HF 2171

as introduced - 87th Legislature (2011 - 2012) Posted on 02/09/2012 02:13pm

A bill for an act
relating to natural resources; modifying game and fish license requirements;
providing for taking wolf; modifying requirements to take and transport wild
animals; modifying department authority and duties; modifying restrictions on
discharging firearms and bows; modifying predator control program; modifying
deer baiting restrictions; modifying authority to remove beavers; modifying
disposition of certain receipts; eliminating authority for certain executive
orders; requiring rulemaking; providing civil penalties; appropriating money;
amending Minnesota Statutes 2010, sections 17.4993, subdivision 2; 84.027,
subdivision 14; 97A.015, subdivision 53; 97A.065, subdivision 6; 97A.085, by
adding a subdivision; 97A.421, subdivision 3; 97A.451, subdivisions 3, 4, by
adding a subdivision; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions 2,
3, 20; 97A.482; 97B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.055,
subdivision 1; 97B.071; 97B.085, subdivision 3; 97B.328; 97B.601, subdivisions
3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.711, subdivision 1;
97B.805, subdivision 1; 97B.901; 97C.515, subdivisions 2, 4; Minnesota Statutes
2011 Supplement, sections 97A.075, subdivision 1, by adding a subdivision;
97B.075; 97B.645, subdivision 9; 97B.667; proposing coding for new law in
Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2010, sections
97A.045, subdivisions 8, 13; 97A.065, subdivision 1; 97A.095, subdivision
3; 97A.331, subdivision 7; 97A.485, subdivision 12; 97A.552; 97B.645,
subdivision 2; 97C.031; 97C.515, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 17.4993, subdivision 2, is amended to read:

Subd. 2.

Importation of live minnows.

Minnows from outside the state may not be
imported live deleted text begin by a licensee for purposes other than processing or feeding aquatic farm
fish. A transportation permit as prescribed under sections 17.4985, 17.4986, and 97C.515,
subdivision 4, is required for importation deleted text end .

Sec. 2.

Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:

Subd. 14.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; deleted text begin and
deleted text end

(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department new text begin ; and
new text end

new text begin (8) plan and implement activities designed to recruit new outdoor recreation
participants and retain existing participants. This includes but is not limited to anglers,
hunters, trappers, and campers new text end .

Sec. 3.

Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:

Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild
animals that are not protected wild animals including weasel, coyote deleted text begin (brush wolf) deleted text end , gopher,
porcupine, striped skunk, and unprotected birds.

Sec. 4.

Minnesota Statutes 2010, section 97A.065, subdivision 6, is amended to read:

Subd. 6.

Deer license donations and surcharges.

deleted text begin (a) deleted text end The surcharges and donations
collected under section 97A.475, subdivision 3, paragraph (b), and subdivision 3a,
shall be deposited in an account in the special revenue fund and are appropriated to
the commissioner for deer management, including for grants or payments to agencies,
organizations, or individuals for assisting with the cost of processing deer taken for
population management purposes for venison donation programs. None of the additional
license fees shall be transferred to any other agency for administration of programs other
than venison donation. If any money transferred by the commissioner is not used for a
venison donation program, it shall be returned to the commissioner.

deleted text begin (b) By February 10, 2010, the commissioner shall report to the legislature on the
participation in and the effectiveness of the venison donation program.
deleted text end

Sec. 5.

Minnesota Statutes 2011 Supplement, section 97A.075, subdivision 1, is
amended to read:

Subdivision 1.

Deer, bear, and lifetime licenses.

(a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12),
and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the deer management account and
is appropriated to the commissioner for deer habitat improvement or deer management
programs.

(c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each
license issued under section 97A.473, subdivision 4, shall be credited to the deer and
bear management account and is appropriated to the commissioner for deer and bear
management programs, including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. deleted text begin The commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.
deleted text end

When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.

Sec. 6.

Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Wolf licenses. new text end

new text begin (a) For purposes of this subdivision, "wolf license" means a
license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph
(a), clause (13); or 20, paragraph (b).
new text end

new text begin (b) Revenue from wolf licenses must be credited to the wolf management and
monitoring account and is appropriated to the commissioner only for wolf management,
research, damage control, enforcement, and education.
new text end

Sec. 7.

Minnesota Statutes 2010, section 97A.085, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Vacating refuges open to hunting. new text end

new text begin Notwithstanding subdivision 8, the
commissioner may vacate a state game refuge by publishing a notice in the State Register
if the refuge has been open to trapping and hunting small game including waterfowl, deer
or bear by archery, and deer or bear by firearms for at least five years.
new text end

Sec. 8.

Minnesota Statutes 2010, section 97A.421, subdivision 3, is amended to read:

Subd. 3.

Issuance of a big game license after conviction.

new text begin (a) new text end A person may not
obtain any big game license or take big game under a lifetime license, issued under section
97A.473, for three years after the person is convicted of:

(1) a gross misdemeanor violation under the game and fish laws relating to big game;

(2) doing an act without a required big game license; deleted text begin or
deleted text end

(3) the second violation within three years under the game and fish laws relating to
big game deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) any other violation involving taking a deer that is a trophy deer scoring higher
than 170 using the scoring method established for wildlife restitution values adopted
under section 97A.345.
new text end

new text begin (b) A person may not obtain any deer license or take deer under a lifetime license
issued under section 97A.473 for one year after the person is convicted of hunting deer
with the aid or use of bait under section 97B.328.
new text end

new text begin (c) The revocation period under paragraphs (a) and (b) doubles if the conviction
is for a deer that is a trophy deer scoring higher than 170 using the scoring method
established for wildlife restitution values adopted under section 97A.345.
new text end

Sec. 9.

Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 must
obtain a small game license in order to take small game by firearms or bow and arrow
without paying the applicable fees under section 97A.475, subdivisions 2, 4, and 5, if
the resident is:

(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;

(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small game new text begin , other than wolves, new text end by trapping
without a small game license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may trap new text begin small game, other than wolves, new text end without a
trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or guardian.

(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.

(d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

Sec. 10.

Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Persons deleted text end new text begin Residents new text end under age 16; big game.

(a) A deleted text begin person deleted text end new text begin resident new text end age
12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses
a firearms safety certificate. A deleted text begin person deleted text end new text begin new text end new text begin resident new text end age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.

(b) A deleted text begin person deleted text end new text begin resident new text end age 10 or 11 may take big game provided the person is under
the direct supervision of a parent or guardian where the parent or guardian is within
immediate reach. deleted text begin Until March 1, 2009, a person age 10 or 11 may take big game under a
parent or guardian's license. Beginning March 1, 2009, deleted text end A deleted text begin person deleted text end new text begin resident new text end age 10 or 11
must obtain a license deleted text begin in order deleted text end to take big game and may obtain the license without paying
the fee required under section 97A.475, subdivision 2.

Sec. 11.

Minnesota Statutes 2010, section 97A.451, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Nonresidents under age 16; big game. new text end

new text begin (a) A nonresident age 12,
13, 14, or 15 may not obtain a license to take big game unless the person possesses a
firearms safety certificate. A nonresident age 12 or 13 must be accompanied by a parent or
guardian to hunt big game.
new text end

new text begin (b) A nonresident age 10 or 11 may take big game provided the person is under the
direct supervision of a parent or guardian where the parent or guardian is within immediate
reach. A nonresident age 10 or 11 must obtain a license to take big game and must pay the
fee required under section 97A.475, subdivision 3.
new text end

Sec. 12.

Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:

Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small game new text begin , other than wolves, new text end
in the state. The license authorizes those hunting and trapping activities authorized by the
annual resident small game hunting deleted text begin and trapping licenses deleted text end new text begin license and the trapping license
for fur-bearing animals other than wolves new text end . The license does not include a turkey stamp
validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $217;

(2) age 4 to age 15, $290;

(3) age 16 to age 50, $363; and

(4) age 51 and over, $213.

