HF 1406

as introduced - 89th Legislature (2015 - 2016) Posted on 03/04/2015 11:27am

A bill for an act
relating to natural resources; modifying certain authorities; extending expiration
of citizen oversight committees; providing for compliance with federal law;
modifying enforcement provisions; modifying provisions to take, possess, and
transport wild animals; providing for certain licenses; modifying landowner's
bill of rights; providing criminal penalties; requiring rulemaking; amending
Minnesota Statutes 2014, sections 84.027, subdivision 13a; 84.0274, subdivisions
3, 5; 84D.03, subdivision 3; 97A.045, subdivision 11; 97A.055, subdivision
4b; 97A.057, subdivision 1; 97A.211, subdivisions 1, 2; 97A.255, subdivision
4; 97A.425, subdivisions 1, 2; 97A.435, subdivision 4; 97A.475, subdivision
21, by adding a subdivision; 97B.001, subdivision 7; 97B.081, subdivision 3;
97B.085, subdivision 2; 97B.668; 97B.701, by adding a subdivision; 97B.905,
subdivision 1; 97B.931, subdivision 2; 97C.005, subdivision 3; 97C.301, by
adding a subdivision; 97C.345, by adding a subdivision; 97C.501, subdivision
2; proposing coding for new law in Minnesota Statutes, chapters 97A; 97B;
repealing Minnesota Statutes 2014, sections 97A.475, subdivision 25; 97B.905,
subdivision 3; Minnesota Rules, part 6264.0400, subparts 27, 28.

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

Section 1.

Minnesota Statutes 2014, section 84.027, subdivision 13a, is amended to read:

Subd. 13a.

Game and fish expedited permanent rules.

new text begin (a) new text end In addition to the
authority granted in subdivision 13, the commissioner of natural resources may adopt rules
under section 14.389 that are authorized under:

(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or

(2) section 84D.12 to list prohibited invasive species, regulated invasive species, and
unregulated nonnative species.

new text begin (b) The commissioner of natural resources may adopt rules under section 14.389
that are authorized under chapters 97A, 97B, and 97C for purposes in addition to those
listed in paragraph (a), clause (1), subject to the notice and public hearing provisions
of section 14.389, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 84.0274, subdivision 3, is amended to read:

Subd. 3.

Condemnation limits.

No lands shall be acquired by the commissioner
of natural resources by means of condemnation unless the owner requests that the
owner's lands be condemned or the condemnation is specifically authorized by law. new text begin
Notwithstanding subdivision 5, paragraph (g), and sections 117.52 and 117.521, the owner
shall not be paid relocation costs when the owner requests that their lands be condemned.
new text end

Sec. 3.

Minnesota Statutes 2014, section 84.0274, subdivision 5, is amended to read:

Subd. 5.

Owner's rights.

When the state proposes to purchase in fee or any lesser
interest in land which will be administered by the commissioner of natural resources, the
landowner shall have the following rights:

(a) the right to be informed of the specific intended use of the property and of any
change in the intended use of the property which occurs during the acquisition process.
The owner shall also be informed that the documents regarding the purchase will be public
records if the land is purchased by the state;

(b) the right to be paid a fair price for the property. The price shall include the
fair market value of the land plus:

(1) all necessary incidental costs such as abstracting and recording fees related
to the sale. The costs of clearing title defects, paying taxes, and attorney's fees are not
reimbursable; and

(2) any penalties incurred by the owner where the property is security for a loan or
advance of credit that contains a provision requiring or permitting the imposition of a
penalty if the loan or advance of credit is prepaid;

(c) the right to payment, at the owner's election, in a lump sum or in up to four
annual installments;

(d) the right to have the property fairly appraised by the state. The state's appraiser
shall physically inspect the property and the owner shall be allowed to accompany the
appraiser when the appraisal is made. The state's appraiser shall certify in the appraisal
report to having physically inspected the property and having given the landowner an
opportunity to accompany the appraiser on inspections. Notwithstanding section 13.44,
subdivision 3, before an offer is made, the landowner shall be informed of the value
determined pursuant to section 84.0272;

