SF 2203

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; modifying deer hunting 
  1.3             provisions and fees; modifying restriction on 
  1.4             importation of cervidae carcasses; modifying 
  1.5             restrictions on the transport of game birds; 
  1.6             clarifying validity of firearms safety certificates 
  1.7             issued to youth; modifying turtle license 
  1.8             requirements; eliminating prohibition on the use of 
  1.9             vehicles for trapping beaver and otter; modifying 
  1.10            waterfowl refuge provisions; providing for suspension 
  1.11            of game and fish license and permit privileges under 
  1.12            certain conditions; modifying shooting hours for 
  1.13            migratory game birds; authorizing a season on mourning 
  1.14            doves; prohibiting taking albino deer; modifying 
  1.15            certain game license provisions; requiring public 
  1.16            education efforts regarding lead tackle; authorizing 
  1.17            grants; providing for the issuance of a moose hunting 
  1.18            license under certain conditions; providing for a 
  1.19            quality deer management pilot zone; requiring reports; 
  1.20            amending Minnesota Statutes 2002, sections 97A.015, 
  1.21            subdivision 24; 97A.085, subdivisions 2, 3, 4; 
  1.22            97A.095, subdivisions 1, 2, 4; 97A.420, subdivision 4; 
  1.23            97A.421, by adding a subdivision; 97A.435, subdivision 
  1.24            4, by adding a subdivision; 97A.475, subdivision 20, 
  1.25            by adding a subdivision; 97A.545, subdivision 5; 
  1.26            97B.015, subdivision 5; 97B.075; 97B.301, subdivisions 
  1.27            6, 7; 97B.601, subdivision 3, by adding a subdivision; 
  1.28            97B.721; 97B.901; Minnesota Statutes 2003 Supplement, 
  1.29            sections 97A.475, subdivisions 2, 3; 97A.505, 
  1.30            subdivision 8; 97B.311; 97C.605, subdivision 2c; 
  1.31            proposing coding for new law in Minnesota Statutes, 
  1.32            chapter 97C; repealing Minnesota Statutes 2002, 
  1.33            section 97B.731, subdivision 2. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35     Section 1.  Minnesota Statutes 2002, section 97A.015, 
  1.36  subdivision 24, is amended to read: 
  1.37     Subd. 24.  [GAME BIRDS.] "Game birds" means migratory 
  1.38  waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 
  1.39  spruce grouse, prairie chickens, gray partridge, bob-white 
  2.1   quail, turkeys, coots, gallinules, sora and Virginia 
  2.2   rails, mourning dove, American woodcock, and common snipe. 
  2.3      Sec. 2.  Minnesota Statutes 2002, section 97A.085, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [ESTABLISHMENT BY COMMISSIONER.] The commissioner 
  2.6   may designate a contiguous area of at least 640 acres as a game 
  2.7   refuge if more than 50 percent of the area is in public 
  2.8   ownership.  The game refuge must be a contiguous area of at 
  2.9   least 640 acres unless it borders or includes a marsh, or other 
  2.10  body of water or watercourse suitable for wildlife habitat. 
  2.11     Sec. 3.  Minnesota Statutes 2002, section 97A.085, 
  2.12  subdivision 3, is amended to read: 
  2.13     Subd. 3.  [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The 
  2.14  commissioner may designate a land area or portion of a land area 
  2.15  described in a petition as a game refuge.  The petition must be 
  2.16  signed by the owner, the lessee, or the person in possession of 
  2.17  each tract in the area.  A certificate of the auditor of the 
  2.18  county where the lands are located must accompany the petition 
  2.19  stating that the persons named in the petition are the owners, 
  2.20  lessees, or persons in possession of all of the land described 
  2.21  according to the county records.  The game refuge must be a 
  2.22  contiguous area of at least 640 acres unless it borders or 
  2.23  includes a marsh, or other body of water or watercourse suitable 
  2.24  for wildlife habitat. 
