Bill Text: MN SF796 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus game and fish bill
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 121 [SF796 Detail]
Download: Minnesota-2013-SF796-Engrossed.html
Bill Title: Omnibus game and fish bill
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 121 [SF796 Detail]
Download: Minnesota-2013-SF796-Engrossed.html
1.2relating to natural resources; modifying game and fish laws; modifying
1.3trespassing laws; providing for certain license seizure; modifying fees;
1.4modifying invasive species laws; modifying watercraft provisions; creating
1.5a Minnesota-Wisconsin Boundary Area Invasive Species Commission;
1.6modifying exemptions for the Minnesota Zoological Garden; providing for
1.7a special local law in six counties to protect surface water and groundwater;
1.8requiring rulemaking; appropriating money;amending Minnesota Statutes 2012,
1.9sections 84.027, subdivision 13, by adding subdivisions; 84D.01, subdivision
1.1015a; 84D.03, subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105,
1.11subdivision 2; 84D.11, by adding subdivisions; 84D.13, subdivision 2, by adding
1.12a subdivision; 85A.02, subdivision 10; 86B.005, subdivision 18, by adding
1.13subdivisions; 86B.13, by adding a subdivision; 86B.301, subdivision 2; 86B.501,
1.14subdivision 1; 86B.825, subdivision 2; 97A.051, subdivision 2; 97A.135,
1.15subdivision 3; 97A.420, subdivision 1; 97A.441, subdivision 6; 97A.445,
1.16subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision;
1.1797A.475, subdivisions 2, 3, 8; 97A.485, subdivision 6; 97B.001, subdivisions
1.183, 4; 97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.071;
1.1997B.112; 97C.341; 97C.345, subdivisions 1, 2; 97C.376, subdivisions 1, 2, 3;
1.20103G.271, by adding a subdivision; proposing coding for new law in Minnesota
1.21Statutes, chapters 84D; 103G; repealing Minnesota Statutes 2012, sections
1.2284D.01, subdivision 22; 97A.451, subdivision 4a; 97C.346.
1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.24 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
1.25 Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
1.26adopt rules under sections97A.0451 to
97A.0459 and this subdivision that are authorized
1.27under:
1.28(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.29areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.30prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
2.1disease, to open or close bodies of water or portions of bodies of water for night bow
2.2fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.3(2) sections84.093 ,
84.15 , and
84.152 to set seasons for harvesting wild ginseng
2.4roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.5(3) section84D.12 to designate prohibited invasive species, regulated invasive
2.6species, unregulated nonnative species, and infested waters.
2.7(b) If conditions exist that do not allow the commissioner to comply with sections
2.897A.0451
to
97A.0459 , including the need to adjust season variables on an annual basis
2.9based upon current biological and harvest data, the commissioner may adopt a rule under
2.10this subdivision by submitting the rule to the attorney general for review under section
2.1197A.0455
, publishing a notice in the State Register and filing the rule with the secretary
2.12of state and the Legislative Coordinating Commission, and complying with section
2.1397A.0459
, and including a statement of the emergency conditions and a copy of the rule
2.14in the notice. Theemergency conditions for opening a water body or portion of a water
2.15body for night bow fishing under this section may include the need to temporarily open
2.16the area to evaluate compatibility of the activity on that body of water prior to permanent
2.17rulemaking. The notice may be published after it is received from the attorney general or
2.18five business days after it is submitted to the attorney general, whichever is earlier.
2.19(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.20Register and may be effective up to seven days before publishing and filing under
2.21paragraph (b), if:
2.22(1) the commissioner of natural resources determines that an emergency exists;
2.23(2) the attorney general approves the rule; and
2.24(3) for a rule that affects more than three counties the commissioner publishes the
2.25rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.26rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.27newspaper in each of the affected counties.
2.28(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.29(3), may not be effective earlier than seven days after publication.
2.30(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.31rule is published if the commissioner gives notice and holds a public hearing on the rule
2.32within 15 days before publication.
2.33(f) The commissioner shall attempt to notify persons or groups of persons affected
2.34by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.35other appropriate means as determined by the commissioner.
3.1(g) Notwithstanding section97A.0458 , a rule adopted under this subdivision is
3.2effective for the period stated in the notice but not longer than 18 months after the rule is
3.3adopted effective.
3.4 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.5to read:
3.6 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
3.7the commissioner may establish, by written order, policies for the use and operation of
3.8other power-driven mobility devices, as defined under Code of Federal Regulations, title
3.928, section 35.104, on lands and in facilities administered by the commissioner for the
3.10purposes of implementing the Americans with Disabilities Act, United States Code, title
3.1142, section 12101 et seq. These policies are exempt from the rulemaking provisions of
3.12chapter 14 and section 14.386 does not apply.
3.13 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.14to read:
3.15 Subd. 20. Hunting licenses to persons with a critical illness. The commissioner
3.16may allow persons with a critical illness to purchase, once-in-a-lifetime, hunting licenses
3.17otherwise limited by a lottery drawing, which licenses allow for taking game within
3.18established hunting seasons or season frameworks. The commissioner may provide the
3.19licenses to persons who are participating in a program for hunters with a critical illness
3.20sponsored by a nonprofit organization with expertise in providing hunting opportunities to
3.21hunters who are gravely ill or have physical disabilities. The commissioner may provide
3.22licenses or permits otherwise limited by drawings, including wild turkey, deer, bear,
3.23prairie chicken, and wolf. The commissioner may not allow the purchase of moose and
3.24elk licenses under this subdivision. Deer licenses authorized by the commissioner under
3.25this subdivision may be for deer of either sex.
3.26 Sec. 4. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
3.27 Subd. 15a. Service provider. "Service provider" means an individual who or entity
3.28that: (1) decontaminates, installs, or removes water-related equipment or structures into or
3.29from waters of the state for hire or as a service provided as a benefit of membership in a
3.30yacht club, boat club, marina, or similar organization; or (2) rents or leases water-related
3.31equipment that will be used in, placed into, or removed from waters of the state. Service
3.32provider does not include a person working under the supervision of an individual with a
3.33valid service provider permit issued under section84D.108 .
4.1 Sec. 5. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
4.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
4.3restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
4.4stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
4.5an infested water that is designated because it contains invasive fish, invertebrates, or
4.6certifiable diseases, as defined in section17.4982 , may not be used in any other waters.
4.7If a commercial licensee operates in an infested water designated because it contains
4.8invasive fish, invertebrates, or certifiable diseases, as defined in section17.4982 , all nets,
4.9traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
4.10crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
4.11certifiable diseases, as defined in section17.4982 , must be tagged with tags provided by
4.12the commissioner, as specified in the commercial licensee's license or permit. This tagging
4.13requirement does not apply to commercial fishing equipment used in Lake Superior.
4.14(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.15turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
4.16contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
4.17minimum of two days before they are used in any other waters, except as provided in this
4.18paragraph. Commercial licensees must notify the department's regional or area fisheries
4.19office or a conservation officer before removing nets or equipment from an infested water
4.20designated solely because it contains Eurasian water milfoil and before resetting those nets
4.21or equipment in any other waters. Upon notification, the commissioner may authorize a
4.22commercial licensee to move nets or equipment to another water without freezing or drying,
4.23if that water is designated as infested solely because it contains Eurasian water milfoil.
4.24(c) A commercial licensee must remove all aquatic macrophytes from nets and other
4.25equipmentwhen the nets and equipment are removed from before placing the equipment
4.26into waters of the state.
4.27(d) The commissioner shall provide a commercial licensee with a current listing of
4.28designated infested waters at the time that a license or permit is issued.
4.29 Sec. 6. Minnesota Statutes 2012, section 84D.09, is amended to read:
4.3084D.09 AQUATIC MACROPHYTES.
4.31 Subdivision 1. Transportation prohibited. Unless specifically authorized under
4.32a license or permit issued by the commissioner, a person may not transport aquatic
4.33macrophytes, except as provided in this section.
4.34 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
4.35aquatic macrophytes:
5.1 (1) that are duckweeds in the family Lemnaceae;
5.2(2) for disposal as part of a harvest or control activity when specifically authorized
5.3under an aquatic plant management permit pursuant to section
103G.615, under permit
5.4pursuant to section
84D.11, or as specified by the commissioner;
5.5(3) (2) for purposes of constructing shooting or observation blinds in amounts
5.6sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
5.7above the waterline;
5.8(4) (3) when legally purchased or traded by or from commercial or hobbyist sources
5.9for aquarium, wetland or lakeshore restoration, or ornamental purposes;
5.10(5) (4) when harvested for personal or commercial use if in a motor vehicle;
5.11(6) (5) to the department, or another destination as the commissioner may direct, in a
5.12sealed container for purposes of identifying a species or reporting the presence of a species;
5.13(7) when transporting commercial aquatic plant harvesting or control equipment to a
5.14suitable location for purposes of cleaning any remaining aquatic macrophytes;
5.15(8) (6) that are wild rice harvested under section
84.091 ;
5.16(9) (7) in the form of fragments of emergent aquatic macrophytes incidentally
5.17transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
5.18season; or
5.19(10) (8) when removing water-related equipment from waters of the state for
5.20purposes of cleaning off aquatic macrophytes before leaving a water access site.
5.21 Sec. 7. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
5.22 Subdivision 1. Launching prohibited. A person may not place or attempt to place
5.23into waters of the state water-related equipment, including aquatic plant harvesting or
5.24control equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive
5.25species attached except as provided in this section.
5.26 Sec. 8. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
5.27 Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
5.28of the state a person must drain water-related equipment holding water and live wells and
5.29bilges by removing the drain plug before transporting the water-related equipment off
5.30the water access site or riparian property.
5.31 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
5.32from ballast tanks, bilges, and live wells must be removed or opened while transporting
5.33water-related equipment.
6.1 (c) Emergency response vehicles and equipment may be transported on a public road
6.2with the drain plug or other similar device replaced only after all water has been drained
6.3from the equipment upon leaving the water body.
6.4 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
6.5when fishing through the ice except on waters designated infested for viral hemorrhagic
6.6septicemia, and marine sanitary systems are exempt from this subdivision.
6.7 (e) A person must not dispose of bait in waters of the state.
6.8(f) A boat lift, dock, swim raft, or associated equipment that has been removed
6.9from any water body may not be placed in another water body until a minimum of 21
6.10days have passed.
6.11(g) A person who transports water that is appropriated from noninfested surface
6.12water bodies and that is transported by a commercial vehicle, excluding watercraft, or
6.13commercial trailer, which vehicle or trailer is specifically designed and used for water
6.14hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
6.15the transported water to other surface waters or within 100 feet of a surface water body.
6.16(h) A person transporting water from noninfested surface water bodies for
6.17firefighting or emergencies that threaten human safety or property is exempt from
6.18paragraphs (a) and (b).
6.19 Sec. 9. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
6.20 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
6.21individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
6.22species, and water. The commissioner may enter into a delegation agreement with a
6.23tribal or local government where inspection authority as provided under paragraphs (b),
6.24(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
6.25and administrative responsibilities for inspection programs on some or all public waters
6.26within their jurisdiction.
6.27(b) Inspectors may visually and tactilely inspect watercraft and water-related
6.28equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
6.29is present. If a person transporting watercraft or water-related equipment refuses to
6.30take required corrective actions or fails to comply with an order under section84D.10 ,
6.31subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
6.32to a conservation officer or other licensed peace officer.
6.33(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
6.34may inspect any watercraft or water-related equipment that is stopped at a water access
6.35site, any other public location in the state, or a private location where the watercraft or
7.1water-related equipment is in plain view, if the officer determines there is reason to believe
7.2that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
7.3water-related equipment.
7.4(d) Conservation officers or other licensed peace officers may utilize check stations
7.5in locations, or in proximity to locations, where watercraft or other water-related
7.6equipment is placed into or removed from waters of the state. Any check stations shall be
7.7operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
7.8(e) Conservation officers or other licensed peace officers may order water-related
7.9equipment to be removed from a water body if the commissioner determines such action is
7.10needed to implement aquatic invasive species control measures.
7.11(f) The commissioner may require mandatory inspections of water-related equipment
7.12before a person places or removes water-related equipment into or out of a water body.
7.13Inspection stations may be located at or near public water accesses or in locations that
7.14allow for servicing individual or multiple water bodies. The commissioner shall ensure
7.15that inspection stations:
7.16(1) have adequate staffing to minimize delays to vehicles and their occupants;
7.17(2) allow for reasonable travel times between public accesses and inspection stations
7.18if inspection is required before placing water-related equipment into a water body;
7.19(3) are located so as not to create traffic delays or public safety issues;
7.20(4) have decontamination equipment available to bring water-related equipment
7.21into compliance; and
7.22(5) do not reduce the capacity or hours of operation of public water accesses.
7.23(g) The commissioner may authorize tribal and local governments that enter into
7.24a delegation agreement with the commissioner to conduct mandatory inspections of
7.25water-related equipment at specified locations within a defined area before a person
7.26places or removes water-related equipment into or out of a water body. Tribal and local
7.27governments that are authorized to conduct inspections under this paragraph must:
7.28(1) assume all legal, financial, and administrative responsibilities for implementing
7.29the mandatory inspections, alone or in agreement with other tribal or local governments;
7.30(2) employ inspectors that have been trained and authorized by the commissioner;
7.31(3) conduct inspections and decontamination measures in accordance with guidelines
7.32approved by the commissioner;
7.33(4) have decontamination equipment available at inspection stations or identify
7.34alternative decontamination equipment locations within a reasonable distance of the
7.35inspection station that can bring water-related equipment into compliance;
8.1(5) provide for inspection station locations that do not create traffic delays or public
8.2safety issues; and
8.3(6) submit a plan approved by the commissioner according to paragraph (h).