(e) the right to retain a qualified independent appraiser to conduct an appraisal at any
time prior to certification of the state's appraisal of the property deleted text begin and to be reimbursed for
appraisal fees as provided in section 117.232, subdivision 1, if the land is sold to the state deleted text end
and to have that appraisal considered along with the state's in certifying the selling price new text begin
and the right to be reimbursed for appraisal fees up to $1,500 if the land is sold to the state new text end ;

(f) the right to have the state acquire the property by means of condemnation upon
the owner's request with the agreement of the commissioner;

(g) new text begin when the property is being acquired by condemnation or the condemnation is
specifically authorized by law, new text end the right to receive or waive relocation assistance, services,
payments and benefits as provided in sections 117.52 and 117.521 new text begin and to contest the state's
offer for relocation and moving expenses new text end ;

(h) the right to accept the state's offer for the property deleted text begin and contest the state's offer for
relocation and moving expenses deleted text end ;

(i) the right to continue occupancy of the property until full payment is received,
provided that when the owner elects to receive payment in annual installments pursuant to
clause (c), the owner may retain occupancy until the first payment is made; and

(j) the right to seek the advice of counsel regarding any aspect of the land transaction.

Sec. 4.

Minnesota Statutes 2014, section 84D.03, subdivision 3, is amended to read:

Subd. 3.

Bait harvest from infested waters.

(a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) new text begin ,
(c), or (d) new text end and section 97C.341.

(b) In waters that are listed as infested waters, except those listed deleted text begin because they
contain deleted text end new text begin as infested with new text end prohibited invasive species of fish or certifiable diseases of fish, as
defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes deleted text begin according
to deleted text end new text begin as provided in new text end a permit issued under section 84D.11, subject to rules adopted by the
commissioner; new text begin and
new text end

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are listed solely because they contain Eurasian
water milfoil and if the equipment for taking is limited to cylindrical minnow traps not
exceeding 16 inches in diameter and 32 inches in length deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (c) In streams or rivers that are listed as infested waters, except those listed as
infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6,
the new text end harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers
for bait deleted text begin from streams or rivers listed as infested waters, deleted text end by hook and line for noncommercial
personal use deleted text begin . Other provisions that apply to this clause are deleted text end new text begin is allowed as follows new text end :

deleted text begin (i) deleted text end new text begin (1) new text end fish taken under this deleted text begin clause deleted text end new text begin paragraph new text end must be used on the same body of water
where caught and while still on that water body new text begin . Where the river or stream is divided by
barriers such as dams, the fish must be caught and used on the same section of the river
or stream new text end ;

deleted text begin (ii) deleted text end new text begin (2) new text end fish taken under this deleted text begin clause deleted text end new text begin paragraph new text end may not be transported live from or
off the water body;

deleted text begin (iii) deleted text end new text begin (3) new text end fish harvested under this deleted text begin clause deleted text end new text begin paragraph new text end may only be used in accordance
with this section;

deleted text begin (iv) deleted text end new text begin (4) new text end any other use of wild animals used for bait from infested waters is prohibited;

deleted text begin (v) deleted text end new text begin (5) new text end fish taken under this deleted text begin clause deleted text end new text begin paragraph new text end must meet all other size restrictions
and requirements as established in rules; and

deleted text begin (vi) deleted text end new text begin (6) new text end all species listed under this deleted text begin clause deleted text end new text begin paragraph new text end shall be included in the person's
daily limit as established in rules, if applicable.