  2.25     Sec. 4.  Minnesota Statutes 2002, section 97A.085, 
  2.26  subdivision 4, is amended to read: 
  2.27     Subd. 4.  [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.] 
  2.28  The commissioner may designate as a game refuge public waters or 
  2.29  a contiguous area of at least 640 acres, described in a 
  2.30  petition, signed by 50 or more residents of the county where the 
  2.31  public waters or area is located.  The game refuge must be a 
  2.32  contiguous area of at least 640 acres unless it borders or 
  2.33  includes a marsh, or other body of water or watercourse suitable 
  2.34  for wildlife habitat.  The game refuge may be designated only if 
  2.35  the commissioner finds that protected wild animals are depleted 
  2.36  and are in danger of extermination, or that it will best serve 
  3.1   the public interest.  
  3.2      Sec. 5.  Minnesota Statutes 2002, section 97A.095, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [MIGRATORY WATERFOWL REFUGES SANCTUARY.] 
  3.5   The commissioner shall may designate by rule any part of a state 
  3.6   game refuge or any part of a public water that is designated for 
  3.7   management purposes under section 97A.101, subdivision 2, as a 
  3.8   migratory waterfowl refuge sanctuary if there is presented to 
  3.9   the commissioner a petition signed by ten resident licensed 
  3.10  hunters describing an area that is primarily a migratory 
  3.11  waterfowl refuge.  The commissioner shall post the area as a 
  3.12  migratory waterfowl refuge sanctuary.  A person may not enter a 
  3.13  posted migratory waterfowl refuge sanctuary during the open 
  3.14  migratory waterfowl season unless accompanied by or under a 
  3.15  permit issued by a conservation officer or game refuge wildlife 
  3.16  manager.  Upon a request from a private landowner within a 
  3.17  migratory waterfowl refuge sanctuary, an annual permit must be 
  3.18  issued to provide access to the property during the waterfowl 
  3.19  season.  The permit shall include conditions that allow no 
  3.20  activity which would disturb waterfowl using the refuge during 
  3.21  the waterfowl season. 
  3.22     Sec. 6.  Minnesota Statutes 2002, section 97A.095, 
  3.23  subdivision 2, is amended to read: 
  3.24     Subd. 2.  [WATERFOWL FEEDING AND RESTING AREAS.] The 
  3.25  commissioner may, by rule, designate any part of a lake as a 
  3.26  migratory feeding or and resting area.  Before designation, the 
  3.27  commissioner must receive a petition signed by at least ten 
  3.28  local resident licensed hunters describing the area of a lake 
  3.29  that is a substantial feeding or resting area for migratory 
  3.30  waterfowl, and find that the statements in the petition are 
  3.31  correct, and that adequate, free public access to the lake 
  3.32  exists near the designated area.  The commissioner shall post 
  3.33  the area as a migratory waterfowl feeding and resting area.  
  3.34  Except as authorized in rules adopted by the commissioner, a 
  3.35  person may not enter a posted migratory waterfowl feeding and 
  3.36  resting area, during a period when hunting of migratory 
  4.1   waterfowl is allowed, with watercraft or aircraft propelled by a 
  4.2   motor, other than an electric motor of less than 30 pounds 
  4.3   thrust.  The commissioner may, by rule, further restrict the use 
  4.4   of electric motors in migratory waterfowl feeding and resting 
  4.5   areas. 
  4.6      Sec. 7.  Minnesota Statutes 2002, section 97A.095, 
  4.7   subdivision 4, is amended to read: 
  4.8      Subd. 4.  [SWAN LAKE MIGRATORY WATERFOWL REFUGE SANCTUARY.] 
  4.9   The land described in Laws 1999, chapter 81, section 2, is 
  4.10  designated Swan Lake migratory waterfowl refuge sanctuary under 
  4.11  subdivision 1. 