Sec. 13.

Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:

Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game new text begin , other than
wolves, new text end in the state. The license authorizes those activities authorized by the annual
resident angling deleted text begin , deleted text end new text begin and new text end resident small game hunting deleted text begin , deleted text end new text begin licenses new text end and new text begin the new text end resident trapping
deleted text begin licenses deleted text end new text begin license for fur-bearing animals other than wolves new text end . The license does not include a
trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

Sec. 14.

Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:

Subd. 5a.

Lifetime sporting with spearing option license; fee.

(a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small game new text begin , other than wolves, new text end in the state. The license
authorizes those activities authorized by the annual resident angling, spearing, new text begin and new text end resident
small game hunting deleted text begin , and resident trapping deleted text end licenses new text begin and the resident trapping license for
fur-bearing animals other than wolves new text end . The license does not include a trout and salmon
stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
hunting stamps required by law.

(b) The fees for a resident lifetime sporting with spearing option license are:

(1) age 3 and under, $615;

(2) age 4 to age 15, $800;

(3) age 16 to age 50, $985; and

(4) age 51 and over, $586.

Sec. 15.

Minnesota Statutes 2010, 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) for persons age 18 or over to take turkey, $23;

(4) for persons under age 18 to take turkey, $12;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $26;

(6) for persons age 18 or over to take deer by archery, $26;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;

(8) to take moose, for a party of not more than six persons, $310;

(9) to take bear, $38;

(10) to take elk, for a party of not more than two persons, $250;

(11) to take Canada geese during a special season, $4;

(12) to take prairie chickens, $20;

(13) for persons under age 18 to take deer with firearms during the regular firearms
season, $13;

(14) for persons under age 18 to take deer by archery, $13; deleted text begin and
deleted text end

(15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
season, $13 new text begin ; and
new text end

new text begin (16) to take wolf, $50 new text end .

Sec. 16.

Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:

Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) for persons age 18 or over to take small game, $73;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;

(3) for persons age 18 or over to take deer by archery, $135;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;

(5) to take bear, $195;

(6) for persons age 18 and older to take turkey, $78;

(7) for persons under age 18 to take turkey, $12;

(8) to take raccoon or bobcat, $155;

(9) to take Canada geese during a special season, $4;

(10) for persons under age 18 to take deer with firearms during the regular firearms
season in any open season option or time period, $13;

(11) for persons under age 18 to take deer by archery, $13; deleted text begin and
deleted text end

(12) for persons under age 18 to take deer during the muzzleloader season, $13 new text begin ; and
new text end

new text begin (13) to take wolf, $230 new text end .

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
surcharge.

Sec. 17.

Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:

Subd. 20.

Trapping deleted text begin license deleted text end new text begin licenses new text end .

new text begin (a) new text end The fee for a license to trap fur-bearing
animals new text begin , other than wolves, new text end is:

(1) for residents over age 13 and under age 18, $6;

(2) for residents age 18 or over and under age 65, $20;

(3) for residents age 65 or over, $10; and

(4) for nonresidents, $73.

new text begin (b) The fee for a license to trap wolves is $50, to be issued to residents only.
new text end

Sec. 18.

Minnesota Statutes 2010, section 97A.482, is amended to read:

97A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
SECURITY NUMBERS.

(a) All applicants for individual noncommercial game and fish licenses under this
chapter and chapters 97B and 97C must include the applicant's Social Security number
on the license application. If an applicant does not have a Social Security number, the
applicant must certify that the applicant does not have a Social Security number.

(b) The Social Security numbers collected by the commissioner on game and fish
license applications are private data under section 13.355, subdivision 1, and must be
provided by the commissioner to the commissioner of human services for child support
enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42,
section 666(a)(13), requires the collection of Social Security numbers on game and fish
license applications for child support enforcement purposes.

deleted text begin (c) The commissioners of human services and natural resources shall request a
waiver from the secretary of health and human services to exclude any applicant under the
age of 16 from the requirement under this section and under cross-country ski licensing
sections to provide the applicant's Social Security number. If a waiver is granted, this
section will be so amended effective January 1, 2006, or upon the effective date of the
waiver, whichever is later.
deleted text end

Sec. 19.

Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:

Subdivision 1.

Firearms and ammunition that may be used to take big game new text begin
and wolves new text end .

A person may take big game new text begin and wolves new text end with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
centerfire ignition;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .22 inches and has a soft point or is
an expanding bullet type;

(4) the muzzleloader used is incapable of being loaded at the breech;

(5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) the rifled muzzleloader used is a caliber of at least .40 inches.

Sec. 20.

Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:

Subd. 2.

Handguns for small game.

A person may take small game with a handgun
of any caliber in a manner prescribed by the commissioner new text begin , except that wolves may only
be taken by hunting with the calibers specified in subdivision 1 new text end .

Sec. 21.

Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:

Subd. 1a.

Minimum draw weight.

A bow used to take big game deleted text begin or deleted text end new text begin , new text end turkey new text begin , or
wolves new text end must have a pull that meets or exceeds 30 pounds at or before full draw.

Sec. 22.

Minnesota Statutes 2010, section 97B.055, subdivision 1, is amended to read:

Subdivision 1.

Restrictions related to highways.

(a) A person may not discharge a
firearm deleted text begin or an arrow from a bow deleted text end new text begin containing No. 4 buckshot or larger diameter shot or single
projectile ammunition new text end on, over, deleted text begin or deleted text end across new text begin , or within the right-of-way of new text end an improved public
highway at a deleted text begin big game deleted text end new text begin wild new text end animal. A person may not discharge deleted text begin a firearm or deleted text end new text begin an arrow
from a new text end bow and arrow new text begin on, over, across, or new text end within the right-of-way of an improved public
highway at a deleted text begin big game deleted text end new text begin wild new text end animal. The commissioner may by rule extend the application
of this subdivision to the taking of migratory waterfowl in designated locations.

(b) A person may not discharge a firearm or an arrow from a bow on, over, across, or
within the right-of-way of an improved public highway at a decoy of a big game animal
that has been set out by a licensed peace officer.

Sec. 23.

Minnesota Statutes 2010, section 97B.071, is amended to read:

97B.071 BLAZE ORANGE REQUIREMENTS.

(a) Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
pattern of at least 50 percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
location or to trappers on waters of this state.

(b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
at least one article of the person's clothing above the waist is blaze orange. This paragraph
does not apply to a person new text begin when in a stationary location while hunting deer by archery
or when new text end hunting new text begin small game new text end by falconry.

(c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.

Sec. 24.

Minnesota Statutes 2011 Supplement, 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 new text begin and wolves new text end may be taken from one-half hour before sunrise until
one-half hour after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner.

Sec. 25.

Minnesota Statutes 2010, section 97B.085, subdivision 3, is amended to read:

Subd. 3.

Communication excepted.

This section does not prohibit the use of:

(1) deleted text begin one-way deleted text end radio communication between a handler and a dog; deleted text begin or
deleted text end

(2) a remote-controlled animal noise caller for taking crows, fur-bearing animals,
and unprotected animals new text begin ; or
new text end

new text begin (3) a remote-controlled motorized decoy used for taking migratory waterfowl under
section 97B.811, subdivision 4a new text end .

Sec. 26.

new text begin [97B.1115] USE OF MECHANICAL OR ELECTRONIC ASSISTANCE
TO HOLD AND DISCHARGE FIREARMS OR BOWS BY PHYSICALLY
DISABLED.
new text end

new text begin Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701,
subdivision 2, the commissioner may authorize a physically disabled hunter who has
a verified statement of the disability from a licensed physician or a certified nurse
practitioner or certified physician assistant acting under the direction of a licensed
physician to use a swivel or otherwise mounted gun or bow or any electronic or mechanical
device to discharge a gun or bow as long as the participant is physically present at the site.
new text end

Sec. 27.

