1.2relating to game and fish; modifying aquaculture provisions; modifying
1.3compensation and assistance provisions for crop damage by elk; modifying
1.4requirements for fish and wildlife management plans; modifying provisions
1.5for taking, possessing, and transporting wild animals; modifying penalty and
1.6license provisions; modifying duties of the Board of Water and Soil Resources;
1.7limiting landowner liability for state walk-in access program; requiring
1.8rulemaking; providing criminal penalties;amending Minnesota Statutes 2010,
1.9sections 3.7371; 16C.055, subdivision 2; 17.4982, subdivisions 8, 12, 13, by
1.10adding a subdivision; 17.4991, subdivision 3; 17.4992, subdivision 4; 17.4994;
1.1184.942, subdivision 1; 84.95, subdivision 2; 84D.11, subdivision 2a; 97A.015,
1.12subdivisions 24, 45, 49, 52, 55; 97A.028, subdivision 3; 97A.075, subdivision
1.136; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.321, subdivision 1;
1.1497A.331, by adding a subdivision; 97A.405, subdivision 2; 97A.415, subdivision
1.152; 97A.425, subdivision 3; 97A.433, by adding a subdivision; 97A.435,
1.16subdivision 1; 97A.445, subdivision 1a; 97A.465, subdivision 5; 97A.475,
1.17subdivision 7; 97A.505, subdivision 2; 97A.545, subdivision 5; 97B.022,
1.18subdivision 2; 97B.041; 97B.055, subdivision 3; 97B.075; 97B.106, subdivision
1.191; 97B.211, subdivision 1; 97B.425; 97B.515, by adding a subdivision; 97B.645,
1.20subdivision 9; 97B.711, by adding a subdivision; 97B.803; 97C.005, subdivision
1.213; 97C.081, subdivisions 3, 4, by adding a subdivision; 97C.087, subdivision
1.222; 97C.205; 97C.211, subdivision 5; 97C.341; 103B.101, subdivision 9;
1.23604A.24; proposing coding for new law in Minnesota Statutes, chapters 17;
1.2497B; 348; repealing Minnesota Statutes 2010, sections 84.942, subdivisions 2,
1.253, 4; 97A.015, subdivisions 26b, 27b, 27c; 97A.435, subdivision 5; 97C.081,
1.26subdivision 2.
1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2010, section 3.7371, is amended to read:
1.293.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY
1.30ELK.
1.31 Subdivision 1.
Authorization. Notwithstanding section
3.736, subdivision 3,
1.32paragraph (e), or any other law, a person who owns an agricultural crop
or pasture shall
2.1be compensated by the commissioner of agriculture for an agricultural crop
, or fence
2.2surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this
2.3section.
2.4 Subd. 2.
Claim form. The crop
or pasture owner must prepare a claim on forms
2.5provided by the commissioner and available at the county extension agent's office. The
2.6claim form must be filed with the commissioner.
A claim form may not be filed for crop
2.7damage or destruction that occurs before June 3, 1987.
2.8 Subd. 3.
Compensation. The crop owner is entitled to the target price or the
2.9market price, whichever is greater, of the damaged or destroyed crop plus adjustments
2.10for yield loss determined according to agricultural stabilization and conservation service
2.11programs for individual farms, adjusted annually, as determined by the commissioner,
2.12upon recommendation of the county extension agent for the owner's county.
Verification
2.13of fence damage or destruction by elk may be provided by submitting photographs or
2.14other evidence and documentation together with a statement from an independent witness
2.15using forms prescribed by the commissioner. The commissioner, upon recommendation
2.16of the agent, shall determine whether the crop damage or destruction
or damage to or
2.17destruction of a fence surrounding a crop or pasture is caused by elk and, if so, the amount
2.18of the crop
or fence that is damaged or destroyed. In any fiscal year,
a crop an owner
2.19may not be compensated for a damaged or destroyed crop
or fence surrounding a crop
2.20or pasture that is less than $100 in value and may be compensated up to $20,000, as
2.21determined under this section, if normal harvest procedures for the area are followed. In
2.22any fiscal year, the commissioner may provide compensation for claims filed under this
2.23section up to the amount expressly appropriated for this purpose.