  4.12     Sec. 8.  Minnesota Statutes 2002, section 97A.420, 
  4.13  subdivision 4, is amended to read: 
  4.14     Subd. 4.  [HEARING.] (a) A hearing under subdivision 3 must 
  4.15  be before a district court judge in the county where the 
  4.16  incident occurred giving rise to the license seizure.  The 
  4.17  hearing must be to the court and may be conducted at the same 
  4.18  time as hearings upon pretrial motions in a related criminal 
  4.19  prosecution.  The commissioner must be represented by the county 
  4.20  attorney. 
  4.21     (b) The hearing must be held at the earliest practicable 
  4.22  date and in any event no later than 60 days following the filing 
  4.23  of the petition for review. 
  4.24     (c) The scope of the hearing must be limited to the issue 
  4.25  of whether there is probable cause to believe that the person 
  4.26  violated section 97A.338 had unlawfully taken, possessed, or 
  4.27  transported wild animals with a restitution value over $500. 
  4.28     (d) The court shall order that the license seizure be 
  4.29  either sustained or rescinded.  Within 14 days following the 
  4.30  hearing, the court shall forward a copy of the order to the 
  4.31  commissioner. 
  4.32     (e) Any party aggrieved by the decision of the reviewing 
  4.33  court may appeal the decision as provided in the Rules of Civil 
  4.34  Appellate Procedure. 
  4.35     Sec. 9.  Minnesota Statutes 2002, section 97A.421, is 
  4.36  amended by adding a subdivision to read: 
  5.1      Subd. 4a.  [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO 
  5.2   PAY A FINE OR SURCHARGE.] When a court reports to the 
  5.3   commissioner that a person (1) has failed to appear in court 
  5.4   under the summons issued for a violation of the game and fish 
  5.5   laws or (2) has been convicted of violating a provision of the 
  5.6   game and fish laws, has been sentenced to the payment of a fine 
  5.7   or had a surcharge levied against them, and refused or failed to 
  5.8   comply with that sentence or to pay the fine or surcharge, the 
  5.9   commissioner shall suspend the game and fish license and permit 
  5.10  privileges of the person until notified by the court that the 
  5.11  person has appeared in court under clause (1) or that any fine 
  5.12  or surcharge due the court has been paid under clause (2). 
  5.13     Sec. 10.  Minnesota Statutes 2002, section 97A.435, 
  5.14  subdivision 4, is amended to read: 
  5.15     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  5.16  The commissioner may conduct a separate selection for up to 20 
  5.17  percent of the turkey licenses to be issued for any area.  Only 
  5.18  persons who are owners or tenants of and who live on at least 40 
  5.19  acres of agricultural or grazing land in the area, and their 
  5.20  family members, are eligible applicants for turkey licenses for 
  5.21  the separate selection.  The qualifying agricultural or grazing 
  5.22  land may be noncontiguous.  Persons who are unsuccessful in a 
  5.23  separate selection must be included in the selection for the 
  5.24  remaining licenses.  Persons who obtain a license in a separate 
  5.25  selection must allow public turkey hunting on their land during 
  5.26  that turkey season.  A license issued under this subdivision is 
  5.27  restricted to the land owned or leased by the holder of the 
  5.28  license within the permit area where the qualifying land is 
  5.29  located. 
  5.30     (b) The commissioner may by rule establish criteria for 
  5.31  determining eligible family members under this subdivision. 
  5.32     Sec. 11.  Minnesota Statutes 2002, section 97A.435, is 
  5.33  amended by adding a subdivision to read: 
  5.34     Subd. 5.  [SPRING SEASON.] (a) A person who has not applied 
  5.35  for a turkey license through the lottery or applied for a 
  5.36  license and was unsuccessful in the lottery, may purchase a 
  6.1   turkey hunting license to hunt by archery for the spring turkey 
  6.2   season during a combined seventh and eighth time period.  A 
  6.3   turkey hunting license under this subdivision is separate from 
  6.4   the normal lottery process and is effective for hunting only in 
  6.5   a wild turkey permit area in the state where 50 or more licenses 
  6.6   are issued during an established time period. 
  6.7      (b) Turkey lottery preference points shall not be reduced 
  6.8   for a person purchasing a license under this subdivision. 