8.4(h) Plans required under paragraph (g) must address:
8.5(1) no reduction in capacity or hours of operation of public accesses and fees that
8.6do not discourage or limit use;
8.7(2) reasonable travel times between public accesses and inspection stations;
8.8(3) adequate staffing to minimize wait times and provide adequate hours of operation
8.9at inspection stations and public accesses;
8.10(4) adequate enforcement capacity;
8.11(5) measures to address inspections of water-related equipment at public water
8.12accesses for commercial entities and private riparian land owners; and
8.13(6) other elements as required by the commissioner to ensure statewide consistency,
8.14appropriate inspection and decontamination protocols, and protection of the state's
8.15resources, public safety, and access to public waters.
8.16(i) A government unit authorized to conduct inspections under this subdivision must
8.17submit an annual report to the commissioner summarizing the results and issues related
8.18to implementing the inspection program.
8.19(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
8.20programs where authorized inspectors are placed directly at one or more water access
8.21sites, with no requirement for a person to travel from the water access for inspection
8.22or decontamination, and no local ordinance or other regulation requiring a mandatory
8.23inspection before placing watercraft or water-related equipment into a water body or after
8.24watercraft or water-related equipment are removed from a water body.
8.25 Sec. 10. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.26to read:
8.27 Subd. 2b. Transport of water. The commissioner may issue a permit under this
8.28section or an authorization under other licenses or permits pursuant to sections 97C.801,
8.2997C.811, and 103G.271 to allow the transport of water in containers or water-related
8.30equipment specifically designed and used for hauling water.
8.31 Sec. 11. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.32to read:
9.1 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
9.2permit to allow the transport of aquatic macrophytes to locations specified in the permit
9.3for purposes of research, education, and decontaminating equipment.
9.4 Sec. 12. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
9.5to read:
9.6 Subd. 2d. Special permits. The commissioner may issue special permits for the
9.7activities in this section. A special permit may be issued in the form of a general permit
9.8to a governmental subdivision or to the general public to conduct one or more activities
9.9under a single permit.
9.10 Sec. 13. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
9.11 Subd. 2. Cumulative remedy. The authority of conservation officers and other
9.12licensed peace officers to issue civil citations is in addition to other remedies available
9.13under law, except that the state may not seek penalties under any other provision of law
9.14for the incident subject to the citation.
9.15 Sec. 14. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
9.16to read:
9.17 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
9.18order for a violation of chapter 84D involving water-related equipment must successfully
9.19complete a training course as provided in section 86B.13.
9.20EFFECTIVE DATE.This section is effective July 1, 2015.
9.21 Sec. 15. [84D.20] MINNESOTA-WISCONSIN BOUNDARY AREA INVASIVE
9.22SPECIES COMMISSION.
9.23 Subdivision 1. Establishment. The Minnesota-Wisconsin Boundary Area Invasive
9.24Species Commission is established.
9.25 Subd. 2. General powers and duties. (a) The Minnesota-Wisconsin Boundary
9.26Area Invasive Species Commission shall make recommendations, review and correlate
9.27studies of the federal government and other agencies, develop plans and evolve findings,
9.28and do all things necessary and proper to carry out the powers conferred upon the
9.29commission by law, provided that no recommendation, plan, or finding of the commission
9.30shall have the force of law or be binding upon or limit the powers of either state or its
9.31departments, agencies, or municipalities.
10.1(b) The commission shall cooperate with the federal government of the United States
10.2and with any public or private agencies having an interest in, or jurisdiction sufficient to
10.3affect, the present and future protection of waters from invasive species.
10.4(c) For the purpose of obtaining information relative to land and water use in the
10.5area, the commission may hold public hearings.
10.6(d) The commission may appoint subcommittees for the purpose of conducting
10.7specific studies under paragraph (a).
10.8 Subd. 3. Members; officers; meetings. (a) The Minnesota representation on
10.9the Minnesota-Wisconsin Boundary Area Invasive Species Commission consists of
10.10five commissioners appointed by the governor, each for a four-year term. The terms of
10.11the commissioners shall be staggered. Vacancies shall be filled by appointment by the
10.12governor for the unexpired term.
10.13(b) The commission shall annually elect from among its members a chair, a vice
10.14chair who shall not be a citizen of the state represented by the chair, and other officers
10.15deemed necessary by the commission.
10.16(c) The commission shall meet at the call of the chair, or at the call of three of its
10.17members, upon at least five days' notice, and at least twice in each calendar year.
10.18(d) The governor shall appoint the first members within three months of final
10.19enactment.
10.20 Subd. 4. Minnesota-Wisconsin Boundary Area Legislative Advisory Committee.
10.21To assist the Minnesota-Wisconsin Boundary Area Invasive Species Commission in the
10.22performance of its duties, a Minnesota-Wisconsin Boundary Area Legislative Advisory
10.23Committee is created, to be comprised of three members of the house of representatives
10.24appointed by the speaker of the house of representatives, two members of the house of
10.25representatives appointed by the minority leader, three members of the senate appointed
10.26by the Subcommittee on Committees of the Committee on Rules and Administration, and
10.27two members of the senate appointed by the minority leader. The members of the advisory
10.28committee shall be selected by January 31 of each even-numbered year. Vacancies,
10.29when the legislature is not in regular session, shall be filled by appointment of the last
10.30duly elected speaker in the case of members of the house of representatives and the last
10.31duly elected members of the Subcommittee on Committees of the Committee on Rules
10.32and Administration in the case of members of the senate. The members of the advisory
10.33committee shall select a chair and other officers as deemed necessary. The chair of the
10.34advisory committee shall rotate every two years between the house of representatives and
10.35the senate. The Legislative Advisory Committee shall elect the first chair from among its
10.36senate members. The senate Subcommittee on Committees of the Committee on Rules
11.1and Administration shall designate one of its first appointees to convene the first meeting
11.2of the Legislative Advisory Committee by .........., and to act as chair until the committee
11.3elects a chair at its first meeting. The Legislative Advisory Committee shall sunset when
11.4the Boundary Area Invasive Species Commission sunsets.
11.5 Subd. 5. Technical Advisory Task Force. To assist the Minnesota-Wisconsin
11.6Boundary Area Invasive Species Commission in the performance of its duties, a Technical
11.7Advisory Task Force comprised of ten members is created, to be appointed, as found
11.8necessary, by the commission and serve at the commission's pleasure. Each member of
11.9the Technical Advisory Task Force shall have expertise in the subject matter of the duties
11.10of the Minnesota-Wisconsin Boundary Area Invasive Species Commission and be an
11.11officer or employee of the executive branch of the state government or of a governmental
11.12subdivision or body politic and corporate of the state.
11.13 Subd. 6. Compensation and reimbursement for expenses. (a) Members of the
11.14commission shall serve without compensation, but the actual and necessary expenses
11.15incurred by any member in the performance of the commission's duties shall be reimbursed
11.16from the appropriations made for the support of the commission.
11.17(b) Members of the Minnesota-Wisconsin Boundary Area Legislative Advisory
11.18Committee shall be compensated and reimbursed for expenses in the same manner that
11.19members of legislative standing committees are compensated and reimbursed under
11.20section 3.101.
11.21 Subd. 7. Cooperation of state officers. All departments and agencies of the state
11.22shall cooperate with the commission and its advisory committees in the execution of their
11.23functions and assist the commission to carry out its duties.
11.24 Subd. 8. Gifts. The Minnesota commissioners may accept on behalf of the state a
11.25gift from any source, private or public, and use the gift for the purposes for which it is
11.26tendered, consistent with the duties of the Minnesota-Wisconsin Boundary Area Invasive
11.27Species Commission. Money so received shall be deposited in the state treasury and is
11.28appropriated annually to the commission to carry out the terms of the gift.
11.29 Subd. 9. Budget. The Minnesota commissioners shall submit a budget of the
11.30estimated expenditures of the commission from time to time to the commissioner of
11.31management and budget for the period and in the form the commissioner of management
11.32and budget requires.
11.33 Subd. 10. Annual audit. The commission shall keep accurate accounts of all
11.34receipts and disbursements, which shall be audited as of December 31 of each year by a
11.35qualified public accountant.
12.1 Subd. 11. Reports. By January 15 of each odd-numbered year, the commission
12.2shall make a report to the governor and to the chairs and ranking minority members of the
12.3committees of the Minnesota senate and house of representatives with primary jurisdiction
12.4over environment and natural resources and to the Wisconsin legislature that shall include:
12.5(1) the activities of the commission during the previous biennium and its intended
12.6activities for the upcoming biennium; and
12.7(2) the appropriations, gifts, and grants, if any, received by the commission and the
12.8commission's expenditures of funds as verified by the audit under subdivision 10.
12.9 Subd. 12. Enabling legislation. The commission shall become operative
12.10immediately after the passage of an act by both party states incorporating the provisions
12.11of this commission into the laws of both states. The first meeting shall be called by the
12.12governor of Minnesota within three months of final enactment of legislation establishing a
12.13Boundary Area Invasive Species Commission by Wisconsin or by Minnesota, whichever
12.14is later.
12.15 Subd. 13. Sunset. The commission shall sunset January 16, 2021.
12.16EFFECTIVE DATE.This section is effective the day following final enactment.
12.17 Sec. 16. Minnesota Statutes 2012, section 85A.02, subdivision 10, is amended to read:
12.18 Subd. 10. Wild animal exemption. (a) The board shall not be subject to the
12.19provisions of chapters 17,19, 97, 98, 99, 100, and 101 35, 97A, 97B, and 97C, and
12.20section343.21, subdivision 8 , relating to purchase, barter, sale, possession, breeding, or
12.21transporting wild animals, but must comply with paragraph (b).
12.22(b) The board must request a permit from the Board of Animal Health for any
12.23exemption from the provisions of chapter 35 or rules adopted thereunder and from the
12.24Department of Natural Resources for any exemption from the provisions of chapter 97A,
12.2597B, or 97C, or rules adopted thereunder.
12.26 Sec. 17. Minnesota Statutes 2012, section 86B.005, is amended by adding a
12.27subdivision to read:
12.28 Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
12.29for harvesting wild rice.
12.30 Sec. 18. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
12.31 Subd. 18. Watercraft. "Watercraft" means any contrivance used or designed for
12.32navigation on water, except:
12.33(1) aduck waterfowl boat during the duck waterfowl hunting season seasons;
13.1(2) a rice boat during the harvest season; or
13.2(3) a seaplane.
13.3 Sec. 19. Minnesota Statutes 2012, section 86B.005, is amended by adding a
13.4subdivision to read:
13.5 Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
13.6while hunting waterfowl.
13.7 Sec. 20. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
13.8to read:
13.9 Subd. 1a. Training for offenders. A person who is convicted of or subject to
13.10a final order for a violation of chapter 84D involving water-related equipment must
13.11successfully complete the training course in subdivision 1 before continuing operation or
13.12use of water-related equipment.
13.13EFFECTIVE DATE.This section is effective July 1, 2015.
13.14 Sec. 21. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
13.15 Subd. 2. Exemptions. A watercraft license is not required for:
13.16(1) a watercraft that is covered by a license or number in full force and effect under
13.17federal law or a federally approved licensing or numbering system of another state, and
13.18has not been within this state for more than 90 consecutive days, which does not include
13.19days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
13.20port or another port in the state;
13.21(2) a watercraft from a country other than the United States that has not been within
13.22this state for more than 90 consecutive days, which does not include days that a watercraft is
13.23laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
13.24(3) a watercraft owned by the United States, an Indian tribal government, a state, or
13.25a political subdivision of a state, except watercraft used for recreational purposes;
13.26(4) a ship's lifeboat;
13.27(5) a watercraft that has been issued a valid marine document by the United States
13.28government;
13.29(6) aduck waterfowl boat during duck waterfowl hunting season;
13.30(7) a rice boat during the harvest season;
13.31(8) a seaplane; and
13.32(9) a nonmotorized watercraft ten feet in length or less.
14.1 Sec. 22. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
14.2 Subdivision 1. Personal flotation or lifesaving devices. (a) Watercraft andduck
14.3 waterfowl boats using the waters of this state must be equipped with the number and type
14.4of personal flotation or lifesaving devices prescribed by the commissioner.
14.5(b) The commissioner may not:
14.6(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
14.7(2) require persons on sailboards to wear personal flotation or lifesaving devices
14.8or have them readily available.
14.9 Sec. 23. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
14.10 Subd. 2. Exempt watercraft. A watercraft is not required to have a certificate of
14.11title if the watercraft is:
14.12(1) owned by a manufacturer or dealer and held for sale;
14.13(2) used by a manufacturer solely for testing;
14.14(3) from a jurisdiction other than this state, temporarily using the waters of this state;
14.15(4) owned by the United States, a state, this state, or a political subdivision;
14.16(5) aduck waterfowl boat used only during duck waterfowl hunting season;
14.17(6) a rice boat used only during the wild rice harvesting season;
14.18(7) owned by a person, firm, or corporation operating a resort as defined in section
14.19157.15
or a recreational camping area as defined in section
327.14, subdivision 8 , except
14.20with respect to a previously titled watercraft; or
14.21(8) watercraft manufactured prior to August 1, 1979.