Minnesota Statutes 2010, section 97B.328, is amended to read:

97B.328 BAITING PROHIBITED.

Subdivision 1.

Hunting with aid of bait deleted text begin or feed deleted text end prohibited.

A person may not
deleted text begin hunt deleted text end new text begin take new text end deer deleted text begin :
deleted text end

deleted text begin (1) deleted text end with the aid or use of bait deleted text begin or feed; or deleted text end new text begin .
new text end

deleted text begin (2) in the vicinity of bait or feed if the person knows or has reason to know that bait
or feed is present.
deleted text end

Subd. 2.

Removal of bait.

An area is considered baited for ten days after the
complete removal of all bait deleted text begin or feed deleted text end .

Subd. 3.

Definition.

new text begin (a) new text end For purposes of this section, "bait deleted text begin or feed deleted text end " includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
and that has been placed by a person. new text begin "Baiting" means placing, exposing, depositing,
distributing, or scattering bait that is capable of attracting or enticing deer. new text end

new text begin (b) new text end Liquid scents, salt, and minerals are not bait deleted text begin or feed deleted text end new text begin if they do not contain liquid
or solid food ingredients new text end .

deleted text begin Food that has not been placed by a person and resulting deleted text end new text begin (c) Agricultural crops new text end
from normal or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities deleted text begin is deleted text end new text begin are new text end not bait deleted text begin or feed deleted text end . new text begin
This exclusion does not apply to agricultural crops that have been re-introduced and
concentrated where a person is hunting.
new text end

Subd. 4.

Exception for bait or feed on adjacent land.

A person otherwise in
compliance with this section who is hunting on private or public property that is adjacent
to property where bait or deleted text begin feed deleted text end new text begin food new text end is present is not in violation of this section if the
person has not participated in, been involved with, or agreed to baiting or feeding wildlife
on the adjacent property.

Sec. 28.

Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:

Subd. 3a.

Nonresidents; trapping small game.

A nonresident may take small
game new text begin , except wolves, new text end by trapping only on land owned by the nonresident, if the
nonresident possesses a trapping license new text begin for fur-bearing animals other than wolves new text end and a
small game license.

Sec. 29.

Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:

Subd. 4.

Exception to license requirements.

(a) A resident under age 16 may take
small game new text begin , other than wolves, new text end without a small game license, and a resident under age
13 may trap new text begin small game and fur-bearing animals, other than wolves, new text end without a trapping
license, as provided in section 97A.451, subdivision 3.

(b) A person may take small game new text begin , other than wolves, new text end without a small game license
on land occupied by the person as a principal residence.

(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.

(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2, during the closed season without a license.

(e) A person may take a new text begin wolf, new text end turkey new text begin , new text end or a prairie chicken without a small game
license.

Sec. 30.

Minnesota Statutes 2010, section 97B.603, is amended to read:

97B.603 TAKING SMALL GAME AS A PARTY.

new text begin (a) new text end While two or more persons are taking small game as a party and maintaining
unaided visual and vocal contact, a member of the party may take and possess more than
one limit of small game, but the total number of small game taken and possessed by
the party may not exceed the limit of the number of persons in the party that may take
and possess small game.

new text begin (b) new text end This section does not apply to deleted text begin the deleted text end hunting deleted text begin of deleted text end new text begin wolves, new text end migratory game birds new text begin , new text end or
turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter new text begin and
a licensed wolf hunter may assist another licensed wolf hunter new text end for the same zone and time
period as long as the hunter does not shoot or tag a turkey new text begin or wolf new text end for the other hunter.

Sec. 31.

Minnesota Statutes 2010, section 97B.605, is amended to read:

97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
SMALL GAME ANIMALS.

The commissioner may prescribe restrictions on and designate areas where gray and
fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
fox, fisher, pine marten, opossum, new text begin wolves, new text end and badger may be taken and possessed.

Sec. 32.

Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
amended to read:

Subd. 9.

Open season.