new text begin (d) In the Mississippi River downstream of St. Anthony Falls and the St.
Croix River downstream of the dam at Taylors Falls, including portions described as
Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1,
items A and B, the harvest of gizzard shad by cast net for noncommercial personal use as
bait for angling, as provided in a permit issued under section 84D.11, is allowed as follows:
new text end

new text begin (1) nontarget species must immediately be returned to the water;
new text end

new text begin (2) gizzard shad taken under this paragraph must be used on the same body of water
where caught and while still on that water body. Where the river is divided by barriers
such as dams, the gizzard shad must be caught and used on the same section of the river;
new text end

new text begin (3) gizzard shad taken under this paragraph may not be transported off the water
body; and
new text end

new text begin (4) gizzard shad harvested under this paragraph may only be used in accordance
with this section.
new text end

new text begin This paragraph expires December 1, 2017.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Equipment authorized for minnow harvest in a listed infested water by permit
issued under paragraph (b) may not be transported to, or used in, any waters other than
waters specified in the permit.

Sec. 5.

Minnesota Statutes 2014, section 97A.045, subdivision 11, is amended to read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) The commissioner shall restrict wildlife feeding within the modified accredited
bovine tuberculosis zone proposed by the Board of Animal Health. In addition to any
other penalties provided by law, a person who violates wildlife feeding restrictions
required under this paragraph may not obtain a hunting license to take a wild animal
for two years after the date of conviction.

(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by new text begin posting restrictions on public access to active disease areas or by
new text end emergency rule adopted under section 84.027, subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2014, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight committees.

(a) The commissioner shall appoint
committees of affected persons to review the reports prepared under subdivision 4; review
the proposed work plans and budgets for the coming year; propose changes in policies,
activities, and revenue enhancements or reductions; review other relevant information;
and make recommendations to the legislature and the commissioner for improvements in
the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following committees, each comprised
of at least ten affected persons:

(1) a Fisheries Oversight Committee to review fisheries funding and expenditures,
including activities related to trout and salmon stamps and walleye stamps; and

(2) a Wildlife Oversight Committee to review wildlife funding and expenditures,
including activities related to migratory waterfowl, pheasant, and wild turkey management
and deer and big game management.

(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee, and four additional members from each committee, shall form a Budgetary
Oversight Committee to coordinate the integration of the fisheries and wildlife oversight
committee reports into an annual report to the legislature; recommend changes on a broad
level in policies, activities, and revenue enhancements or reductions; and provide a forum
to address issues that transcend the fisheries and wildlife oversight committees.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house of representatives committees with
jurisdiction over natural resources finance.

(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight
Committee shall be chosen by their respective committees. The chair of the Budgetary
Oversight Committee shall be appointed by the commissioner and may not be the chair of
either of the other oversight committees.

(f) The Budgetary Oversight Committee may make recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance for outcome goals from expenditures.

(g) The committees authorized under this subdivision are not advisory councils or
committees governed by section 15.059 and are not subject to section 15.059. Committee
members appointed by the commissioner may request reimbursement for mileage
expenses in the same manner and amount as authorized by the commissioner's plan
adopted under section 43A.18, subdivision 2. Committee members must not receive daily
compensation for oversight activities. The Fisheries Oversight Committee, the Wildlife
Oversight Committee, and the Budgetary Oversight Committee expire June 30, deleted text begin 2015 deleted text end new text begin 2020 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2014, section 97A.057, subdivision 1, is amended to read:

Subdivision 1.

Compliance with federal law.

The commissioner shall take any
action necessary to comply with the Federal Aid in Wildlife Restoration Act, United
States Code, title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act,
United States Code, title 16, sections 777 to 777k. new text begin Notwithstanding section 16E.145 or
any other law to the contrary, an appropriation for an information or telecommunications
technology project from the game and fish fund, as established in section 97A.055, must
be made to the commissioner. Any assets acquired with or expenditures made from the
game and fish fund must remain under control of the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2014, section 97A.211, subdivision 1, is amended to read:

Subdivision 1.

Notice to appear in court.

(a) A person must be given notice to
appear in court for a misdemeanor violation of the game and fish laws; chapter 84, 84D,
103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 if:

(1) the person is arrested and is released from custody prior to appearing before a
court; or

(2) the person is subject to a lawful arrest and is not arrested because it reasonably
appears to the enforcement officer that arrest is unnecessary to prevent further criminal
conduct and that there is a substantial likelihood that the person will respond to a notice.