14.22 Sec. 24. Minnesota Statutes 2012, section 97A.051, subdivision 2, is amended to read:
14.23 Subd. 2. Summary of fish and game laws. (a) The commissioner shall prepare
14.24a summary of the hunting, trapping, and fishing laws and rules and deliver asufficient
14.25 supply to license vendorsto furnish one copy to each person obtaining a hunting, fishing,
14.26or trapping license. The commissioner shall also post the summary of laws and rules on
14.27the Department of Natural Resources Web site.
14.28(b) At the beginning of the summary, under the heading "Trespass," the
14.29commissioner shall summarize the trespass provisions under sections97B.001 to
97B.945 ,
14.30state that conservation officers and peace officers must enforce the trespass laws, and
14.31state the penalties for trespassing.
14.32(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
14.33summarize the requirements under section609.662 and state the penalties for failure to
14.34render aid to a person injured by gunshot.
15.1 Sec. 25. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
15.2 Subd. 3. Cooperative farming agreements. On any public hunting, game refuge,
15.3wildlife management area, aquatic management area, or scientific and natural area lands,
15.4the commissioner may enter into written cooperative farming agreements on a sharecrop
15.5basis, without competitive bidding, for the purpose of wildlife and plant management.
15.6Cooperative farming agreements may also be used to allow pasturing of livestock. The
15.7agreements may provide for the bartering of a share of any crop, produced from these
15.8lands, for services or products that will enhance or benefit the management of state lands
15.9for plant and animal species. Cooperative farming agreements pursuant to this section shall
15.10not be considered leases for tax purposes under section272.01, subdivision 2 , or
273.19 .
15.11 Sec. 26. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
15.12 Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the
15.13license of a person who unlawfully takes, transports, or possesses wild animals when the
15.14restitution value of the wild animals exceeds $500. Except as provided in subdivisions
15.152, 4, and 5, the person may not use or obtain any license to take the same type of wild
15.16animals involved, including a duplicate license, until an action is taken under subdivision
15.176. If the license seized under this paragraph was for a big game animal, the license seizure
15.18applies to all licenses to take big game issued to the individual. If the license seized under
15.19this paragraph was for small game animals, the license seizure applies to all licenses to
15.20take small game issued to the individual.
15.21(b) In addition to the license seizure under paragraph (a), if the restitution value of
15.22the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
15.23game and fish licenses held by the person shall be immediately seized. Except as provided
15.24in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
15.25including a duplicate license, until an action is taken under subdivision 6.
15.26(c) A person may not take wild animals covered by a license seized under this
15.27subdivision until an action is taken under subdivision 6.
15.28 Sec. 27. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
15.29 Subd. 6. Taking deer; disabled veterans. A person authorized to issue licenses
15.30must issue, without a fee,a an annual or permanent license to take deer with firearms
15.31or by archery to a resident that is a veteran, as defined in section197.447 , and that has
15.32a 100 percent service connected disability as defined by the United States Veterans
15.33Administration upon being furnished satisfactory evidence. A person issued a permanent
16.1license must register and receive tags each year that the license is used. The tags shall be
16.2issued at no charge to the licensee.
16.3 Sec. 28. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
16.4 Subdivision 1.Angling; Take a Kid Fishing Weekends. (a) A resident age 16
16.5years or older may take fish by angling without an anglingor license and may take fish
16.6by spearing from a dark house without a spearing or angling license and without a fish
16.7house or dark house license during one three-day consecutive period of the open water
16.8angling season and one three-day consecutive period of the ice angling season designated
16.9byrule of the commissioner if the resident is accompanied by a child who is under age
16.1016. The commissioner may, by written order published in the State Register, establish
16.11the three-day consecutive periods. The written order is not subject to the rulemaking
16.12provisions of chapter 14 and section 14.386 does not apply.
16.13 (b) The commissionershall may designate and publicize the three-day periods as
16.14"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
16.15Fishing Weekend" for the ice angling season. The commissioner shall announce the date
16.16of each three-day weekend at least 30 days in advance of the date it occurs.
16.17 Sec. 29. Minnesota Statutes 2012, section 97A.451, is amended by adding a
16.18subdivision to read:
16.19 Subd. 2a. Resident spearing; age 16 or 17. Residents age 16 or 17 may take
16.20fish by spearing without a spearing license.
16.21 Sec. 30. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
16.22 Subd. 3. Residents and nonresidents under age 16; small game. (a) A resident or
16.23nonresident under age 16 may not obtain a small game license but may take small game
16.24by firearms or bow and arrow without a license if the resident or nonresident is:
16.25 (1) age 14 or 15 and possesses a firearms safety certificate;
16.26 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
16.27guardian;
16.28 (3) age 13, 14, or 15, and possesses an apprentice hunter validation, and is
16.29accompanied by a parent or guardian who possesses a small game license that was not
16.30obtained using an apprentice hunter validation as provided under section 97B.022; or
16.31 (4) age 12 or under and is accompanied by a parent or guardian.
16.32 (b) A resident under age 16 may take small game, other than wolves, by trapping
16.33without a small game license, but a resident 13 years of age or older must have a trapping
17.1license. A resident under age 13 may trap small game, other than wolves, without a
17.2trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
17.3resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
17.4under age five must be included in the limit of the accompanying parent or guardian.
17.5 (c) A resident or nonresident under age 13 must obtain a free turkey license to
17.6take turkey and may take a turkey without a firearms safety certificate if the resident or
17.7nonresident is accompanied by an adult parent or guardian who has a firearms safety
17.8certificate.
17.9 (d) A resident under age 13 may apply for a prairie chicken license and may take a
17.10prairie chicken without a firearms safety certificate if the resident is accompanied by an
17.11adult parent or guardian who has a firearms safety certificate.
17.12 Sec. 31. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
17.13 Subd. 3b. Nonresidentsunder age 18 age 16 or 17; small game. (a) A nonresident
17.14age 16 orover and under age 18 17 may take small game by firearms or archery and
17.15may obtain a small game license at the youth fee under section97A.475, subdivision 3 ,
17.16paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate or an
17.17apprentice hunter validation as provided under section 97B.022.
17.18(b) A nonresident under age 16 may take small game by firearms or archery and may
17.19obtain a small game license without paying the applicable fees under section
97A.475,
17.20subdivisions 3, 4, and 5, if the nonresident is:
17.21(1) age 14 or 15 and possesses a firearms safety certificate;
17.22(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
17.23or guardian; or
17.24(3) age 12 or under and is accompanied by a parent or guardian.
17.25 Sec. 32. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
17.26 Subd. 4. Residents and nonresidents under age13 16; big game. (a) A resident
17.27or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
17.28the person possesses a firearms safety certificate or an apprentice hunter validation as
17.29provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
17.30parent or guardian to hunt big game.
17.31 (b) A resident or nonresident age ten orover and under age 13 11 must obtain a
17.32license under paragraph (c) and may take big game, provided the person is under the direct
17.33supervision of a parent or guardian where the parent or guardian is within immediate reach.
18.1 (c) A resident or nonresident age tenor over and under age 13, 11, or 12 must obtain
18.2a license to take big gameand may obtain the license without paying the fee required
18.3 under section97A.475, subdivision 2 or 3 .
18.4 Sec. 33. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
18.5 Subd. 5. Nonresident youth; angling or spearing. (a) A nonresident under age
18.616 may:
18.7(1) take fish by angling without a license if a parent or guardian has a fishing license.
18.8Fish taken by a nonresident under age 16 without a license must be included in the limit
18.9of the parent or guardian;
18.10(2) purchase a youth fishing license under section97A.475, subdivision 7 , paragraph
18.11(a), clause (8), and possess a limit of fish; or
18.12(3) be included under a nonresident family angling license and possess a limit of fish.
18.13(b) A nonresident age 16 orover and under age 18 17 must purchase a youth license
18.14to angle under section97A.475, subdivision 7 , paragraph (a), clause (8).
18.15(c) A nonresident age 16 or 17 who possesses a fishing license under section
18.1697A.475, subdivision 7, paragraph (a), clause (8), may take fish by spearing without
18.17a spearing license.
18.18(d) A nonresident under age 16 may take fish by spearing without a spearing or
18.19angling license. Limits for fish taken by spearing under this paragraph must comply with
18.20one of the options listed in paragraph (a).
18.21 Sec. 34. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
18.22 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
18.23only, are:
18.24 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
18.25 (2) for persons age 65 or over, $7 to take small game;
18.26 (3) for persons age 18 or over to take turkey, $26;
18.27 (4) for persons age 13 or over and under age 18 to take turkey, $5;
18.28 (5) for persons age 18 or over to take deer with firearms during the regular firearms
18.29season, $30;
18.30 (6) for persons age 18 or over to take deer by archery, $30;
18.31 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
18.32season, $30;
18.33 (8) to take moose, for a party of not more than six persons, $356;
18.34 (9) to take bear, $44;
19.1 (10) to take elk, for a party of not more than two persons, $287;
19.2 (11) to take Canada geese during a special season, $4;
19.3 (12) to take prairie chickens, $23;
19.4 (13) for persons age 13 or over and under age 18 to take deer with firearms during
19.5the regular firearms season, $5;
19.6 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
19.7 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
19.8during the muzzleloader season, $5;
19.9(16) for persons age 18 or over to take small game for a consecutive 72-hour period
19.10selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
19.11migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
19.12waterfowl habitat improvement account under section97A.075, subdivision 2 ; one-half
19.13of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
19.14the pheasant habitat improvement account under section97A.075, subdivision 4 ; and
19.15one-half of the small game surcharge under subdivision 4, shall be deposited in the
19.16wildlife acquisition account;
19.17(17) for persons age 16 orover and under age 18 17 to take small game, $5; and
19.18(18) to take wolf, $30.;
19.19(19) for persons age 12 and under to take turkey, no fee;
19.20(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
19.21(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
19.22(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
19.23muzzleloader season, no fee.
19.24 Sec. 35. Minnesota Statutes 2012, section 97A.475, subdivision 3, is amended to read:
19.25 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
19.26to nonresidents, are:
19.27 (1) for persons age 18 or over to take small game, $90.50;
19.28 (2) for persons age 18 or over to take deer with firearms during the regular firearms
19.29season, $160;
19.30 (3) for persons age 18 or over to take deer by archery, $160;
19.31 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
19.32season, $160;
19.33 (5) to take bear, $225;
19.34 (6) for persons age 18 or over to take turkey, $91;
19.35 (7) for persons age 13 or over and under age 18 to take turkey,$13 $5;
20.1 (8) to take raccoon or bobcat, $178;
20.2 (9) to take Canada geese during a special season, $4;
20.3 (10) for persons age 13 or over and under age 18 to take deer with firearms during
20.4the regular firearms season in any open season option or time period,$15 $5;
20.5 (11) for persons age 13 or over and under age 18 to take deer by archery,$15 $5;
20.6 (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
20.7season,$15 $5;
20.8(13) for persons age 18 or over to take small game for a consecutive 72-hour period
20.9selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
20.10migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
20.11waterfowl habitat improvement account under section97A.075, subdivision 2 ; one-half
20.12of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
20.13the pheasant habitat improvement account under section97A.075, subdivision 4 ; and
20.14one-half of the small game surcharge under subdivision 4, shall be deposited into the
20.15wildlife acquisition account;
20.16(14) for persons age 16and over and under age 18 or 17 to take small game, $15
20.17 $5;and
20.18(15) to take wolf, $250.;
20.19(16) for persons age 12 and under to take turkey, no fee;
20.20(17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
20.21(18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
20.22(19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
20.23muzzleloader season, no fee.
20.24 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
20.25paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
20.26on this surcharge.
20.27 Sec. 36. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
20.28 Subd. 8. Minnesota sporting; super sports. (a) The commissioner shall issue
20.29Minnesota sporting licenses to residents only. The licensee may take fish by angling
20.30and small game. The fee for the license is:
20.31(1) for an individual, $31.50; and
20.32(2) for a combined license for a married couple to take fish and for one spouse to
20.33take small game, $45.50.
20.34(b) The commissioner shall issue Minnesota super sports licenses to residents only.
20.35The licensee may take fish by angling, including trout; small game, including pheasant
21.1and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
21.2sports license, including all required stamp validations is:
21.3(1) for an individual age 18 or over,$92.50 $86.50; and
21.4(2) for a combined license for a married couple to take fish, including the trout and
21.5salmon stamp validation, and for one spouse to take small game, including pheasant
21.6and waterfowl, and deer,$118.50 $110.50.
21.7(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
21.8according to section97A.075, subdivisions 2 , 3, and 4.
21.9(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
21.10according to section97A.075, subdivision 1 .
21.11 Sec. 37. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
21.12 Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell
21.13licenses under this section must issue the following licenses for the license fee and the
21.14following issuing fees:
21.15 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
21.16 (2) Minnesota sporting, the issuing fee is $1;
21.17 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
21.18animals, the issuing fee is $1;
21.19(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
21.20requires a license purchase at the time of application and the license purchase requires
21.21an application fee;
21.22(5) for a prairie chicken license, the issuing fee is $1;
21.23(6) for a turkey license, the issuing fee is $1;
21.24(7) for an elk license, the issuing fee is $1;
21.25(8) for a moose license, the issuing fee is $1;
21.26(9) for a wolf license, the issuing fee is $1;
21.27(4) (10) for a stamp validation that is not issued simultaneously with a license, an
21.28issuing fee of 50 cents may be charged at the discretion of the authorized seller;
21.29(5) (11) for stamp validations issued simultaneously with a license, there is no fee;
21.30(6) (12) for licenses, seals, tags, or coupons issued without a fee under section
21.3197A.441
or
97A.465 , an the issuing fee of 50 cents may be charged at the discretion of
21.32the authorized seller is $1;
21.33(7) (13) for lifetime licenses, there is no fee; and
21.34(8) (14) for all other licenses, permits, renewals, or applications or any other
21.35transaction through the electronic licensing system under this chapter or any other chapter
22.1when an issuing fee is not specified, an issuing fee of50 cents $1 may be charged at the
22.2discretion of the authorized seller.