There shall be no open season for deleted text begin gray deleted text end wolves until after the
deleted text begin gray deleted text end wolf is delisted under the federal Endangered Species Act of 1973. After that time,
the commissioner may prescribe open seasons and restrictions for taking deleted text begin gray deleted text end wolves but
must provide opportunity for public comment.

Sec. 33.

new text begin [97B.647] TAKING WOLVES.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin Except as provided under section 97B.645 or
97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
new text end

new text begin Subd. 2. new text end

new text begin Open seasons. new text end

new text begin Wolves may be taken with legal firearms, with bow and
arrow, and by trapping. The commissioner may by rule prescribe the open seasons for
wolves.
new text end

new text begin Subd. 3. new text end

new text begin Open areas. new text end

new text begin The commissioner may by rule designate areas where wolves
may be taken.
new text end

new text begin Subd. 4. new text end

new text begin Bag limit. new text end

new text begin The commissioner may establish by rule the bag limit for
wolves.
new text end

new text begin Subd. 5. new text end

new text begin Limit on number of hunters and trappers. new text end

new text begin The commissioner may by
rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
to prevent an overharvest or improve the distribution of hunters and trappers. The
commissioner shall establish a method, including a drawing, to impartially select the
hunters and trappers for an area.
new text end

new text begin Subd. 6. new text end

new text begin Application for license. new text end

new text begin An application for a wolf hunting or trapping
license must be made in a manner provided by the commissioner and accompanied by a
$4 application fee. The $4 application fee is appropriated according to section 84.027,
subdivision 15, paragraph (c), to pay for costs associated with conducting the wolf license
drawing and wolf management. A person may not make more than one application
for each season as prescribed by the commissioner. If a person makes more than one
application, the person is ineligible for a license for that season after determination by the
commissioner, without a hearing.
new text end

new text begin Subd. 7. new text end

new text begin Quotas. new text end

new text begin The commissioner may by rule set an annual quota for the number
of wolves that can be taken by hunting and trapping. The commissioner may establish a
method to monitor harvest and close the season when the quota is reached.
new text end

Sec. 34.

Minnesota Statutes 2011 Supplement, section 97B.667, is amended to read:

97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
ROAD AUTHORITIES new text begin AND LOCAL GOVERNMENT UNITS new text end .

new text begin (a) new text end When a drainage watercourse is impaired by a beaver dam and the water damages
or threatens to damage a public road, the road authority, as defined in section 160.02,
subdivision 25, may remove the impairment and any associated beaver lodge within 300
feet of the road. Notwithstanding any law to the contrary, the road authority may kill or
arrange to have killed by any lawful means a beaver associated with the lodge.

new text begin (b) Local government units may kill or arrange to have killed by any lawful means
beaver that are causing damage, including damage to silvicultural projects, on property
owned or managed by the local government unit. Removal or destruction of any associated
beaver lodge is subject to section 97A.401, subdivision 5.
new text end

new text begin (c) new text end Before killing or arranging to kill a beaver under this section, the road authority
new text begin or local government unit new text end must contact a conservation officer for a special beaver permit.
The conservation officer must issue the permit for any beaver subject to this section. A
road authority new text begin or local government unit new text end that kills or arranges to have killed a beaver under
this section must notify a conservation officer or the officer's designee as specified in the
permit within ten days after the animal is killed.

new text begin (d) new text end A road authority new text begin or local government unit new text end may, after consultation with the
Wildlife Division and the Board of Water and Soil Resources, implement a local beaver
control program designed to reduce the number of incidents of beaver new text begin : (1) new text end interfering with
or damaging a public road new text begin ; or (2) causing damage, including damage to silvicultural
projects, on property owned or managed by a local government unit new text end . The local control
program may include the offering of a bounty for the lawful taking of beaver.

Sec. 35.

Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:

Subd. 3.

Predator control payments.