(b) The enforcement officer shall prepare deleted text begin , in quadruplicate, deleted text end a written new text begin or electronic
new text end notice to appear in court new text begin as provided by Rules of Criminal Procedure and section 169.99 new text end .
The notice must be in the form and has the effect of a summons and complaint. The notice
must contain the name and address of the person charged deleted text begin , deleted text end new text begin and new text end the offense deleted text begin , and deleted text end new text begin . The notice
must contain new text end the time and the place to appear in court deleted text begin . The court must have jurisdiction
within the county where the offense is alleged to have been committed deleted text end new text begin or must direct the
defendant to contact the court or violations bureau to schedule an appearance new text end .

Sec. 9.

Minnesota Statutes 2014, section 97A.211, subdivision 2, is amended to read:

Subd. 2.

Release after arrest.

A person arrested for a misdemeanor violation of
the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221;
or section 103F.601 or 609.68 may obtain release by deleted text begin signing the written notice prepared
by the arresting officer deleted text end promising to appear in court. The officer shall deliver a deleted text begin copy
marked "SUMMONS" deleted text end new text begin notice new text end to the person arrested. The officer must then release the
person from custody.

Sec. 10.

Minnesota Statutes 2014, section 97A.255, subdivision 4, is amended to read:

Subd. 4.

Each violation a separate offense new text begin ; prosecution of aggregated offenses new text end .

new text begin (a) Except as allowed in paragraph (b), new text end each wild animal unlawfully taken, bought,
sold, transported, or possessed is a separate offense. If acquitted, a person may not be
prosecuted for a similar offense involving another animal in the same incident.

new text begin (b) In any prosecution that involves two or more offenses committed by the same
person within six months in two or more counties, the accused may be prosecuted in any
county in which one of the offenses was committed for all of the offenses in aggregate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2014, section 97A.425, subdivision 1, is amended to read:

Subdivision 1.

License and record requirements.

(a) A person must have the
required license under the game and fish laws to buy or sell wild animals, to tan animal
hides or dress raw furs, new text begin to prepare fur-bearing animals for another, new text end or to mount specimens
of wild animals and must keep complete records of all transactions and activities covered
by the license and submit reports to the commissioner.

(b) new text begin A licensed fur buyer operating under a master fur buyer license is not required
to keep separate individual records if the records are included with the master fur buyer
records.
new text end

new text begin (c) new text end A person is not required to be licensed to tan animal hides new text begin , prepare fur-bearing
animals for another, new text end or dress raw furs or to mount specimens of wild animals if the person
is not compensated for the service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 12.

Minnesota Statutes 2014, section 97A.425, subdivision 2, is amended to read:

Subd. 2.

Records.

(a) The records must show:

(1) the names and addresses of persons from whom wild animals were obtained and
to whom they were transferred;

(2) the dates of receipt, shipment, and sale of wild animals;

(3) detailed descriptions of the number and type of wild animals purchased, sold,
and shipped;

(4) serial numbers of seals, tags, or permits required to be attached to the wild
animals; and

(5) trapping license numbers for protected fur-bearing animals, unless the trapper is
exempt from the license requirement, which must be noted.

deleted text begin (b) A licensed fur dealer, buying for one employer at the employer's place of
business, is not required to keep separate records if the employer notifies the commissioner
in writing that the employer will account for the fur dealer.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The records required under this section must be available for inspection by
the commissioner, the director, or their agents at all reasonable times. The records must be
preserved and available for two years after the expiration of a license that required them.

deleted text begin (d) deleted text end new text begin (c) new text end Records required of persons licensed to buy or sell wild animals, new text begin prepare
fur-bearing animals for another, new text end or to tan or dress raw furs, must be kept in a book supplied
new text begin or approved new text end by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 13.