22.3 (b) Only one issuing fee may be collected when selling more than one stamp in the
22.4same transaction after the end of the season for which the stamp was issued.
22.5 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
22.6 (d) The commissioner shall collect the issuing fee on licenses sold by the
22.7commissioner.
22.8 (e) A license, except stamps, must state the amount of the issuing fee and that the
22.9issuing fee is kept by the seller as a commission for selling the licenses.
22.10 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
22.11 (1) for licenses to take big game, 75 cents; and
22.12 (2) for other licenses, 50 cents.
22.13 (g) The commissioner may issue one-day angling licenses in books of ten licenses
22.14each to fishing guides operating charter boats upon receipt of payment of all license
22.15fees, excluding the issuing fee required under this section. Copies of sold and unsold
22.16licenses shall be returned to the commissioner. The commissioner shall refund the charter
22.17boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
22.18maintained by the commissioner for one year.
22.19 Sec. 38. Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
22.20 Subd. 3. Remaining on land prohibited after notice. Except as provided in
22.21subdivision 6, a person may not remain on or return within one year to any land for
22.22outdoor recreation purposes after beingorally told personally notified not to do so by
22.23the owner, occupant, or lessee.
22.24 Sec. 39. Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
22.25 Subd. 4. Entering posted land prohibited; signs. (a) Except as provided in
22.26subdivision 6, a person may not:
22.27(1) enter, for outdoor recreation purposes, any land that is posted under this
22.28subdivision without first obtaining permission of the owner, occupant, or lessee.; or
22.29(2) knowingly enter, for outdoor recreation purposes, any land that is posted under
22.30this subdivision without first obtaining permission of the owner, occupant, or lessee.
22.31A person who violates clause (2) is subject to the penalty provided in section
22.3297A.315, subdivision 1, paragraph (b).
22.33(b) The owner, occupant, or lessee of private land, or an authorized manager of public
22.34land may prohibit outdoor recreation on the land by posting signs once each year that:
23.1(1) state "no trespassing" or similar terms;
23.2(2) display letters at least two inches high;
23.3(3) either:
23.4(i) are signed by the owner, occupant, lessee, or authorized manager; or
23.5(ii) include the legible name and telephone number of the owner, occupant, lessee,
23.6or authorized manager; and
23.7(4) either:
23.8(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
23.9area where boundary lines are not clear, at intervals of 500 feet or less; or
23.10(ii) mark the primary corners of each parcel of land and access roads and trails at
23.11the point of entrance to each parcel of land except that corners only accessible through
23.12agricultural land need not be posted.
23.13(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
23.14where the person does not have a property right, title, or interest to use the land.
23.15 Sec. 40. Minnesota Statutes 2012, section 97B.0215, is amended to read:
23.1697B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
23.17A parent orlegal guardian of a minor may not knowingly direct, allow, or permit
23.18the minor to hunt without the required license, permit, training, or certification, or in
23.19violation of the game and fish laws.
23.20 Sec. 41. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
23.21 Subd. 2. Apprentice hunter validation requirements. (a) A resident or nonresident
23.22born after December 31, 1979, who is age 12 or over and who does not possess a hunter
23.23education firearms safety certificate may be issued an apprentice hunter validation. An
23.24apprentice hunter validation may be purchased two license years in a lifetime and used to
23.25obtain hunting licenses during the same license year that the validation is purchased.
23.26 (b) An individual in possession of an apprentice hunter validation may hunt small
23.27game, deer, and bear only when accompanied by an adultlicensed to hunt who has a
23.28valid license to hunt the same species of game in Minnesota and whose license was not
23.29obtained using an apprentice hunter validation.
23.30(c) When an individual in possession of an apprentice hunter validation is hunting
23.31turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
23.32for another permit area or time period but must be licensed for the same season as the
23.33apprentice hunter. If the accompanying adult is not licensed for the same permit area or
24.1time period as the apprentice hunter, the accompanying adult may not shoot or possess a
24.2firearm or bow while accompanying the apprentice hunter under this paragraph.
24.3 (d) An apprentice hunter validation holder must obtain all required licenses and
24.4stamps.
24.5 Sec. 42. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
24.6 Subd. 2. Restrictions related to motor vehicles. A person may not take a wild
24.7animal with a firearm or by archery from a motor vehicle except as permitted in this
24.8section. Notwithstanding section97B.091 , a person may transport a bow uncased while
24.9inan electric motor-powered boat a motorized watercraft and may take rough fish while
24.10in the boat as provided in section 97C.376, subdivision 3.
24.11 Sec. 43. Minnesota Statutes 2012, section 97B.071, is amended to read:
24.1297B.071 BLAZE ORANGE REQUIREMENTS.
24.13 Subdivision 1. Clothing requirements. (a) Except as provided in rules adopted
24.14under paragraph (c), a person may not hunt or trap during the open season where deer may
24.15be taken by firearms under applicable laws and ordinances, unless the visible portion of
24.16the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze
24.17orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange
24.18within each foot square. This section does not apply to migratory waterfowl hunters on
24.19waters of this state or in a stationary shooting location or to trappers on waters of this state.
24.20 (b) Except as provided in rules adopted under paragraph (c), and in addition to
24.21the requirement in paragraph (a), a person may not take small game other than turkey,
24.22migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
24.23at least one article of the person's clothing above the waist is blaze orange. This paragraph
24.24does not apply to a person when in a stationary location while hunting deer by archery
24.25or when hunting small game by falconry.
24.26 (c) The commissioner may, by rule, prescribe an alternative color in cases where
24.27paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
24.28Law 103-141.
24.29 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
24.30by a safety warning.
24.31 Subd. 2. Ground blinds. A person may not hunt deer from a ground blind during
24.32the open season where deer may be taken by firearms unless the outside of the blind
24.33displays a minimum of 144 square inches of blaze orange material that is visible from
24.34all directions around the blind.
25.1 Sec. 44. Minnesota Statutes 2012, section 97B.112, is amended to read:
25.297B.112 SPECIAL HUNTSFOR YOUTH.
25.3The commissioner may by rule establish criteria, special seasons, and limits for
25.4youth and adult hunters to take big game and small game by firearms or archery in
25.5designated areas or times as part of the agency's overall effort in hunter recruitment and
25.6retention. The criteria may also include provisions for an unlicensed adult to assist ayouth
25.7 hunter during a special season or special hunt established under this section.
25.8 Sec. 45. Minnesota Statutes 2012, section 97C.341, is amended to read:
25.997C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
25.10(a) A person may not use live minnows imported from outside of the state, game
25.11fish, goldfish, or carp for bait. Notwithstanding paragraphs (b) and (d), the commissioner
25.12may, by written order published in the State Register, adopt rules to authorize the use of
25.13game fish eggs as bait in Lake Superior and its tributaries below the posted boundaries and
25.14prescribe restrictions on their use.The order is exempt from the rulemaking provisions of
25.15chapter 14 and section
14.386 does not apply.
25.16(b) A person may not import or possess live, frozen, or processed bait from known
25.17waters where viral hemorrhagic septicemia has been identified as being present: (1)
25.18unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
25.19prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
25.20(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
25.21invertebrates, and insects used for taking wild animals in waters of the state.
25.22 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
25.23be used as:
25.24 (1) fresh or frozen bait only on Lake Superior; or
25.25 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
25.26manner prescribed by rules adopted by the commissioner.
25.27(d) To ensure that frozen or dead fish being brought into the state are not in violation
25.28of paragraph (b), the following paperwork must accompany the shipment. Documents
25.29must be open for inspection by the commissioner at any reasonable time. All documents
25.30must be available to purchasers of these bait items. Each container or package of frozen or
25.31dead fish must have the following information:
25.32(1) water body source;
25.33(2) lot number;
25.34(3) company contact including name, phone, and address;
25.35(4) date of packaging and labeling; and
26.1(5) valid negative fish health certification from the source water body.
26.2 Sec. 46. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
26.3 Subdivision 1. Period when use prohibited. Except as specifically authorized, a
26.4person may not take fish with a spear from the third Monday in February toApril 30 with
26.5a spear, the Friday before the last Saturday in April and may not take fish with a fish
26.6trap, net, dip net, seine, or other device capable of taking fish from the third Monday
26.7in February to April 30.
26.8 Sec. 47. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
26.9 Subd. 2. Possession. (a) Except as specifically authorized, a person may not possess
26.10a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
26.11waters. Possession includes personal possession and in a vehicle.
26.12(b) A person may possessspears, dip nets, and spear guns allowed under section
26.1397C.381
on or near waters between sunrise and sunset from May 1 to the last Sunday in
26.14February, or as otherwise prescribed by the commissioner. A person may possess a spear
26.15on or near waters between sunrise and sunset from the last Saturday in April to the last
26.16Sunday in February, or as otherwise prescribed by the commissioner.
26.17 Sec. 48. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
26.18 Subdivision 1. Season. (a) The regular bow fishing season for residents and
26.19nonresidents is fromMay 1 the last Saturday in April to the last Sunday in February at
26.20any time of the day.
26.21(b) The early bow fishing season for residents and nonresidents is open only south
26.22of State Highway 210 from the Monday after the last Sunday in February to the Friday
26.23before the last Saturday in April at any time of the day. During the early season, a person
26.24may bow fish:
26.25(1) only from a boat; and
26.26(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
26.27 Sec. 49. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
26.28 Subd. 2. Possession of bows and arrows. A person may possess bows and arrows for
26.29the purposes of bow fishing on or within 100 feet of waters at any time fromMay 1 the last
26.30Saturday in April to the last Sunday in February and at other times on lakes and the rivers
26.31south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
26.32ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
27.1 Sec. 50. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
27.2 Subd. 3. Nighttime restrictions on motors. (a) From sunset to sunrise,a person
27.3bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
27.4engine powered generator. the noise limits for total noise while bow fishing from sunset
27.5to sunrise shall must not exceed a noise level of 65 decibels on the A scale measured at
27.6a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
27.7specified by the commissioner in a pass-by testor 67 decibels on the A scale measured
27.8at idle in a stationary test at least four feet above the water and at least four feet behind
27.9the transom of the motorboat being tested.
27.10(b) The noise limits under paragraph (a) shall be determined under a test procedure
27.11approved by the commissioner under section 86B.321, subdivision 2.
27.12(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
27.13relating to motorboat noise.
27.14(d) The noise levels under section86B.321 apply to persons traveling to and from
27.15bow fishing sites from sunset to sunrise.
27.16 Sec. 51. [103G.217] DRIFTLESS AREA WATER RESOURCES.
27.17Groundwater discharge from natural springs and seepage areas in the driftless area
27.18of Minnesota, corresponding to the area of the state contained within the boundaries
27.19of the Department of Natural Resources Paleozoic Plateau Ecological Section, is vital
27.20to sustaining the coldwater aquatic ecosystems in the region, as well as recreational,
27.21commercial, agricultural, environmental, aesthetic, and economic well-being. In the area of
27.22the state contained within the boundaries of the Department of Natural Resources Paleozoic
27.23Plateau Ecological Section, the excavation or mining of industrial silica sand by any means,
27.24including digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping,
27.25or shafting is prohibited within one mile of any spring, groundwater seepage area, fen,
27.26designated trout stream, class 2a water as designated in the rules of the Pollution Control
27.27Agency, or any perennially flowing tributary of a designated trout stream or class 2a water.
27.28EFFECTIVE DATE.This section is effective the day following final enactment.
27.29 Sec. 52. Minnesota Statutes 2012, section 103G.271, is amended by adding a
27.30subdivision to read:
27.31 Subd. 4b. Driftless area aquifers. (a) The commissioner may not issue water use
27.32permits for the appropriation of groundwater in the area of the state contained within the
27.33boundaries of the Department of Natural Resources Paleozoic Plateau Ecological Section
27.34in connection with (1) the excavation or mining of industrial silica sand by any means,
28.1including digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping,
28.2or shafting, or (2) the transporting, processing, washing, cleaning, screening, crushing,
28.3filtering, or sorting of industrial silica sand.
28.4(b) In the area of the state contained within the boundaries of the Department
28.5of Natural Resources Paleozoic Plateau Ecological Section, the excavation or mining
28.6of industrial silica sand by any means, including digging, excavating, mining, drilling,
28.7blasting, tunneling, dredging, stripping, or shafting is prohibited within 25 feet of the
28.8static water level as measured at the site.
28.9EFFECTIVE DATE.This section is effective the day following final enactment.
28.10 Sec. 53. HYBRID AND NARROW-LEAVED CATTAIL CONTROL; LORING
28.11PARK LAKE.
28.12The commissioner of natural resources shall issue a general aquatic plant
28.13management permit to the Minneapolis Park and Recreation Board for Loring Park Lake
28.14in Hennepin County for the mechanical control of hybrid and narrow-leaved cattails.
28.15 Sec. 54. RULEMAKING; GAME FISH EGGS AS BAIT.
28.16(a) The commissioner of natural resources shall amend Minnesota Rules, part
28.176262.0100, by adding a subpart to read:
28.18"Spawn bags may be bought or sold only if the bags are made with:
28.19A. fish eggs from a licensed aquaculture facility; or
28.20B. fish eggs that are:
28.21(1) legally taken from a source outside Minnesota that has been certified disease-free;
28.22and
28.23(2) preserved and labeled as required under a bait preservation permit. Records must
28.24be maintained as required for bait preservation permits."