  6.9      (c) A person may take only one bearded turkey in a spring 
  6.10  turkey season regardless whether the hunter purchased a license 
  6.11  through the lottery system or as provided in this subdivision. 
  6.12     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  6.13  97A.475, subdivision 2, is amended to read: 
  6.14     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  6.15  licenses, to be issued to residents only, are: 
  6.16     (1) for persons age 18 or over and under age 65 to take 
  6.17  small game, $12.50; 
  6.18     (2) for persons ages 16 and 17 and age 65 or over, $6 to 
  6.19  take small game; 
  6.20     (3) to take turkey, $18; 
  6.21     (4) for persons age 16 18 or over to take deer with 
  6.22  firearms, $26; 
  6.23     (5) for persons age 16 18 or over to take deer by archery, 
  6.24  $26; 
  6.25     (6) to take moose, for a party of not more than six 
  6.26  persons, $310; 
  6.27     (7) to take bear, $38; 
  6.28     (8) to take elk, for a party of not more than two persons, 
  6.29  $250; 
  6.30     (9) to take antlered deer in more than one zone, $52; 
  6.31     (10) to take Canada geese during a special season, $4; 
  6.32     (11) to take two deer throughout the state in any open deer 
  6.33  season, except as restricted under section 97B.305, $78; 
  6.34     (12) to take prairie chickens, $20; 
  6.35     (13) for persons at least age 12 and under age 16 18 to 
  6.36  take deer with firearms, $13; and 
  7.1      (14) for persons at least age 12 and under age 16 18 to 
  7.2   take deer by archery, $13. 
  7.3      Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  7.4   97A.475, subdivision 3, is amended to read: 
  7.5      Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
  7.6   licenses, to be issued to nonresidents, are: 
  7.7      (1) to take small game, $73; 
  7.8      (2) to take deer with firearms, $135; 
  7.9      (3) to take deer by archery, the greater of: 
  7.10     (i) an amount equal to the total amount of license fees and 
  7.11  surcharges charged to a Minnesota resident to take deer by 
  7.12  archery in the person's state or province of residence; or 
  7.13     (ii) $135; 
  7.14     (4) to take bear, $195; 
  7.15     (5) to take turkey, $73; 
  7.16     (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 
  7.17     (7) to take antlered deer in more than one zone, $270; and 
  7.18     (8) to take Canada geese during a special season, $4. 
  7.19     Sec. 14.  Minnesota Statutes 2002, section 97A.475, 
  7.20  subdivision 20, is amended to read: 
  7.21     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
  7.22  trap fur-bearing animals is: 
  7.23     (1) for persons residents over age 13 and under age 18, $6; 
  7.24  and 
  7.25     (2) for persons residents age 18 and older, $20; and 
  7.26     (3) for nonresidents, $73.  
  7.27     Sec. 15.  Minnesota Statutes 2002, section 97A.475, is 
  7.28  amended by adding a subdivision to read: 
  7.29     Subd. 25a.  [LIVE BAIT RETAILER.] The fee for a live bait 
  7.30  retailer license is $15. 
  7.31     Sec. 16.  Minnesota Statutes 2003 Supplement, section 
  7.32  97A.505, subdivision 8, is amended to read: 
  7.33     Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED CERVIDAE.] 
  7.34  Importation into Minnesota of hunter-harvested cervidae 
  7.35  carcasses from known chronic wasting disease endemic areas, as 
  7.36  determined by the Board of Animal Health, is prohibited except 
  8.1   for cut and wrapped meat, quarters or other portions of meat 
  8.2   with no part of the spinal column or head attached, antlers, 
  8.3   hides, teeth, finished taxidermy mounts, and antlers attached to 
  8.4   skull caps that are cleaned of all brain 
  8.5   tissue.  Hunter-harvested cervidae carcasses taken from chronic 
  8.6   wasting disease endemic areas outside of Minnesota may be 
  8.7   transported on a direct route through the state by nonresidents. 