Minnesota Statutes 2014, section 97A.435, subdivision 4, is amended to read:

Subd. 4.

Separate selection of eligible licensees.

(a) The commissioner may
conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any
area. Only persons who are owners or tenants of and who live on at least 40 acres of land
in the new text begin permit new text end area, and their family members new text begin who live on the qualifying land new text end , are eligible
applicants for turkey licenses for the separate selection. The qualifying land may be
noncontiguous. Persons who are unsuccessful in a separate selection must be included in
the selection for the remaining licenses. Persons who obtain a license in a separate selection
must allow public turkey hunting on their land during that turkey season. A license issued
under this subdivision is restricted to the permit area where the qualifying land is located.

(b) The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.

Sec. 14.

Minnesota Statutes 2014, section 97A.475, is amended by adding a
subdivision to read:

new text begin Subd. 20a. new text end

new text begin Preparing furbearers. new text end

new text begin The fee for a license for a resident to prepare
raw furs for compensation is $10.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 15.

Minnesota Statutes 2014, section 97A.475, subdivision 21, is amended to read:

Subd. 21.

Fur buying and selling; residents.

(a) The fee for a license for a resident
to buy and sell raw furs is $110.

(b) new text begin The fee for a master fur buyer license for a resident fur buyer and one other
person is $165. new text end The fee deleted text begin for a supplemental license to buy and sell furs deleted text end new text begin to add an additional
person under the license new text end is $55 new text begin per person new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 16.

new text begin [97A.56] FERAL SWINE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "feral swine" means a
member of the genus and species Sus scrofa that lives in the wild.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions; penalty. new text end

new text begin (a) A person may not possess or release
feral swine or swine that were feral during any part of the swines' lifetime or allow feral
swine to run at large.
new text end

new text begin (b) A person may not hunt or trap feral swine, except as authorized by the
commissioner for feral swine control or eradication.
new text end

new text begin (c) A person who violates this subdivision is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Authorized removal of feral swine. new text end

new text begin A person authorized under game and
fish laws to take feral swine is not liable to the owner for the value of the animals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2014, section 97B.001, subdivision 7, is amended to read:

Subd. 7.

Use of firearms and taking in certain areas.

(a) deleted text begin Unless otherwise
provided by law, deleted text end A person may not discharge a firearm new text begin at a wild animal new text end within 500 feet
of a building occupied by a human or livestock without the written permission of the
owner, occupant, or lessee:

(1) on another person's private land, if the land is not a licensed shooting preserve; or

(2) on a public road right-of-way.

(b) deleted text begin No deleted text end new text begin A new text end person may deleted text begin discharge deleted text end new text begin not take a wild animal with new text end a firearm within 500 feet
of a stockade or corral confining livestock for the purpose of normal livestock holding or
sorting operations without the permission of the owner, occupant, or lessee. This paragraph
does not apply to persons hunting during an established hunting season on deleted text begin state-owned or
local government-owned deleted text end new text begin : (1) their own private property, or (2) public new text end land new text begin or water new text end that is
not a road right-of-way. For the purposes of this paragraph, a "stockade or corral" means a
fenced enclosure for confining livestock that does not enclose an area greater than one acre.

(c) A person may not take a wild animal on any land where the person is prohibited
from entering by this section.

Sec. 18.

Minnesota Statutes 2014, section 97B.081, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons
according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial
light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game
animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation,
or occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of
this section for a person to use an electronic range finder device from one-half hour before
sunrise until one-half hour after sunset while lawfully hunting wild animals.

new text begin (d) It is not a violation of this section for a licensed bear hunter to cast the rays of a
handheld artificial light to track or retrieve a wounded or dead bear while possessing a
firearm, provided that the person:
new text end

new text begin (1) has their valid bear hunting license in their possession;
new text end

new text begin (2) is on foot; and
new text end

new text begin (3) is following the blood trail of a bear that was shot during legal shooting hours.
new text end

Sec. 19.