28.25(b) The commissioner of natural resources shall amend Minnesota Rules, part
28.266262.0300, subpart 5, to read:
28.27"A. Except as provided in this subpart, the taking of fish for bait purposes from all
28.28Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
28.29the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
28.30estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
28.31B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
28.3297C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
28.33Superior or its tributaries below the posted boundaries may be used to make spawn bags
28.34for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
29.1paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
29.2the posted boundaries and may be transported to and from Lake Superior or its tributaries
29.3below the posted boundaries."
29.4(c) The commissioner may use the good cause exemption under Minnesota Statutes,
29.5section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
29.6Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
29.7section 14.388.
29.8 Sec. 55. RULEMAKING; SPEARING ROUGH FISH.
29.9The commissioner of natural resources shall amend Minnesota Rules, part
29.106262.0600, to make seasons for spearing rough fish consistent with the date changes
29.11in sections 46 and 47. The commissioner may use the good cause exemption under
29.12Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
29.13section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
29.14Minnesota Statutes, section 14.388.
29.15 Sec. 56. RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
29.16CRANES.
29.17(a) The commissioner of natural resources shall amend Minnesota Rules, part
29.186133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
29.19sandhill crane.
29.20(b) The commissioner may use the good cause exemption under Minnesota Statutes,
29.21section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
29.22Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
29.23section 14.388.
29.24 Sec. 57. RULEMAKING; REMOVING SPEARING RESTRICTIONS.
29.25The commissioner of natural resources shall amend Minnesota Rules, part
29.266264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing
29.27for the following lakes: Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar,
29.28Eagle, Owasso, North Star, Moose, and Spider. The commissioner may use the good
29.29cause exemption under Minnesota Statutes, section 14.388, to adopt rules under this
29.30section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
29.31Minnesota Statutes, section 14.388.
29.32 Sec. 58. REPORT TO LEGISLATURE.
30.1By January 15, 2014, the commissioner of natural resources, after consultation
30.2with the Board of Animal Health, the Farmed Cervid Advisory Committee, and other
30.3interested parties, shall report to the chairs and ranking minority members of the house
30.4of representatives and senate committees with jurisdiction over environment and natural
30.5resources policy and finance on the costs of destruction of escaped farmed cervids by
30.6the Department of Natural Resources. The report shall include recommendations for
30.7recovery of the costs and methods to reduce the incidence or amount of those costs, and
30.8any necessary changes in statutes or rules to implement those recommendations.
30.9 Sec. 59. REVISOR'S INSTRUCTION.
30.10The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
30.11boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
30.12 Sec. 60. REPEALER.
30.13Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
30.144a; and 97C.346, are repealed.
1.3trespassing laws; providing for certain license seizure; modifying fees;
1.4modifying invasive species laws; modifying watercraft provisions; creating
1.5a Minnesota-Wisconsin Boundary Area Invasive Species Commission;
1.6modifying exemptions for the Minnesota Zoological Garden; providing for
1.7a special local law in six counties to protect surface water and groundwater;
1.8requiring rulemaking; appropriating money;amending Minnesota Statutes 2012,
1.9sections 84.027, subdivision 13, by adding subdivisions; 84D.01, subdivision
1.1015a; 84D.03, subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105,
1.11subdivision 2; 84D.11, by adding subdivisions; 84D.13, subdivision 2, by adding
1.12a subdivision; 85A.02, subdivision 10; 86B.005, subdivision 18, by adding
1.13subdivisions; 86B.13, by adding a subdivision; 86B.301, subdivision 2; 86B.501,
1.14subdivision 1; 86B.825, subdivision 2; 97A.051, subdivision 2; 97A.135,
1.15subdivision 3; 97A.420, subdivision 1; 97A.441, subdivision 6; 97A.445,
1.16subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision;
1.1797A.475, subdivisions 2, 3, 8; 97A.485, subdivision 6; 97B.001, subdivisions
1.183, 4; 97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.071;
1.1997B.112; 97C.341; 97C.345, subdivisions 1, 2; 97C.376, subdivisions 1, 2, 3;
1.20103G.271, by adding a subdivision; proposing coding for new law in Minnesota
1.21Statutes, chapters 84D; 103G; repealing Minnesota Statutes 2012, sections
1.2284D.01, subdivision 22; 97A.451, subdivision 4a; 97C.346.
1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.24 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
1.25 Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
1.26adopt rules under sections
1.27under:
1.28(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.29areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.30prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
2.1disease, to open or close bodies of water or portions of bodies of water for night bow
2.2fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.3(2) sections
2.4roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.5(3) section
2.6species, unregulated nonnative species, and infested waters.
2.7(b) If conditions exist that do not allow the commissioner to comply with sections
2.9based upon current biological and harvest data, the commissioner may adopt a rule under
2.10this subdivision by submitting the rule to the attorney general for review under section
2.12of state and the Legislative Coordinating Commission, and complying with section
2.14in the notice. The
2.15body for night bow fishing under this section may include the need to temporarily open
2.16the area to evaluate compatibility of the activity on that body of water prior to permanent
2.17rulemaking. The notice may be published after it is received from the attorney general or
2.18five business days after it is submitted to the attorney general, whichever is earlier.
2.19(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.20Register and may be effective up to seven days before publishing and filing under
2.21paragraph (b), if:
2.22(1) the commissioner of natural resources determines that an emergency exists;
2.23(2) the attorney general approves the rule; and
2.24(3) for a rule that affects more than three counties the commissioner publishes the
2.25rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.26rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.27newspaper in each of the affected counties.
2.28(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.29(3), may not be effective earlier than seven days after publication.
2.30(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.31rule is published if the commissioner gives notice and holds a public hearing on the rule
2.32within 15 days before publication.
2.33(f) The commissioner shall attempt to notify persons or groups of persons affected
2.34by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.35other appropriate means as determined by the commissioner.
3.1(g) Notwithstanding section
3.2effective for the period stated in the notice but not longer than 18 months after the rule is
3.3
3.4 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.5to read:
3.6 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
3.7the commissioner may establish, by written order, policies for the use and operation of
3.8other power-driven mobility devices, as defined under Code of Federal Regulations, title
3.928, section 35.104, on lands and in facilities administered by the commissioner for the
3.10purposes of implementing the Americans with Disabilities Act, United States Code, title
3.1142, section 12101 et seq. These policies are exempt from the rulemaking provisions of
3.12chapter 14 and section 14.386 does not apply.
3.13 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.14to read:
3.15 Subd. 20. Hunting licenses to persons with a critical illness. The commissioner
3.16may allow persons with a critical illness to purchase, once-in-a-lifetime, hunting licenses
3.17otherwise limited by a lottery drawing, which licenses allow for taking game within
3.18established hunting seasons or season frameworks. The commissioner may provide the
3.19licenses to persons who are participating in a program for hunters with a critical illness
3.20sponsored by a nonprofit organization with expertise in providing hunting opportunities to
3.21hunters who are gravely ill or have physical disabilities. The commissioner may provide
3.22licenses or permits otherwise limited by drawings, including wild turkey, deer, bear,
3.23prairie chicken, and wolf. The commissioner may not allow the purchase of moose and
3.24elk licenses under this subdivision. Deer licenses authorized by the commissioner under
3.25this subdivision may be for deer of either sex.
3.26 Sec. 4. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
3.27 Subd. 15a. Service provider. "Service provider" means an individual who or entity
3.28that: (1) decontaminates, installs, or removes water-related equipment or structures into or
3.29from waters of the state for hire or as a service provided as a benefit of membership in a
3.30yacht club, boat club, marina, or similar organization; or (2) rents or leases water-related
3.31equipment that will be used in, placed into, or removed from waters of the state. Service
3.32provider does not include a person working under the supervision of an individual with a
3.33valid service provider permit issued under section
4.1 Sec. 5. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
4.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
4.3restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
4.4stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
4.5an infested water that is designated because it contains invasive fish, invertebrates, or
4.6certifiable diseases, as defined in section
4.7If a commercial licensee operates in an infested water designated because it contains
4.8invasive fish, invertebrates, or certifiable diseases, as defined in section
4.9traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
4.10crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
4.11certifiable diseases, as defined in section
4.12the commissioner, as specified in the commercial licensee's license or permit. This tagging
4.13requirement does not apply to commercial fishing equipment used in Lake Superior.
4.14(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.15turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
4.16contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
4.17minimum of two days before they are used in any other waters, except as provided in this
4.18paragraph. Commercial licensees must notify the department's regional or area fisheries
4.19office or a conservation officer before removing nets or equipment from an infested water
4.20designated solely because it contains Eurasian water milfoil and before resetting those nets
4.21or equipment in any other waters. Upon notification, the commissioner may authorize a
4.22commercial licensee to move nets or equipment to another water without freezing or drying,
4.23if that water is designated as infested solely because it contains Eurasian water milfoil.
4.24(c) A commercial licensee must remove all aquatic macrophytes from nets and other
4.25equipment
4.26into waters of the state.
4.27(d) The commissioner shall provide a commercial licensee with a current listing of
4.28designated infested waters at the time that a license or permit is issued.
4.29 Sec. 6. Minnesota Statutes 2012, section 84D.09, is amended to read:
4.3084D.09 AQUATIC MACROPHYTES.
4.31 Subdivision 1. Transportation prohibited. Unless specifically authorized under
4.32a license or permit issued by the commissioner, a person may not transport aquatic
4.33macrophytes, except as provided in this section.
4.34 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
4.35aquatic macrophytes:
5.1 (1) that are duckweeds in the family Lemnaceae;
5.2
5.3
5.4
5.5
5.6sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
5.7above the waterline;
5.8
5.9for aquarium, wetland or lakeshore restoration, or ornamental purposes;
5.10
5.11
5.12sealed container for purposes of identifying a species or reporting the presence of a species;
5.13
5.14
5.15
5.16
5.17transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
5.18season; or
5.19
5.20purposes of cleaning off aquatic macrophytes before leaving a water access site.
5.21 Sec. 7. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
5.22 Subdivision 1. Launching prohibited. A person may not place or attempt to place
5.23into waters of the state water-related equipment, including aquatic plant harvesting or
5.24control equipment that has aquatic macrophytes
5.25species attached except as provided in this section.
5.26 Sec. 8. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
5.27 Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
5.28of the state a person must drain water-related equipment holding water and live wells and
5.29bilges by removing the drain plug before transporting the water-related equipment off
5.30the water access site or riparian property.
5.31 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
5.32from ballast tanks, bilges, and live wells must be removed or opened while transporting
5.33water-related equipment.
6.1 (c) Emergency response vehicles and equipment may be transported on a public road
6.2with the drain plug or other similar device replaced only after all water has been drained
6.3from the equipment upon leaving the water body.
6.4 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
6.5when fishing through the ice except on waters designated infested for viral hemorrhagic
6.6septicemia, and marine sanitary systems are exempt from this subdivision.
6.7 (e) A person must not dispose of bait in waters of the state.
6.8(f) A boat lift, dock, swim raft, or associated equipment that has been removed
6.9from any water body may not be placed in another water body until a minimum of 21
6.10days have passed.
6.11(g) A person who transports water that is appropriated from noninfested surface
6.12water bodies and that is transported by a commercial vehicle, excluding watercraft, or
6.13commercial trailer, which vehicle or trailer is specifically designed and used for water
6.14hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
6.15the transported water to other surface waters or within 100 feet of a surface water body.
6.16(h) A person transporting water from noninfested surface water bodies for
6.17firefighting or emergencies that threaten human safety or property is exempt from
6.18paragraphs (a) and (b).
6.19 Sec. 9. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
6.20 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
6.21individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
6.22species, and water. The commissioner may enter into a delegation agreement with a
6.23tribal or local government where inspection authority as provided under paragraphs (b),
6.24(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
6.25and administrative responsibilities for inspection programs on some or all public waters
6.26within their jurisdiction.
6.27(b) Inspectors may visually and tactilely inspect watercraft and water-related
6.28equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
6.29is present. If a person transporting watercraft or water-related equipment refuses to
6.30take required corrective actions or fails to comply with an order under section
6.31subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
6.32to a conservation officer or other licensed peace officer.
6.33(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
6.34may inspect any watercraft or water-related equipment that is stopped at a water access
6.35site, any other public location in the state, or a private location where the watercraft or
7.1water-related equipment is in plain view, if the officer determines there is reason to believe
7.2that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
7.3water-related equipment.
7.4(d) Conservation officers or other licensed peace officers may utilize check stations
7.5in locations, or in proximity to locations, where watercraft or other water-related
7.6equipment is placed into or removed from waters of the state. Any check stations shall be
7.7operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
7.8(e) Conservation officers or other licensed peace officers may order water-related
7.9equipment to be removed from a water body if the commissioner determines such action is
7.10needed to implement aquatic invasive species control measures.
7.11(f) The commissioner may require mandatory inspections of water-related equipment
7.12before a person places or removes water-related equipment into or out of a water body.
7.13Inspection stations may be located at or near public water accesses or in locations that
7.14allow for servicing individual or multiple water bodies. The commissioner shall ensure
7.15that inspection stations:
7.16(1) have adequate staffing to minimize delays to vehicles and their occupants;
7.17(2) allow for reasonable travel times between public accesses and inspection stations
7.18if inspection is required before placing water-related equipment into a water body;
7.19(3) are located so as not to create traffic delays or public safety issues;
7.20(4) have decontamination equipment available to bring water-related equipment
7.21into compliance; and
7.22(5) do not reduce the capacity or hours of operation of public water accesses.