  8.8      Sec. 17.  Minnesota Statutes 2002, section 97A.545, 
  8.9   subdivision 5, is amended to read: 
  8.10     Subd. 5.  [BIRDS MUST BE IN UNDRESSED CONDITION; 
  8.11  EXCEPTIONS.] (a) Except as provided in paragraph (b), a person 
  8.12  may ship or otherwise transport game birds in an undressed 
  8.13  condition only. 
  8.14     (b) Paragraph (a) does not apply if the birds being shipped 
  8.15  or otherwise transported: 
  8.16     (1) were taken on a shooting preserve and are marked or 
  8.17  identified in accordance with section 97A.121, subdivision 5; or 
  8.18     (2) were taken, dressed, and lawfully shipped or otherwise 
  8.19  transported in another state; or 
  8.20     (3) are migratory game birds that were lawfully tagged and 
  8.21  packed by a federally permitted migratory bird preservation 
  8.22  facility. 
  8.23     Sec. 18.  Minnesota Statutes 2002, section 97B.015, 
  8.24  subdivision 5, is amended to read: 
  8.25     Subd. 5.  [FIREARMS SAFETY CERTIFICATE.] The commissioner 
  8.26  shall issue a firearms safety certificate to a person that 
  8.27  satisfactorily completes the required course of instruction.  A 
  8.28  certificate may not be issued to a person under age 12.  A 
  8.29  person that is must be at least age 11 may to take the firearms 
  8.30  safety course and may receive a firearms safety certificate, but 
  8.31  the certificate is not valid until the person is at least age 
  8.32  12.  A firearms safety certificate issued to a person under age 
  8.33  12 by another state as provided in section 97B.020 is not valid 
  8.34  in Minnesota until the person reaches age 12.  The form and 
  8.35  content of the firearms safety certificate shall be prescribed 
  8.36  by the commissioner.  
  9.1      Sec. 19.  Minnesota Statutes 2002, section 97B.075, is 
  9.2   amended to read: 
  9.3      97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.] 
  9.4      (a) A person may not take protected wild animals, except 
  9.5   raccoon and fox, with a firearm between the evening and morning 
  9.6   times established by commissioner's rule, except as provided in 
  9.7   this section. 
  9.8      (b) Big game may be taken from one-half hour before sunrise 
  9.9   until one-half hour after sunset, and,. 
  9.10     (c) Except as otherwise prescribed by the commissioner 
  9.11  during the first eight days of the season before the Saturday 
  9.12  nearest October 8, until January 1, 2001, waterfowl may be taken 
  9.13  from one-half hour before sunrise until sunset during the entire 
  9.14  season prescribed by the commissioner.  On the opening day of 
  9.15  the duck season, shooting hours for migratory game birds, except 
  9.16  woodcock, begin at 9:00 a.m.  
  9.17     Sec. 20.  Minnesota Statutes 2002, section 97B.301, 
  9.18  subdivision 6, is amended to read: 
  9.19     Subd. 6.  [RESIDENTS UNDER AGE 16 18 MAY TAKE DEER OF 
  9.20  EITHER SEX.] A resident under the age of 16 18 may take a deer 
  9.21  of either sex except in those antlerless permit areas and 
  9.22  seasons where no antlerless permits are offered.  In antlerless 
  9.23  permit areas where no antlerless permits are offered, the 
  9.24  commissioner may provide a limited number of youth either sex 
  9.25  permits to residents under age 16 18, under the procedures 
  9.26  provided in section 97B.305, and may give preference to 
  9.27  residents under the age of 16 18 that have not previously been 
  9.28  selected.  This subdivision does not authorize the taking of an 
  9.29  antlerless deer by another member of a party under subdivision 3.