The commissioner shall pay a predator
controller the amount the commissioner deleted text begin prescribes deleted text end new text begin determines by written order published
in the State Register new text end for each deleted text begin predator deleted text end new text begin coyote and fox new text end taken. deleted text begin The commissioner shall pay
at least $25 but not more than $60 for each coyote taken. deleted text end The commissioner may require
the predator controller to submit proof of the taking and a signed statement concerning
the predators taken. new text begin The fees are not subject to the rulemaking provisions of chapter 14,
and section 14.386 does not apply.
new text end

Sec. 36.

Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Gray deleted text end Wolf control.

(a) The commissioner shall provide a deleted text begin gray deleted text end wolf control
training program for certified predator controllers participating in deleted text begin gray deleted text end wolf control.

(b) After the deleted text begin gray deleted text end wolf is delisted under the federal Endangered Species Act of
1973, in zone B, as defined under section 97B.645, subdivision 12, if the commissioner,
after considering recommendations from an extension agent or conservation officer, has
verified that livestock, domestic animals, or pets were destroyed by a deleted text begin gray deleted text end wolf within the
previous five years, and if the livestock, domestic animal, or pet owner requests deleted text begin gray deleted text end wolf
control, the commissioner shall open a predator control area for deleted text begin gray deleted text end wolves.

(c) After the deleted text begin gray deleted text end wolf is delisted under the federal Endangered Species Act of
1973, in zone A, as defined under paragraph (g), if the commissioner, after considering
recommendations from an extension agent or conservation officer, verifies that livestock,
domestic animals, or pets were destroyed by a deleted text begin gray deleted text end wolf, and if the livestock, domestic
animal, or pet owner requests deleted text begin gray deleted text end wolf control, the commissioner shall open a predator
control area for deleted text begin gray deleted text end wolves for up to 60 days.

(d) A predator control area opened for deleted text begin gray deleted text end wolves may not exceed a one-mile
radius surrounding the damage site.

(e) The commissioner shall pay a certified deleted text begin gray deleted text end wolf predator controller deleted text begin $150 deleted text end new text begin the
amount the commissioner determines by written order published in the State Register new text end for
each wolf taken. The certified deleted text begin gray deleted text end wolf predator controller must dispose of unsalvageable
remains as directed by the commissioner. All salvageable deleted text begin gray deleted text end wolf remains must be
surrendered to the commissioner. new text begin The fees are not subject to the rulemaking provisions of
chapter 14, and section 14.386 does not apply.
new text end

(f) The commissioner may, in consultation with the commissioner of agriculture,
develop a cooperative agreement for deleted text begin gray deleted text end wolf control activities with the United States
Department of Agriculture. The cooperative agreement activities may include, but not be
limited to, deleted text begin gray deleted text end wolf control, training for state predator controllers, and control monitoring
and record keeping.

(g) For the purposes of this subdivision, "zone A" means that portion of the state
lying outside of zone B, as defined under section 97B.645, subdivision 12.

Sec. 37.

Minnesota Statutes 2010, section 97B.711, subdivision 1, is amended to read:

Subdivision 1.

Seasons for certain upland game birds.

(a) The commissioner
may, by rule, prescribe an open season in designated areas between September 16 and
January 3 for:

(1) pheasant;

(2) ruffed grouse;

(3) sharp tailed grouse;

(4) Canada spruce grouse;

(5) prairie chicken;

(6) gray partridge;

(7) bobwhite quail; and

(8) turkey.

(b) The commissioner may by rule prescribe an open season for turkey in the spring.

deleted text begin (c) The commissioner shall allow a four-week fall season for turkey in the area
designated as turkey permit area 601 as of the 2008 season. All applicable local and state
regulations apply.
deleted text end

Sec. 38.

Minnesota Statutes 2010, section 97B.805, subdivision 1, is amended to read:

Subdivision 1.

Hunter must be concealed.

(a) A person may not take migratory
waterfowl, coots, or rails in open water unless the person is:

(1) within a natural growth of vegetation sufficient to partially conceal the person or
boat;

(2) on a river or stream that is not more than 100 yards in width; deleted text begin or
deleted text end

(3) pursuing or shooting wounded birds new text begin ; or
new text end

new text begin (4) in areas specifically designated for such taking by the commissioner by rule new text end .