Minnesota Statutes 2014, section 97B.085, subdivision 2, is amended to read:

Subd. 2.

Taking unprotected wild animals deleted text begin ; permit required deleted text end .

A person may deleted text begin not deleted text end
use radio equipment to take unprotected wild animals deleted text begin without a permit. The commissioner
may issue a permit to take unprotected animals with radio equipment. The commissioner
shall cancel the permit upon receiving a valid complaint of misconduct regarding the
permittee's hunting activities deleted text end .

Sec. 20.

new text begin [97B.427] FEEDING BEARS.
new text end

new text begin (a) Except as provided in sections 97B.425 and 97B.426, a person may not place,
deposit, or allow the placement of feed to attract bears.
new text end

new text begin (b) If a bear is feeding on food placed by a person for storage, disposal, feeding
wildlife other than as provided in paragraph (d), clause (1), or other purpose not
specifically exempt in paragraph (d), all food that is accessible to the bear must be
immediately removed when the person becomes aware or is notified that a bear is feeding
at the site. Feed accessible by bears and subsequently removed may not be replaced at the
same site for a minimum of 30 days after removal.
new text end

new text begin (c) Feeding bear by hand or other physical contact is prohibited.
new text end

new text begin (d) It is not a violation of this section when:
new text end

new text begin (1) feed is placed solely for the purpose of attracting and feeding wild birds and
small mammals and placed in bird feeding devices and structures at a sufficient height
or of a design to prevent access by bear;
new text end

new text begin (2) feed is present solely as a result of normal agricultural, forest management, or
wildlife food planting practices;
new text end

new text begin (3) feed is placed for agricultural or livestock practices if livestock are present
and actively consuming the feed on a daily basis or if the feed is stored consistent with
normal agricultural practices; or
new text end

new text begin (4) a person is authorized to place food under a scientific, wildlife disease, or wildlife
damage permit issued by the commissioner under section 97A.401.
new text end

new text begin (e) A person violating this section is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2014, section 97B.668, is amended to read:

97B.668 deleted text begin CANADA GEESE deleted text end new text begin GAME BIRDS new text end CAUSING DAMAGE.

Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or
agent of that person on lands and nonpublic waters owned or operated by the person
may nonlethally scare, haze, chase, or harass deleted text begin Canada geese deleted text end new text begin game birds new text end that are causing
property damage deleted text begin from March 11 to August 31 deleted text end new text begin at any time or place that a hunting season
for the game birds is not open new text end . This section does not apply to public waters as defined
under section 103G.005, subdivision 15 deleted text begin , or deleted text end new text begin . This section does not apply to migratory
waterfowl on nests and other federally protected game birds on nests, except new text end geese on
nests deleted text begin unless deleted text end new text begin when new text end a permit is obtained under section 97A.401.

Sec. 22.

Minnesota Statutes 2014, section 97B.701, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Prohibition on luring or feeding owls. new text end

new text begin (a) A person may not
intentionally feed or visually lure an owl with any object, substance, or food or with an
animal that is either dead or alive.
new text end

new text begin (b) This subdivision does not apply to:
new text end

new text begin (1) a person who possesses a valid permit issued under section 97A.041 or 97A.401;
or
new text end

new text begin (2) a person with a permit or other authorization issued by the United States Fish
and Wildlife Service valid for banding migratory birds.
new text end

new text begin (c) A person violating this subdivision is guilty of a misdemeanor.
new text end

Sec. 23.

new text begin [97B.722] POSSESSION OF FIREARMS; HUNTING TURKEY.
new text end

new text begin (a) While afield hunting turkeys, licensees may not have in possession or control
any firearm or bow and arrow except those defined as legal for taking turkeys in rules
adopted by the commissioner.
new text end

new text begin (b) Paragraph (a) does not apply to a person carrying a handgun in compliance
with section 624.714.
new text end

Sec. 24.

new text begin [97B.904] PREPARATION OF RAW FUR.
new text end

new text begin (a) A person may not prepare a fur-bearing animal for another person for
compensation, by pelting, fleshing, stretching, or other process, without a license to
prepare raw furs.
new text end

new text begin (b) A person preparing fur-bearing animals for another person under this section
is required to keep records as provided in section 97A.425 and must mark any animals
stored in their possession as provided in section 97A.505, subdivision 4.
new text end

new text begin (c) A person with a license to prepare raw furs may transport fur-bearing animals to
be prepared by the person, but may not present the pelt and carcass for registration for
another person. Any fur-bearing animals being transported under this paragraph must be
marked as provided in section 97A.505, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 25.