  9.30     Sec. 21.  Minnesota Statutes 2002, section 97B.301, 
  9.31  subdivision 7, is amended to read: 
  9.32     Subd. 7.  [ALL SEASON DEER LICENSE.] (a) A resident may 
  9.33  obtain an all season deer license.  This license authorizes the 
  9.34  resident to take one buck by firearm or archery during any 
  9.35  season statewide.  In addition, a resident obtaining this 
  9.36  license may take one antlerless deer: 
 10.1      (1) by firearms in the regular firearms season if the 
 10.2   resident first obtains an antlerless deer permit or if the 
 10.3   resident takes the antlerless deer in an area where the 
 10.4   commissioner has authorized taking a deer of either sex without 
 10.5   an antlerless permit; 
 10.6      (2) by archery in the archery season; or 
 10.7      (3) by muzzleloader in the muzzleloader season. 
 10.8      (b) A person obtaining an all season deer license does not 
 10.9   qualify for hunting under subdivision 3.  The commissioner shall 
 10.10  issue one tag for a buck and one tag for an antlerless deer when 
 10.11  issuing a license under this subdivision. 
 10.12     Sec. 22.  Minnesota Statutes 2003 Supplement, section 
 10.13  97B.311, is amended to read: 
 10.14     97B.311 [DEER SEASONS AND RESTRICTIONS.] 
 10.15     Subdivision 1.  [RULEMAKING.] (a) The commissioner may, by 
 10.16  rule, prescribe restrictions and designate areas where deer may 
 10.17  be taken, including hunter selection criteria for special hunts 
 10.18  established under section 97A.401, subdivision 4.  The 
 10.19  commissioner may, by rule, prescribe the open seasons for deer 
 10.20  within the following periods: 
 10.21     (1) taking with firearms, other than muzzle-loading 
 10.22  firearms, between November 1 and December 15; 
 10.23     (2) taking with muzzle-loading firearms between September 1 
 10.24  and December 31; and 
 10.25     (3) taking by archery between September 1 and December 31. 
 10.26     (b) Notwithstanding paragraph (a), the commissioner may 
 10.27  establish special seasons within designated areas at any time of 
 10.28  year. 
 10.29     Subd. 2.  [ALBINO DEER PROTECTED.] A person may not take an 
 10.30  albino deer. 
 10.31     Sec. 23.  Minnesota Statutes 2002, section 97B.601, 
 10.32  subdivision 3, is amended to read: 
 10.33     Subd. 3.  [NONRESIDENTS:  RACCOON, BOBCAT, FOX, COYOTE, 
 10.34  CANADA LYNX.] A nonresident may not take raccoon, bobcat, fox, 
 10.35  coyote, or Canada lynx by firearms without a separate license to 
 10.36  take that animal in addition to a small game license.  
 11.1      Sec. 24.  Minnesota Statutes 2002, section 97B.601, is 
 11.2   amended by adding a subdivision to read: 
 11.3      Subd. 3a.  [NONRESIDENTS; TRAPPING SMALL GAME.] A 
 11.4   nonresident may take small game by trapping only on land owned 
 11.5   by the nonresident, if the nonresident possesses a trapping 
 11.6   license and a small game license. 
 11.7      Sec. 25.  Minnesota Statutes 2002, section 97B.721, is 
 11.8   amended to read: 
 11.9      97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
 11.10  TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
 11.11     (a) Except as provided in paragraph (b) or section 97A.405, 
 11.12  subdivision 2, a person may not take a turkey without possessing 
 11.13  a turkey license and a turkey stamp validation.  
 11.14     (b) The requirement in paragraph (a) to have a turkey stamp 
 11.15  validation does not apply to persons under age 18.  An 
 11.16  unlicensed adult age 18 or older may assist a licensed wild 
 11.17  turkey hunter under the age of 16.  The unlicensed adult may not 
 11.18  shoot or possess a firearm or bow while assisting a youth under 
 11.19  this paragraph. 
 11.20     (c) The commissioner may by rule prescribe requirements for 
 11.21  the tagging and registration of turkeys. 
 11.22     Sec. 26.  Minnesota Statutes 2002, section 97B.901, is 
 11.23  amended to read: 
 11.24     97B.901 [REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.] 