(b) A person may not take migratory waterfowl, coots, or rails in public waters from
a permanent artificial blind or sink box.

Sec. 39.

Minnesota Statutes 2010, 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, deleted text begin and deleted text end otter new text begin , and wolf new text end 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.

new text begin (c) The whole carcass of each wolf, with the pelt removed, 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. The commissioner may require that the entire carcass or samples from
the carcass be surrendered to the state wildlife manager designee.
new text end

Sec. 40.

Minnesota Statutes 2010, section 97C.515, subdivision 2, is amended to read:

Subd. 2.

Permit for transportation.

(a) A person may transport new text begin live new text end minnows
through the state with a permit from the commissioner. The permit must state the name
and address of the person, the number and species of minnows, the point of entry into the
state, the destination, and the route through the state. The permit is not valid for more
than 12 hours after it is issued.

new text begin (b) Minnows transported under this subdivision must be in a sealed container. An
agent authorized by the commissioner must seal the container when the container enters
the state.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may require the person transporting minnow species found
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services, to
provide health certification for viral hemorrhagic septicemia deleted text begin or other certifiable diseases.
For certifiable diseases not currently documented in Minnesota, deleted text end new text begin . new text end The certification new text begin must
disclose any incidentally isolated replicating viruses and new text end must be dated within the 12
months preceding transport.

Sec. 41.

Minnesota Statutes 2010, section 97C.515, subdivision 4, is amended to read:

Subd. 4.

Private fish hatchery or aquatic farm.

deleted text begin (a) A person with a private fish
hatchery or aquatic farm license may transport minnows with a transportation permit from
contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
used for processing or feeding hatchery fish.
deleted text end

deleted text begin (b) The commissioner may require inspection of minnows and disease certification
for species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, that are being transported from outside the state.
deleted text end

deleted text begin (c) The commissioner may approve the import of minnows into areas or waters
where certifiable diseases have been identified as being present.
deleted text end

new text begin Live minnows used for feeding fish at a licensed private fish hatchery or aquatic
farm must be obtained within the state. Dead minnows may be imported for feeding
hatchery or aquatic farm fish according to section 97C.341, paragraph (d).
new text end

Sec. 42. new text begin RULEMAKING; RESTITUTION VALUE FOR WOLVES.
new text end

new text begin (a) The commissioner of natural resources shall amend the restitution value for
gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
"gray wolves" to "wolves."
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386 does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 43. new text begin RULEMAKING; USE OF SNARES.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6234.0100, to include a subpart that prohibits the use of carcasses of domestic animals for
taking wolves on public lands.
new text end

new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 5, to provide that when taking wolves, snares may not be set in trails.
new text end

new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 7, to provide that a snare set by a licensed wolf trapper to take a
wolf may not be set so that the bottom of the loop is more than 18 inches above the first
surface beneath the bottom of the set snare loop, and the top height in that subpart does
not apply to snares set for wolves.
new text end

new text begin (d) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 8, to provide that during the wolf season, licensed wolf trappers may
use snares, provided:
new text end

new text begin (1) the diameter of a snare loop does not exceed 16 inches when fully open; and
new text end

new text begin (2) the cable includes stops affixed to the cable to ensure that the portion of the cable
that makes up the noose loop may not be less than six inches when fully closed.
new text end

new text begin (e) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 9, to provide that during the wolf season, licensed wolf trappers must
use snare cable at least 7/64 inches in diameter.
new text end

new text begin (f) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 44. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "gray wolf" or "gray wolves" wherever
the terms appear in Minnesota Statutes and Minnesota Rules to "wolf" or "wolves."
new text end

Sec. 45. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 97A.045, subdivisions 8 and 13; 97A.065,
subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12;
97A.552; 97B.645, subdivision 2; 97C.031; and 97C.515, subdivision 5, new text end new text begin are repealed.
new text end