7.23(g) The commissioner may authorize tribal and local governments that enter into
7.24a delegation agreement with the commissioner to conduct mandatory inspections of
7.25water-related equipment at specified locations within a defined area before a person
7.26places or removes water-related equipment into or out of a water body. Tribal and local
7.27governments that are authorized to conduct inspections under this paragraph must:
7.28(1) assume all legal, financial, and administrative responsibilities for implementing
7.29the mandatory inspections, alone or in agreement with other tribal or local governments;
7.30(2) employ inspectors that have been trained and authorized by the commissioner;
7.31(3) conduct inspections and decontamination measures in accordance with guidelines
7.32approved by the commissioner;
7.33(4) have decontamination equipment available at inspection stations or identify
7.34alternative decontamination equipment locations within a reasonable distance of the
7.35inspection station that can bring water-related equipment into compliance;
8.1(5) provide for inspection station locations that do not create traffic delays or public
8.2safety issues; and
8.3(6) submit a plan approved by the commissioner according to paragraph (h).
8.4(h) Plans required under paragraph (g) must address:
8.5(1) no reduction in capacity or hours of operation of public accesses and fees that
8.6do not discourage or limit use;
8.7(2) reasonable travel times between public accesses and inspection stations;
8.8(3) adequate staffing to minimize wait times and provide adequate hours of operation
8.9at inspection stations and public accesses;
8.10(4) adequate enforcement capacity;
8.11(5) measures to address inspections of water-related equipment at public water
8.12accesses for commercial entities and private riparian land owners; and
8.13(6) other elements as required by the commissioner to ensure statewide consistency,
8.14appropriate inspection and decontamination protocols, and protection of the state's
8.15resources, public safety, and access to public waters.
8.16(i) A government unit authorized to conduct inspections under this subdivision must
8.17submit an annual report to the commissioner summarizing the results and issues related
8.18to implementing the inspection program.
8.19(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
8.20programs where authorized inspectors are placed directly at one or more water access
8.21sites, with no requirement for a person to travel from the water access for inspection
8.22or decontamination, and no local ordinance or other regulation requiring a mandatory
8.23inspection before placing watercraft or water-related equipment into a water body or after
8.24watercraft or water-related equipment are removed from a water body.
8.25 Sec. 10. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.26to read:
8.27 Subd. 2b. Transport of water. The commissioner may issue a permit under this
8.28section or an authorization under other licenses or permits pursuant to sections 97C.801,
8.2997C.811, and 103G.271 to allow the transport of water in containers or water-related
8.30equipment specifically designed and used for hauling water.
8.31 Sec. 11. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.32to read:
9.1 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
9.2permit to allow the transport of aquatic macrophytes to locations specified in the permit
9.3for purposes of research, education, and decontaminating equipment.
9.4 Sec. 12. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
9.5to read:
9.6 Subd. 2d. Special permits. The commissioner may issue special permits for the
9.7activities in this section. A special permit may be issued in the form of a general permit
9.8to a governmental subdivision or to the general public to conduct one or more activities
9.9under a single permit.
9.10 Sec. 13. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
9.11 Subd. 2. Cumulative remedy. The authority of conservation officers and other
9.12licensed peace officers to issue civil citations is in addition to other remedies available
9.13under law, except that the state may not seek penalties under any other provision of law
9.14for the incident subject to the citation.
9.15 Sec. 14. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
9.16to read:
9.17 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
9.18order for a violation of chapter 84D involving water-related equipment must successfully
9.19complete a training course as provided in section 86B.13.
9.20EFFECTIVE DATE.This section is effective July 1, 2015.
9.21 Sec. 15. [84D.20] MINNESOTA-WISCONSIN BOUNDARY AREA INVASIVE
9.22SPECIES COMMISSION.
9.23 Subdivision 1. Establishment. The Minnesota-Wisconsin Boundary Area Invasive
9.24Species Commission is established.
9.25 Subd. 2. General powers and duties. (a) The Minnesota-Wisconsin Boundary
9.26Area Invasive Species Commission shall make recommendations, review and correlate
9.27studies of the federal government and other agencies, develop plans and evolve findings,
9.28and do all things necessary and proper to carry out the powers conferred upon the
9.29commission by law, provided that no recommendation, plan, or finding of the commission
9.30shall have the force of law or be binding upon or limit the powers of either state or its
9.31departments, agencies, or municipalities.
10.1(b) The commission shall cooperate with the federal government of the United States
10.2and with any public or private agencies having an interest in, or jurisdiction sufficient to
10.3affect, the present and future protection of waters from invasive species.
10.4(c) For the purpose of obtaining information relative to land and water use in the
10.5area, the commission may hold public hearings.
10.6(d) The commission may appoint subcommittees for the purpose of conducting
10.7specific studies under paragraph (a).
10.8 Subd. 3. Members; officers; meetings. (a) The Minnesota representation on
10.9the Minnesota-Wisconsin Boundary Area Invasive Species Commission consists of
10.10five commissioners appointed by the governor, each for a four-year term. The terms of
10.11the commissioners shall be staggered. Vacancies shall be filled by appointment by the
10.12governor for the unexpired term.
10.13(b) The commission shall annually elect from among its members a chair, a vice
10.14chair who shall not be a citizen of the state represented by the chair, and other officers
10.15deemed necessary by the commission.
10.16(c) The commission shall meet at the call of the chair, or at the call of three of its
10.17members, upon at least five days' notice, and at least twice in each calendar year.
10.18(d) The governor shall appoint the first members within three months of final
10.19enactment.
10.20 Subd. 4. Minnesota-Wisconsin Boundary Area Legislative Advisory Committee.
10.21To assist the Minnesota-Wisconsin Boundary Area Invasive Species Commission in the
10.22performance of its duties, a Minnesota-Wisconsin Boundary Area Legislative Advisory
10.23Committee is created, to be comprised of three members of the house of representatives
10.24appointed by the speaker of the house of representatives, two members of the house of
10.25representatives appointed by the minority leader, three members of the senate appointed
10.26by the Subcommittee on Committees of the Committee on Rules and Administration, and
10.27two members of the senate appointed by the minority leader. The members of the advisory
10.28committee shall be selected by January 31 of each even-numbered year. Vacancies,
10.29when the legislature is not in regular session, shall be filled by appointment of the last
10.30duly elected speaker in the case of members of the house of representatives and the last
10.31duly elected members of the Subcommittee on Committees of the Committee on Rules
10.32and Administration in the case of members of the senate. The members of the advisory
10.33committee shall select a chair and other officers as deemed necessary. The chair of the
10.34advisory committee shall rotate every two years between the house of representatives and
10.35the senate. The Legislative Advisory Committee shall elect the first chair from among its
10.36senate members. The senate Subcommittee on Committees of the Committee on Rules
11.1and Administration shall designate one of its first appointees to convene the first meeting
11.2of the Legislative Advisory Committee by .........., and to act as chair until the committee
11.3elects a chair at its first meeting. The Legislative Advisory Committee shall sunset when
11.4the Boundary Area Invasive Species Commission sunsets.
11.5 Subd. 5. Technical Advisory Task Force. To assist the Minnesota-Wisconsin
11.6Boundary Area Invasive Species Commission in the performance of its duties, a Technical
11.7Advisory Task Force comprised of ten members is created, to be appointed, as found
11.8necessary, by the commission and serve at the commission's pleasure. Each member of
11.9the Technical Advisory Task Force shall have expertise in the subject matter of the duties
11.10of the Minnesota-Wisconsin Boundary Area Invasive Species Commission and be an
11.11officer or employee of the executive branch of the state government or of a governmental
11.12subdivision or body politic and corporate of the state.
11.13 Subd. 6. Compensation and reimbursement for expenses. (a) Members of the
11.14commission shall serve without compensation, but the actual and necessary expenses
11.15incurred by any member in the performance of the commission's duties shall be reimbursed
11.16from the appropriations made for the support of the commission.
11.17(b) Members of the Minnesota-Wisconsin Boundary Area Legislative Advisory
11.18Committee shall be compensated and reimbursed for expenses in the same manner that
11.19members of legislative standing committees are compensated and reimbursed under
11.20section 3.101.
11.21 Subd. 7. Cooperation of state officers. All departments and agencies of the state
11.22shall cooperate with the commission and its advisory committees in the execution of their
11.23functions and assist the commission to carry out its duties.
11.24 Subd. 8. Gifts. The Minnesota commissioners may accept on behalf of the state a
11.25gift from any source, private or public, and use the gift for the purposes for which it is
11.26tendered, consistent with the duties of the Minnesota-Wisconsin Boundary Area Invasive
11.27Species Commission. Money so received shall be deposited in the state treasury and is
11.28appropriated annually to the commission to carry out the terms of the gift.
11.29 Subd. 9. Budget. The Minnesota commissioners shall submit a budget of the
11.30estimated expenditures of the commission from time to time to the commissioner of
11.31management and budget for the period and in the form the commissioner of management
11.32and budget requires.
11.33 Subd. 10. Annual audit. The commission shall keep accurate accounts of all
11.34receipts and disbursements, which shall be audited as of December 31 of each year by a
11.35qualified public accountant.
12.1 Subd. 11. Reports. By January 15 of each odd-numbered year, the commission
12.2shall make a report to the governor and to the chairs and ranking minority members of the
12.3committees of the Minnesota senate and house of representatives with primary jurisdiction
12.4over environment and natural resources and to the Wisconsin legislature that shall include:
12.5(1) the activities of the commission during the previous biennium and its intended
12.6activities for the upcoming biennium; and
12.7(2) the appropriations, gifts, and grants, if any, received by the commission and the
12.8commission's expenditures of funds as verified by the audit under subdivision 10.
12.9 Subd. 12. Enabling legislation. The commission shall become operative
12.10immediately after the passage of an act by both party states incorporating the provisions
12.11of this commission into the laws of both states. The first meeting shall be called by the
12.12governor of Minnesota within three months of final enactment of legislation establishing a
12.13Boundary Area Invasive Species Commission by Wisconsin or by Minnesota, whichever
12.14is later.
12.15 Subd. 13. Sunset. The commission shall sunset January 16, 2021.
12.16EFFECTIVE DATE.This section is effective the day following final enactment.
12.17 Sec. 16. Minnesota Statutes 2012, section 85A.02, subdivision 10, is amended to read:
12.18 Subd. 10. Wild animal exemption. (a) The board shall not be subject to the
12.19provisions of chapters 17,
12.20section
12.21transporting wild animals, but must comply with paragraph (b).
12.22(b) The board must request a permit from the Board of Animal Health for any
12.23exemption from the provisions of chapter 35 or rules adopted thereunder and from the
12.24Department of Natural Resources for any exemption from the provisions of chapter 97A,
12.2597B, or 97C, or rules adopted thereunder.
12.26 Sec. 17. Minnesota Statutes 2012, section 86B.005, is amended by adding a
12.27subdivision to read:
12.28 Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
12.29for harvesting wild rice.
12.30 Sec. 18. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
12.31 Subd. 18. Watercraft. "Watercraft" means any contrivance used or designed for
12.32navigation on water, except:
12.33(1) a
13.1(2) a rice boat during the harvest season; or
13.2(3) a seaplane.
13.3 Sec. 19. Minnesota Statutes 2012, section 86B.005, is amended by adding a
13.4subdivision to read:
13.5 Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
13.6while hunting waterfowl.
13.7 Sec. 20. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
13.8to read:
13.9 Subd. 1a. Training for offenders. A person who is convicted of or subject to
13.10a final order for a violation of chapter 84D involving water-related equipment must
13.11successfully complete the training course in subdivision 1 before continuing operation or
13.12use of water-related equipment.
13.13EFFECTIVE DATE.This section is effective July 1, 2015.
13.14 Sec. 21. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
13.15 Subd. 2. Exemptions. A watercraft license is not required for:
13.16(1) a watercraft that is covered by a license or number in full force and effect under
13.17federal law or a federally approved licensing or numbering system of another state, and
13.18has not been within this state for more than 90 consecutive days, which does not include
13.19days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
13.20port or another port in the state;
13.21(2) a watercraft from a country other than the United States that has not been within
13.22this state for more than 90 consecutive days, which does not include days that a watercraft is
13.23laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
13.24(3) a watercraft owned by the United States, an Indian tribal government, a state, or
13.25a political subdivision of a state, except watercraft used for recreational purposes;
13.26(4) a ship's lifeboat;
13.27(5) a watercraft that has been issued a valid marine document by the United States
13.28government;
13.29(6) a
13.30(7) a rice boat during the harvest season;
13.31(8) a seaplane; and
13.32(9) a nonmotorized watercraft ten feet in length or less.
14.1 Sec. 22. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
14.2 Subdivision 1. Personal flotation or lifesaving devices. (a) Watercraft and
14.3 waterfowl boats using the waters of this state must be equipped with the number and type
14.4of personal flotation or lifesaving devices prescribed by the commissioner.
14.5(b) The commissioner may not:
14.6(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
14.7(2) require persons on sailboards to wear personal flotation or lifesaving devices
14.8or have them readily available.