 11.25     (a) The commissioner may, by rule, require persons taking, 
 11.26  possessing, and transporting fur-bearing animals to tag the 
 11.27  animals.  The commissioner shall prescribe the manner of 
 11.28  issuance and the type of tag, which must show the year of 
 11.29  issuance.  The commissioner shall issue the tag, without a fee, 
 11.30  upon request. 
 11.31     (b) The pelt of each bobcat, fisher, pine marten, and otter 
 11.32  must be presented, by the person taking it, to a state wildlife 
 11.33  manager designee for registration before the pelt is sold and 
 11.34  before the pelt is transported out of the state, but in no event 
 11.35  more than 48 hours after the season closes for the species.  
 11.36  Until March 1, 2003, a possession or site tag is not required 
 12.1   prior to registration of the fisher, pine marten, or otter. 
 12.2      Sec. 27.  [97C.392] [SELLING LIVE BAIT.] 
 12.3      Subdivision 1.  [LICENSE REQUIRED.] A person may not sell 
 12.4   live bait at retail without a live bait retailer license.  A 
 12.5   person must purchase a live bait retailer license for each live 
 12.6   bait retail outlet operated. 
 12.7      Subd. 2.  [LICENSE APPLICATION.] (a) An applicant for a 
 12.8   live bait retailer license must give the business name and 
 12.9   address for the retail outlet.  The address must include a 
 12.10  street address or fire number. 
 12.11     (b) The retail outlet name and location may be changed for 
 12.12  licensing purposes upon application to the commissioner. 
 12.13     Subd. 3.  [EXEMPTIONS.] This section does not apply to: 
 12.14     (1) a person who possesses a minnow retailer or dealer 
 12.15  license; or 
 12.16     (2) a resident under age 18 who does not buy bait for 
 12.17  resale. 
 12.18     Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 12.19  97C.605, subdivision 2c, is amended to read: 
 12.20     Subd. 2c.  [LICENSE EXEMPTIONS.] A person does not need a 
 12.21  turtle seller's license or an angling license: 
 12.22     (1) when buying turtles for resale at a retail outlet; 
 12.23     (2) when buying a turtle at a retail outlet; 
 12.24     (3) if the person is a nonresident buying a turtle from a 
 12.25  licensed turtle seller for export out of state.  Shipping 
 12.26  documents provided by the turtle seller must accompany each 
 12.27  shipment exported out of state by a nonresident.  Shipping 
 12.28  documents must include:  name, address, city, state, and zip 
 12.29  code of the buyer; number of each species of turtle; and name 
 12.30  and license number of the turtle seller; or 
 12.31     (4) to take, possess, and rent or sell up to 25 
 12.32  turtles greater than four inches in length for the purpose of 
 12.33  providing the turtles to participants at a nonprofit turtle 
 12.34  race, if the person is a resident under age 18.  The person is 
 12.35  responsible for the well-being of the turtles. 
 12.36     Sec. 29.  [ISSUANCE OF MOOSE LICENSE.] 
 13.1      The commissioner of natural resources shall issue a moose 
 13.2   license for the 2004 hunting season to a resident who is 70 
 13.3   years of age or older and who has applied for a moose license 
 13.4   for at least nine seasons since 1985, but has never received a 
 13.5   moose license.  The license shall be valid for a party of up to 
 13.6   three additional individuals chosen by the resident in the open 
 13.7   zone chosen by the resident. 
 13.8      Sec. 30.  [REPORT.] 
 13.9      By January 15, 2006, the commissioner shall report to the 
 13.10  chairs of the senate and house committees having jurisdiction 
 13.11  over natural resources policy, evaluating the impacts of the 
 13.12  change in shooting hours, including harvest success and the 
 13.13  effect on local waterfowl populations. 