Minnesota Statutes 2014, section 97B.905, subdivision 1, is amended to read:

Subdivision 1.

License requirement.

(a) A person may not buy or sell raw furs
without a fur buying and selling license, except:

(1) a taxidermist licensed under section 97A.475, subdivision 19, and a fur
manufacturer are not required to have a license to buy raw furs from a person with fur
buying and selling licenses; and

(2) a person lawfully entitled to take fur-bearing animals is not required to have a
license to sell raw furs to a person with a fur buying and selling license.

(b) deleted text begin An employee, partner, or officer buying or selling only for a raw fur dealer
licensee at an established place of business licensed under section 97A.475, subdivision
21, clause (a), may obtain a supplemental license under section 97A.475, subdivision 21,
clause (b). deleted text end new text begin A fur buying and selling license under this subdivision is required to sell raw
fur to resident manufacturers or unlicensed nonresidents and to represent unlicensed
nonresidents as a broker or agent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 26.

new text begin [97B.927] TAKING FISHER, MARTEN, AND BOBCAT.
new text end

new text begin The commissioner may by rule limit the number of persons that may take fisher,
marten, and bobcat in an area, if it is necessary to prevent an overharvest or improve the
distribution of hunters and trappers. The commissioner, if necessary, shall establish a
method, including a drawing, to impartially select the hunters and trappers for an area.
Preference must be given to persons who have previously applied in the general selection
but have not been selected.
new text end

Sec. 27.

Minnesota Statutes 2014, section 97B.931, subdivision 2, is amended to read:

Subd. 2.

Body-gripping traps.

A body-gripping deleted text begin , conibear-type deleted text end trap deleted text begin need not deleted text end new text begin must new text end
be tended deleted text begin more frequently than deleted text end new text begin at least new text end once deleted text begin every deleted text end new text begin each new text end third calendar day.

Sec. 28.

Minnesota Statutes 2014, section 97C.005, subdivision 3, is amended to read:

Subd. 3.

Seasons, limits, and other rules.

new text begin (a) new text end The commissioner may, in
accordance with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under
chapter 14, establish open seasons, limits, methods, and other requirements for taking fish
on special management waters.

new text begin (b) new text end The commissioner may, by written order published in the State Register, amend
daily, possession, or size limits to make deleted text begin midseason deleted text end adjustments based on available harvest,
angling pressure, and population data to manage the fisheries in new text begin :
new text end

new text begin (1) new text end the 1837 Ceded Territory in compliance with the court orders in Mille Lacs Band
of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) the state-managed waters of Upper Red Lake.
new text end

new text begin (c) new text end The deleted text begin midseason deleted text end adjustments in daily, possession, or size limits new text begin under paragraph
(b) new text end are not subject to the rulemaking provisions of chapter 14 and section 14.386 does
not apply. Before the written order is effective, the commissioner shall attempt to notify
persons or groups of persons affected by the written order by public announcement,
posting, and other appropriate means as determined by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29.

Minnesota Statutes 2014, section 97C.301, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Minnow dealers. new text end

new text begin (a) A minnow dealer licensee and helpers listed on
the minnow dealer's license must have an angling license in addition to the required
minnow dealer's licenses.
new text end

new text begin (b) Employees of the minnow dealer who take or assist in taking minnows must
have an angling license.
new text end

new text begin (c) This subdivision does not apply to persons specifically authorized in law to take
fish by angling without an angling license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 30.