14.9 Sec. 23. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
14.10 Subd. 2. Exempt watercraft. A watercraft is not required to have a certificate of
14.11title if the watercraft is:
14.12(1) owned by a manufacturer or dealer and held for sale;
14.13(2) used by a manufacturer solely for testing;
14.14(3) from a jurisdiction other than this state, temporarily using the waters of this state;
14.15(4) owned by the United States, a state, this state, or a political subdivision;
14.16(5) a
14.17(6) a rice boat used only during the wild rice harvesting season;
14.18(7) owned by a person, firm, or corporation operating a resort as defined in section
14.20with respect to a previously titled watercraft; or
14.21(8) watercraft manufactured prior to August 1, 1979.
14.22 Sec. 24. Minnesota Statutes 2012, section 97A.051, subdivision 2, is amended to read:
14.23 Subd. 2. Summary of fish and game laws. (a) The commissioner shall prepare
14.24a summary of the hunting, trapping, and fishing laws and rules and deliver a
14.25 supply to license vendors
14.26
14.27the Department of Natural Resources Web site.
14.28(b) At the beginning of the summary, under the heading "Trespass," the
14.29commissioner shall summarize the trespass provisions under sections
14.30state that conservation officers and peace officers must enforce the trespass laws, and
14.31state the penalties for trespassing.
14.32(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
14.33summarize the requirements under section
14.34render aid to a person injured by gunshot.
15.1 Sec. 25. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
15.2 Subd. 3. Cooperative farming agreements. On any public hunting, game refuge,
15.3wildlife management area, aquatic management area, or scientific and natural area lands,
15.4the commissioner may enter into written cooperative farming agreements on a sharecrop
15.5basis, without competitive bidding, for the purpose of wildlife and plant management.
15.6Cooperative farming agreements may also be used to allow pasturing of livestock. The
15.7agreements may provide for the bartering of a share of any crop, produced from these
15.8lands, for services or products that will enhance or benefit the management of state lands
15.9for plant and animal species. Cooperative farming agreements pursuant to this section shall
15.10not be considered leases for tax purposes under section
15.11 Sec. 26. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
15.12 Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the
15.13license of a person who unlawfully takes, transports, or possesses wild animals when the
15.14restitution value of the wild animals exceeds $500. Except as provided in subdivisions
15.152, 4, and 5, the person may not use or obtain any license to take the same type of wild
15.16animals involved, including a duplicate license, until an action is taken under subdivision
15.176. If the license seized under this paragraph was for a big game animal, the license seizure
15.18applies to all licenses to take big game issued to the individual. If the license seized under
15.19this paragraph was for small game animals, the license seizure applies to all licenses to
15.20take small game issued to the individual.
15.21(b) In addition to the license seizure under paragraph (a), if the restitution value of
15.22the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
15.23game and fish licenses held by the person shall be immediately seized. Except as provided
15.24in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
15.25including a duplicate license, until an action is taken under subdivision 6.
15.26(c) A person may not take wild animals covered by a license seized under this
15.27subdivision until an action is taken under subdivision 6.
15.28 Sec. 27. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
15.29 Subd. 6. Taking deer; disabled veterans. A person authorized to issue licenses
15.30must issue, without a fee,
15.31or by archery to a resident that is a veteran, as defined in section
15.32a 100 percent service connected disability as defined by the United States Veterans
15.33Administration upon being furnished satisfactory evidence. A person issued a permanent
16.1license must register and receive tags each year that the license is used. The tags shall be
16.2issued at no charge to the licensee.
16.3 Sec. 28. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
16.4 Subdivision 1.
16.5years or older may take fish by angling without an angling
16.6by spearing from a dark house without a spearing or angling license and without a fish
16.7house or dark house license during one three-day consecutive period of the open water
16.8angling season and one three-day consecutive period of the ice angling season designated
16.9by
16.1016. The commissioner may, by written order published in the State Register, establish
16.11the three-day consecutive periods. The written order is not subject to the rulemaking
16.12provisions of chapter 14 and section 14.386 does not apply.
16.13 (b) The commissioner
16.14"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
16.15Fishing Weekend" for the ice angling season. The commissioner shall announce the date
16.16of each three-day weekend at least 30 days in advance of the date it occurs.
16.17 Sec. 29. Minnesota Statutes 2012, section 97A.451, is amended by adding a
16.18subdivision to read:
16.19 Subd. 2a. Resident spearing; age 16 or 17. Residents age 16 or 17 may take
16.20fish by spearing without a spearing license.
16.21 Sec. 30. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
16.22 Subd. 3. Residents and nonresidents under age 16; small game. (a) A resident or
16.23nonresident under age 16 may not obtain a small game license but may take small game
16.24by firearms or bow and arrow without a license if the resident or nonresident is:
16.25 (1) age 14 or 15 and possesses a firearms safety certificate;
16.26 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
16.27guardian;
16.28 (3) age 13, 14, or 15, and possesses an apprentice hunter validation
16.29
16.30
16.31 (4) age 12 or under and is accompanied by a parent or guardian.
16.32 (b) A resident under age 16 may take small game, other than wolves, by trapping
16.33without a small game license, but a resident 13 years of age or older must have a trapping
17.1license. A resident under age 13 may trap small game, other than wolves, without a
17.2trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
17.3resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
17.4under age five must be included in the limit of the accompanying parent or guardian.
17.5 (c) A resident or nonresident under age 13 must obtain a free turkey license to
17.6take turkey and may take a turkey without a firearms safety certificate if the resident or
17.7nonresident is accompanied by an adult parent or guardian who has a firearms safety
17.8certificate.
17.9 (d) A resident under age 13 may apply for a prairie chicken license and may take a
17.10prairie chicken without a firearms safety certificate if the resident is accompanied by an
17.11adult parent or guardian who has a firearms safety certificate.
17.12 Sec. 31. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
17.13 Subd. 3b. Nonresidents
17.14age 16 or
17.15may obtain a small game license at the youth fee under section
17.16paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate or an
17.17apprentice hunter validation as provided under section 97B.022.
17.18
17.19
17.20
17.21
17.22
17.23
17.24
17.25 Sec. 32. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
17.26 Subd. 4. Residents and nonresidents under age
17.27or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
17.28the person possesses a firearms safety certificate or an apprentice hunter validation as
17.29provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
17.30parent or guardian to hunt big game.
17.31 (b) A resident or nonresident age ten or
17.32license under paragraph (c) and may take big game, provided the person is under the direct
17.33supervision of a parent or guardian where the parent or guardian is within immediate reach.
18.1 (c) A resident or nonresident age ten
18.2a license to take big game
18.3 under section
18.4 Sec. 33. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
18.5 Subd. 5. Nonresident youth; angling or spearing. (a) A nonresident under age
18.616 may:
18.7(1) take fish by angling without a license if a parent or guardian has a fishing license.
18.8Fish taken by a nonresident under age 16 without a license must be included in the limit
18.9of the parent or guardian;
18.10(2) purchase a youth fishing license under section
18.11(a), clause (8), and possess a limit of fish; or
18.12(3) be included under a nonresident family angling license and possess a limit of fish.
18.13(b) A nonresident age 16 or
18.14to angle under section
18.15(c) A nonresident age 16 or 17 who possesses a fishing license under section
18.1697A.475, subdivision 7, paragraph (a), clause (8), may take fish by spearing without
18.17a spearing license.
18.18(d) A nonresident under age 16 may take fish by spearing without a spearing or
18.19angling license. Limits for fish taken by spearing under this paragraph must comply with
18.20one of the options listed in paragraph (a).
18.21 Sec. 34. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
18.22 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
18.23only, are:
18.24 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
18.25 (2) for persons age 65 or over, $7 to take small game;
18.26 (3) for persons age 18 or over to take turkey, $26;
18.27 (4) for persons age 13 or over and under age 18 to take turkey, $5;
18.28 (5) for persons age 18 or over to take deer with firearms during the regular firearms
18.29season, $30;
18.30 (6) for persons age 18 or over to take deer by archery, $30;
18.31 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
18.32season, $30;
18.33 (8) to take moose, for a party of not more than six persons, $356;
18.34 (9) to take bear, $44;
19.1 (10) to take elk, for a party of not more than two persons, $287;
19.2 (11) to take Canada geese during a special season, $4;
19.3 (12) to take prairie chickens, $23;
19.4 (13) for persons age 13 or over and under age 18 to take deer with firearms during
19.5the regular firearms season, $5;
19.6 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
19.7 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
19.8during the muzzleloader season, $5;
19.9(16) for persons age 18 or over to take small game for a consecutive 72-hour period
19.10selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
19.11migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
19.12waterfowl habitat improvement account under section
19.13of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
19.14the pheasant habitat improvement account under section
19.15one-half of the small game surcharge under subdivision 4, shall be deposited in the
19.16wildlife acquisition account;
19.17(17) for persons age 16 or
19.18(18) to take wolf, $30
19.19(19) for persons age 12 and under to take turkey, no fee;
19.20(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
19.21(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
19.22(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
19.23muzzleloader season, no fee.
19.24 Sec. 35. Minnesota Statutes 2012, section 97A.475, subdivision 3, is amended to read:
19.25 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
19.26to nonresidents, are:
19.27 (1) for persons age 18 or over to take small game, $90.50;
19.28 (2) for persons age 18 or over to take deer with firearms during the regular firearms
19.29season, $160;
19.30 (3) for persons age 18 or over to take deer by archery, $160;
19.31 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
19.32season, $160;
19.33 (5) to take bear, $225;
19.34 (6) for persons age 18 or over to take turkey, $91;
19.35 (7) for persons age 13 or over and under age 18 to take turkey,
20.1 (8) to take raccoon or bobcat, $178;
20.2 (9) to take Canada geese during a special season, $4;
20.3 (10) for persons age 13 or over and under age 18 to take deer with firearms during
20.4the regular firearms season in any open season option or time period,
20.5 (11) for persons age 13 or over and under age 18 to take deer by archery,
20.6 (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
20.7season,
20.8(13) for persons age 18 or over to take small game for a consecutive 72-hour period
20.9selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
20.10migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
20.11waterfowl habitat improvement account under section
20.12of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
20.13the pheasant habitat improvement account under section
20.14one-half of the small game surcharge under subdivision 4, shall be deposited into the
20.15wildlife acquisition account;
20.16(14) for persons age 16
20.17 $5;
20.18(15) to take wolf, $250
20.19(16) for persons age 12 and under to take turkey, no fee;
20.20(17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
20.21(18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
20.22(19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
20.23muzzleloader season, no fee.
20.24 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
20.25paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
20.26on this surcharge.
20.27 Sec. 36. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
20.28 Subd. 8. Minnesota sporting; super sports. (a) The commissioner shall issue
20.29Minnesota sporting licenses to residents only. The licensee may take fish by angling
20.30and small game. The fee for the license is:
20.31(1) for an individual, $31.50; and
20.32(2) for a combined license for a married couple to take fish and for one spouse to
20.33take small game, $45.50.
20.34(b) The commissioner shall issue Minnesota super sports licenses to residents only.
20.35The licensee may take fish by angling, including trout; small game, including pheasant
21.1and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
21.2sports license, including all required stamp validations is:
21.3(1) for an individual age 18 or over,
21.4(2) for a combined license for a married couple to take fish, including the trout and
21.5salmon stamp validation, and for one spouse to take small game, including pheasant
21.6and waterfowl, and deer,
21.7(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
21.8according to section
21.9(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
21.10according to section
21.11 Sec. 37. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
21.12 Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell
21.13licenses under this section must issue the following licenses for the license fee and the
21.14following issuing fees:
21.15 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
21.16 (2) Minnesota sporting, the issuing fee is $1;
21.17 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
21.18animals, the issuing fee is $1;
21.19(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
21.20requires a license purchase at the time of application and the license purchase requires
21.21an application fee;
21.22(5) for a prairie chicken license, the issuing fee is $1;
21.23(6) for a turkey license, the issuing fee is $1;
21.24(7) for an elk license, the issuing fee is $1;
21.25(8) for a moose license, the issuing fee is $1;
21.26(9) for a wolf license, the issuing fee is $1;
21.27
21.28issuing fee of 50 cents may be charged at the discretion of the authorized seller;
21.29
21.30
21.32
21.33
21.34
21.35transaction through the electronic licensing system under this chapter or any other chapter
22.1when an issuing fee is not specified, an issuing fee of
22.2discretion of the authorized seller.
22.3 (b) Only one issuing fee may be collected when selling more than one stamp in the
22.4same transaction after the end of the season for which the stamp was issued.
22.5 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
22.6 (d) The commissioner shall collect the issuing fee on licenses sold by the
22.7commissioner.
22.8 (e) A license, except stamps, must state the amount of the issuing fee and that the
22.9issuing fee is kept by the seller as a commission for selling the licenses.
22.10 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
22.11 (1) for licenses to take big game, 75 cents; and
22.12 (2) for other licenses, 50 cents.
22.13 (g) The commissioner may issue one-day angling licenses in books of ten licenses
22.14each to fishing guides operating charter boats upon receipt of payment of all license
22.15fees, excluding the issuing fee required under this section. Copies of sold and unsold
22.16licenses shall be returned to the commissioner. The commissioner shall refund the charter
22.17boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
22.18maintained by the commissioner for one year.
22.19 Sec. 38. Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
22.20 Subd. 3. Remaining on land prohibited after notice. Except as provided in
22.21subdivision 6, a person may not remain on or return within one year to any land for
22.22outdoor recreation purposes after being
22.23the owner, occupant, or lessee.
22.24 Sec. 39. Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
22.25 Subd. 4. Entering posted land prohibited; signs. (a) Except as provided in
22.26subdivision 6, a person may not:
22.27(1) enter, for outdoor recreation purposes, any land that is posted under this
22.28subdivision without first obtaining permission of the owner, occupant, or lessee
22.29(2) knowingly enter, for outdoor recreation purposes, any land that is posted under
22.30this subdivision without first obtaining permission of the owner, occupant, or lessee.