 13.14     Sec. 31.  [REPORTS AND COOPERATIVE EFFORTS REGARDING LEAD 
 13.15  FISHING TACKLE.] 
 13.16     Subdivision 1.  [MULTIJURISDICTIONAL COOPERATION FOR LEAD 
 13.17  TACKLE RESTRICTIONS AND EDUCATION.] In order to promote 
 13.18  consistent, nationally applicable regulations and education, the 
 13.19  commissioner of natural resources shall coordinate and 
 13.20  participate in efforts to promote national laws and educational 
 13.21  programs regarding lead fishing tackle.  The commissioner may 
 13.22  participate with other jurisdictions, including federal, state 
 13.23  and international governments, in activities under this 
 13.24  subdivision, including advocacy for uniform laws, educational 
 13.25  efforts, and the creation of incentives to use nonlead tackle.  
 13.26  The commissioner may solicit and involve tackle manufacturers, 
 13.27  conservation organizations, and fishing associations in 
 13.28  cooperative efforts under this subdivision. 
 13.29     Subd. 2.  [LEAD TACKLE AWARENESS AND PUBLIC EDUCATION.] The 
 13.30  commissioner of natural resources and the director of the Office 
 13.31  of Environmental Assistance shall provide public education 
 13.32  regarding concerns about lead fishing tackle and promote the 
 13.33  availability of nonlead fishing tackle. 
 13.34     Sec. 32.  [GRANTS.] 
 13.35     The director of the Office of Environmental Assistance, in 
 13.36  consultation with the commissioner of natural resources, may 
 14.1   make grants under Minnesota Statutes, sections 115A.152 and 
 14.2   115D.04, to generators, conservation organizations, and angler 
 14.3   associations to assist in reducing the use of lead fishing 
 14.4   tackle, including grants for educational activities. 
 14.5      Sec. 33.  [REPORT.] 
 14.6      By March 1, 2005, the commissioner shall report to the 
 14.7   house and senate policy committees with jurisdiction over 
 14.8   natural resources on the results of the mourning dove season 
 14.9   authorized by this act.  The report must include a description 
 14.10  of the impact of the season on the mourning dove population in 
 14.11  the state. 
 14.12     Sec. 34.  [QUALITY DEER MANAGEMENT PILOT ZONE; YOUTH EARLY 
 14.13  SEASON FIREARMS DEER HUNT.] 
 14.14     (a) The commissioner of natural resources may establish a 
 14.15  quality deer management pilot zone, under Minnesota Statutes, 
 14.16  section 97B.311, consisting of Kittson, Lake of the Woods, 
 14.17  Marshall, Pennington, and Roseau Counties.  A person age 18 or 
 14.18  older may not take an antlered deer by firearms in the quality 
 14.19  deer management pilot zone with antlers that: 
 14.20     (1) are less than the width of the ears when the ears are 
 14.21  fully extended; and 
 14.22     (2) have fewer than four points on one side. 
 14.23     (b) The commissioner shall establish an early season 
 14.24  two-day, special firearms deer season, under Minnesota Statutes, 
 14.25  section 97B.112, for youth residents that are at least age 12 
 14.26  and under age 15 to take an antlerless deer in Kittson, Lake of 
 14.27  the Woods, Marshall, Pennington, and Roseau Counties.  The 
 14.28  two-day special season shall be established on the weekend 
 14.29  following the third Thursday in October. 
 14.30     (c) A violation related to antler size in the quality deer 
 14.31  management zone is not a crime and shall not result in a 
 14.32  penalty, but is punishable only by a warning. 
 14.33     (d) If a quality deer management pilot zone is established, 
 14.34  the commissioner shall annually report to the senate and house 
 14.35  of representatives committees with jurisdiction over natural 
 14.36  resource policy on the quality deer management pilot zone.  The 
 15.1   report must include information on the number of antlered deer 
 15.2   taken in the quality deer management pilot zone and estimates of 
 15.3   the antlered deer population in the zone, including the quality 
 15.4   of the population. 
 15.5      (e) This section expires on December 31, 2008. 
 15.6      Sec. 35.  [REPEALER.] 
 15.7      Minnesota Statutes 2002, section 97B.731, subdivision 2, is 
 15.8   repealed.