Minnesota Statutes 2014, section 97C.345, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Cast nets for gizzard shad. new text end

new text begin (a) Cast nets may be used only to take
gizzard shad for use as bait for angling:
new text end

new text begin (1) from July 1 to November 30; and
new text end

new text begin (2) from the Mississippi River downstream of St. Anthony Falls and the St.
Croix River downstream of the dam at Taylors Falls, including portions described as
Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart
1, items A and B, that are listed as infested waters as allowed under section 84D.03,
subdivision 3.
new text end

new text begin (b) Cast nets used under this subdivision must be monofilament and may not exceed
seven feet in diameter, and mesh size must be from three-eighths to five-eighths inch bar
measure.
new text end

new text begin (c) This subdivision expires December 1, 2017. The commissioner must report
to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources by March 1, 2018,
on the number of permits issued, conservation impacts from the use of cast nets, and
recommendations for any necessary changes in statutes or rules.
new text end

Sec. 31.

Minnesota Statutes 2014, section 97C.501, subdivision 2, is amended to read:

Subd. 2.

Minnow dealers.

(a) A person may not be a minnow dealer without a
minnow dealer license except as provided in subdivision 3.

(b) A minnow dealer must obtain a minnow dealer's vehicle license for each motor
vehicle used to transport minnows. The serial number, motor vehicle license number,
make, and model must be on the license. The license must be conspicuously displayed
in the vehicle.

(c) A minnow dealer may not transport minnows out of the state without an
exporting minnow dealer license. A minnow dealer must obtain an exporting minnow
dealer's vehicle license for each motor vehicle used to transport minnows out of the state.
The serial number, motor vehicle license number, make, and model must be on the license.
The license must be conspicuously displayed in the vehicle.

(d) A person with a minnow dealer's license may sell minnows at one retail outlet.
A minnow dealer must obtain a minnow retailer license for each additional retail outlet
operated. A minnow dealer operating a retail outlet under a minnow dealer's license must
list the following information for the retail outlet: name of the business; city; state; zip
code; and legal description or fire number. The retail outlet name and location may be
changed by making application to the commissioner.

new text begin (e) A minnow dealer may designate employees as helpers who are authorized to
take, buy, sell, and transport minnows on behalf of the minnow dealer. The employees
designated as helpers must be listed on the minnow dealer's license, and a copy of the
license designating the employee as a helper must be in the helper's possession when
acting on behalf of the minnow dealer. The minnow dealer may add and delete helpers
listed on the dealer's license within a license year by notifying the commissioner in writing
of the change to the license. Employees who are acting under the direction and control of
the minnow dealer but who are not designated as helpers may not buy or sell minnows on
behalf of the minnow dealer. This paragraph does not apply to employees selling minnows
at the retail outlet location under paragraph (d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2016.
new text end

Sec. 32. new text begin RULEMAKING; LIFTING SPEARING BANS AND NORTHERN PIKE
REGULATIONS.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, parts
6262.0575, subpart 9, and 6264.0400, subparts 70 and 72, to delete the language
prohibiting spearing.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 97C.007, the commissioner of
natural resources shall amend Minnesota Rules, part 6264.0400, subpart 71, to delete the
language prohibiting spearing and modify the northern pike protected slot to 26 to 40 inches.
new text end

new text begin (c) 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 33. new text begin REFUNDS; YOUTH BEAR LICENSES.
new text end

new text begin The commissioner of natural resources may issue refunds for youth bear licenses
that were purchased between August 1, 2013, and June 30, 2014, to individuals who were
10, 11, or 12 years old at the time of purchase.
new text end

Sec. 34. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall eliminate the term "conibear" or "conibear-type"
wherever the term appears in Minnesota Statutes and Minnesota Rules and make
conforming grammatical changes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 97A.475, subdivision 25; and 97B.905,
subdivision 3, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 6264.0400, subparts 27 and 28, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective July 1, 2015.
new text end