22.31A person who violates clause (2) is subject to the penalty provided in section
22.3297A.315, subdivision 1, paragraph (b).
22.33(b) The owner, occupant, or lessee of private land, or an authorized manager of public
22.34land may prohibit outdoor recreation on the land by posting signs once each year that:
23.1(1) state "no trespassing" or similar terms;
23.2(2) display letters at least two inches high;
23.3(3) either:
23.4(i) are signed by the owner, occupant, lessee, or authorized manager; or
23.5(ii) include the legible name and telephone number of the owner, occupant, lessee,
23.6or authorized manager; and
23.7(4) either:
23.8(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
23.9area where boundary lines are not clear, at intervals of 500 feet or less; or
23.10(ii) mark the primary corners of each parcel of land and access roads and trails at
23.11the point of entrance to each parcel of land except that corners only accessible through
23.12agricultural land need not be posted.
23.13(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
23.14where the person does not have a property right, title, or interest to use the land.
23.15 Sec. 40. Minnesota Statutes 2012, section 97B.0215, is amended to read:
23.1697B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
23.17A parent or
23.18the minor to hunt without the required license, permit, training, or certification, or in
23.19violation of the game and fish laws.
23.20 Sec. 41. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
23.21 Subd. 2. Apprentice hunter validation requirements. (a) A resident or nonresident
23.22born after December 31, 1979, who is age 12 or over and who does not possess a hunter
23.23education firearms safety certificate may be issued an apprentice hunter validation. An
23.24apprentice hunter validation may be purchased two license years in a lifetime and used to
23.25obtain hunting licenses during the same license year that the validation is purchased.
23.26 (b) An individual in possession of an apprentice hunter validation may hunt small
23.27game, deer, and bear only when accompanied by an adult
23.28valid license to hunt the same species of game in Minnesota and whose license was not
23.29obtained using an apprentice hunter validation.
23.30(c) When an individual in possession of an apprentice hunter validation is hunting
23.31turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
23.32for another permit area or time period but must be licensed for the same season as the
23.33apprentice hunter. If the accompanying adult is not licensed for the same permit area or
24.1time period as the apprentice hunter, the accompanying adult may not shoot or possess a
24.2firearm or bow while accompanying the apprentice hunter under this paragraph.
24.3 (d) An apprentice hunter validation holder must obtain all required licenses and
24.4stamps.
24.5 Sec. 42. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
24.6 Subd. 2. Restrictions related to motor vehicles. A person may not take a wild
24.7animal with a firearm or by archery from a motor vehicle except as permitted in this
24.8section. Notwithstanding section
24.9in
24.10in the boat as provided in section 97C.376, subdivision 3.
24.11 Sec. 43. Minnesota Statutes 2012, section 97B.071, is amended to read:
24.1297B.071 BLAZE ORANGE REQUIREMENTS.
24.13 Subdivision 1. Clothing requirements. (a) Except as provided in rules adopted
24.14under paragraph (c), a person may not hunt or trap during the open season where deer may
24.15be taken by firearms under applicable laws and ordinances, unless the visible portion of
24.16the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze
24.17orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange
24.18within each foot square. This section does not apply to migratory waterfowl hunters on
24.19waters of this state or in a stationary shooting location or to trappers on waters of this state.
24.20 (b) Except as provided in rules adopted under paragraph (c), and in addition to
24.21the requirement in paragraph (a), a person may not take small game other than turkey,
24.22migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
24.23at least one article of the person's clothing above the waist is blaze orange. This paragraph
24.24does not apply to a person when in a stationary location while hunting deer by archery
24.25or when hunting small game by falconry.
24.26 (c) The commissioner may, by rule, prescribe an alternative color in cases where
24.27paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
24.28Law 103-141.
24.29 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
24.30by a safety warning.
24.31 Subd. 2. Ground blinds. A person may not hunt deer from a ground blind during
24.32the open season where deer may be taken by firearms unless the outside of the blind
24.33displays a minimum of 144 square inches of blaze orange material that is visible from
24.34all directions around the blind.
25.1 Sec. 44. Minnesota Statutes 2012, section 97B.112, is amended to read:
25.297B.112 SPECIAL HUNTS
25.3The commissioner may by rule establish criteria, special seasons, and limits for
25.4youth and adult hunters to take big game and small game by firearms or archery in
25.5designated areas or times as part of the agency's overall effort in hunter recruitment and
25.6retention. The criteria may also include provisions for an unlicensed adult to assist a
25.7 hunter during a special season or special hunt established under this section.
25.8 Sec. 45. Minnesota Statutes 2012, section 97C.341, is amended to read:
25.997C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
25.10(a) A person may not use live minnows imported from outside of the state, game
25.11fish, goldfish, or carp for bait. Notwithstanding paragraphs (b) and (d), the commissioner
25.12may
25.13game fish eggs as bait in Lake Superior and its tributaries below the posted boundaries and
25.14prescribe restrictions on their use.
25.15
25.16(b) A person may not import or possess live, frozen, or processed bait from known
25.17waters where viral hemorrhagic septicemia has been identified as being present: (1)
25.18unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
25.19prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
25.20(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
25.21invertebrates, and insects used for taking wild animals in waters of the state.
25.22 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
25.23be used as:
25.24 (1) fresh or frozen bait only on Lake Superior; or
25.25 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
25.26manner prescribed by rules adopted by the commissioner.
25.27(d) To ensure that frozen or dead fish being brought into the state are not in violation
25.28of paragraph (b), the following paperwork must accompany the shipment. Documents
25.29must be open for inspection by the commissioner at any reasonable time. All documents
25.30must be available to purchasers of these bait items. Each container or package of frozen or
25.31dead fish must have the following information:
25.32(1) water body source;
25.33(2) lot number;
25.34(3) company contact including name, phone, and address;
25.35(4) date of packaging and labeling; and
26.1(5) valid negative fish health certification from the source water body.
26.2 Sec. 46. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
26.3 Subdivision 1. Period when use prohibited. Except as specifically authorized, a
26.4person may not take fish with a spear from the third Monday in February to
26.5
26.6trap, net, dip net, seine, or other device capable of taking fish from the third Monday
26.7in February to April 30.
26.8 Sec. 47. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
26.9 Subd. 2. Possession. (a) Except as specifically authorized, a person may not possess
26.10a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
26.11waters. Possession includes personal possession and in a vehicle.
26.12(b) A person may possess
26.14February, or as otherwise prescribed by the commissioner. A person may possess a spear
26.15on or near waters between sunrise and sunset from the last Saturday in April to the last
26.16Sunday in February, or as otherwise prescribed by the commissioner.
26.17 Sec. 48. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
26.18 Subdivision 1. Season. (a) The regular bow fishing season for residents and
26.19nonresidents is from
26.20any time of the day.
26.21(b) The early bow fishing season for residents and nonresidents is open only south
26.22of State Highway 210 from the Monday after the last Sunday in February to the Friday
26.23before the last Saturday in April at any time of the day. During the early season, a person
26.24may bow fish:
26.25(1) only from a boat; and
26.26(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
26.27 Sec. 49. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
26.28 Subd. 2. Possession of bows and arrows. A person may possess bows and arrows for
26.29the purposes of bow fishing on or within 100 feet of waters at any time from
26.30Saturday in April to the last Sunday in February and at other times on lakes and the rivers
26.31south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
26.32ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
27.1 Sec. 50. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
27.2 Subd. 3. Nighttime restrictions on motors. (a) From sunset to sunrise,
27.3
27.4
27.5
27.6a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
27.7specified by the commissioner in a pass-by test
27.8
27.9
27.10(b) The noise limits under paragraph (a) shall be determined under a test procedure
27.11approved by the commissioner under section 86B.321, subdivision 2.
27.12(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
27.13relating to motorboat noise.
27.14(d) The noise levels under section
27.15bow fishing sites from sunset to sunrise.
27.16 Sec. 51. [103G.217] DRIFTLESS AREA WATER RESOURCES.
27.17Groundwater discharge from natural springs and seepage areas in the driftless area
27.18of Minnesota, corresponding to the area of the state contained within the boundaries
27.19of the Department of Natural Resources Paleozoic Plateau Ecological Section, is vital
27.20to sustaining the coldwater aquatic ecosystems in the region, as well as recreational,
27.21commercial, agricultural, environmental, aesthetic, and economic well-being. In the area of
27.22the state contained within the boundaries of the Department of Natural Resources Paleozoic
27.23Plateau Ecological Section, the excavation or mining of industrial silica sand by any means,
27.24including digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping,
27.25or shafting is prohibited within one mile of any spring, groundwater seepage area, fen,
27.26designated trout stream, class 2a water as designated in the rules of the Pollution Control
27.27Agency, or any perennially flowing tributary of a designated trout stream or class 2a water.
27.28EFFECTIVE DATE.This section is effective the day following final enactment.
27.29 Sec. 52. Minnesota Statutes 2012, section 103G.271, is amended by adding a
27.30subdivision to read:
27.31 Subd. 4b. Driftless area aquifers. (a) The commissioner may not issue water use
27.32permits for the appropriation of groundwater in the area of the state contained within the
27.33boundaries of the Department of Natural Resources Paleozoic Plateau Ecological Section
27.34in connection with (1) the excavation or mining of industrial silica sand by any means,
28.1including digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping,
28.2or shafting, or (2) the transporting, processing, washing, cleaning, screening, crushing,
28.3filtering, or sorting of industrial silica sand.
28.4(b) In the area of the state contained within the boundaries of the Department
28.5of Natural Resources Paleozoic Plateau Ecological Section, the excavation or mining
28.6of industrial silica sand by any means, including digging, excavating, mining, drilling,
28.7blasting, tunneling, dredging, stripping, or shafting is prohibited within 25 feet of the
28.8static water level as measured at the site.
28.9EFFECTIVE DATE.This section is effective the day following final enactment.
28.10 Sec. 53. HYBRID AND NARROW-LEAVED CATTAIL CONTROL; LORING
28.11PARK LAKE.
28.12The commissioner of natural resources shall issue a general aquatic plant
28.13management permit to the Minneapolis Park and Recreation Board for Loring Park Lake
28.14in Hennepin County for the mechanical control of hybrid and narrow-leaved cattails.
28.15 Sec. 54. RULEMAKING; GAME FISH EGGS AS BAIT.
28.16(a) The commissioner of natural resources shall amend Minnesota Rules, part
28.176262.0100, by adding a subpart to read:
28.18"Spawn bags may be bought or sold only if the bags are made with:
28.19A. fish eggs from a licensed aquaculture facility; or
28.20B. fish eggs that are:
28.21(1) legally taken from a source outside Minnesota that has been certified disease-free;
28.22and
28.23(2) preserved and labeled as required under a bait preservation permit. Records must
28.24be maintained as required for bait preservation permits."
28.25(b) The commissioner of natural resources shall amend Minnesota Rules, part
28.266262.0300, subpart 5, to read:
28.27"A. Except as provided in this subpart, the taking of fish for bait purposes from all
28.28Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
28.29the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
28.30estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
28.31B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
28.3297C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
28.33Superior or its tributaries below the posted boundaries may be used to make spawn bags
28.34for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
29.1paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
29.2the posted boundaries and may be transported to and from Lake Superior or its tributaries
29.3below the posted boundaries."
29.4(c) The commissioner may use the good cause exemption under Minnesota Statutes,
29.5section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
29.6Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
29.7section 14.388.
29.8 Sec. 55. RULEMAKING; SPEARING ROUGH FISH.
29.9The commissioner of natural resources shall amend Minnesota Rules, part
29.106262.0600, to make seasons for spearing rough fish consistent with the date changes
29.11in sections 46 and 47. The commissioner may use the good cause exemption under
29.12Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
29.13section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
29.14Minnesota Statutes, section 14.388.
29.15 Sec. 56. RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
29.16CRANES.
29.17(a) The commissioner of natural resources shall amend Minnesota Rules, part
29.186133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
29.19sandhill crane.
29.20(b) The commissioner may use the good cause exemption under Minnesota Statutes,
29.21section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
29.22Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
29.23section 14.388.
29.24 Sec. 57. RULEMAKING; REMOVING SPEARING RESTRICTIONS.
29.25The commissioner of natural resources shall amend Minnesota Rules, part
29.266264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing
29.27for the following lakes: Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar,
29.28Eagle, Owasso, North Star, Moose, and Spider. The commissioner may use the good
29.29cause exemption under Minnesota Statutes, section 14.388, to adopt rules under this
29.30section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
29.31Minnesota Statutes, section 14.388.
29.32 Sec. 58. REPORT TO LEGISLATURE.
30.1By January 15, 2014, the commissioner of natural resources, after consultation
30.2with the Board of Animal Health, the Farmed Cervid Advisory Committee, and other
30.3interested parties, shall report to the chairs and ranking minority members of the house
30.4of representatives and senate committees with jurisdiction over environment and natural
30.5resources policy and finance on the costs of destruction of escaped farmed cervids by
30.6the Department of Natural Resources. The report shall include recommendations for
30.7recovery of the costs and methods to reduce the incidence or amount of those costs, and
30.8any necessary changes in statutes or rules to implement those recommendations.
30.9 Sec. 59. REVISOR'S INSTRUCTION.
30.10The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
30.11boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
30.12 Sec. 60. REPEALER.
30.13Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
30.144a; and 97C.346, are repealed.