2.24 Subd. 4.
Insurance deduction. Payments authorized by this section must be
2.25reduced by amounts received by the owner as proceeds from an insurance policy covering
2.26crop losses
or damage to or destruction of a fence surrounding a crop or pasture, or from
2.27any other source for the same purpose including, but not limited to, a federal program.
2.28 Subd. 5.
Decision on claims; opening land to hunting. If the commissioner finds
2.29that the crop
or pasture owner has shown that the damage or destruction of the owner's
2.30crop
or damage to or destruction of a fence surrounding a crop or pasture was caused more
2.31probably than not by elk, the commissioner shall pay compensation as provided in this
2.32section and the rules of the commissioner.
Total compensation to all claimants shall not
2.33exceed the amount of funds appropriated for Laws 1987, chapter 373. A crop owner who
2.34receives compensation under this section may, by written permission, permit hunting
2.35on the land at the landowner's discretion.
3.1 Subd. 6.
Denial of claim; appeal. (a) If the commissioner denies compensation
3.2claimed by a crop
or pasture owner under this section, the commissioner shall issue a
3.3written decision based upon the available evidence including a statement of the facts upon
3.4which the decision is based and the conclusions on the material issues of the claim. A
3.5copy of the decision must be mailed to the crop
or pasture owner.
3.6(b) A decision denying compensation claimed under this section is not subject to the
3.7contested case review procedures of chapter 14, but a crop
or pasture owner may have
3.8the claim reviewed in a trial de novo in a court in the county where the loss occurred.
3.9The decision of the court may be appealed as in other civil cases. Review in court may
3.10be obtained by filing a petition for review with the administrator of the court within 60
3.11days following receipt of a decision under this section. Upon the filing of a petition, the
3.12administrator shall mail a copy to the commissioner and set a time for hearing within
3.1390 days after the filing.
3.14 Subd. 7.
Rules. The commissioner shall adopt rules and may
adopt emergency
3.15rules and amend rules to carry out this section.
The commissioner may use the expedited
3.16rulemaking process in section 14.389 to adopt and amend rules authorized in this section.
3.17The rules must include:
3.18(1) methods of valuation of crops damaged or destroyed;
3.19(2) criteria for determination of the cause of the crop damage or destruction;
3.20(3) notice requirements by the owner of the damaged or destroyed crop;
and
3.21(4)
compensation rates for fence damage or destruction that shall include a minimum
3.22claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
3.23(5) any other matters determined necessary by the commissioner to carry out this
3.24section.
3.25 Sec. 2. Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:
3.26 Subd. 2.
Restriction. After July 1, 2002, an agency may not enter into a contract or
3.27otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
3.28valued at more than $100,000 annually in exchange for the agency providing nonmonetary
3.29consideration, unless such an agreement is specifically authorized by law. This subdivision
3.30does not apply to the State Lottery
or private aquaculture businesses involved in state
3.31stocking contracts.
3.32 Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
3.33 Subd. 8.
Containment facility. "Containment facility" means a licensed facility for
3.34salmonids
or, catfish
, or species on the viral hemorrhagic septicemia (VHS) susceptible
4.1list published by the United States Department of Agriculture, Animal and Plant Health
4.2Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
4.3(1) disinfects its effluent to the standards in section
17.4991 before the effluent is
4.4discharged to public waters;
4.5(2) does not discharge to public waters or to waters of the state directly connected to
4.6public waters;
4.7(3) raises aquatic life that is prohibited from being released into the wild and must be
4.8kept in a facility approved by the commissioner unless processed for food consumption;
4.9(4) contains aquatic life requiring a fish health inspection prior to transportation.
4.10 Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
4.11to read:
4.12 Subd. 10a. Fish collector. "Fish collector" means an individual who has been
4.13certified under section 17.4989 to oversee the collection of fish samples from a facility or
4.14a water body for disease testing by a certified laboratory.
4.15 Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
4.16 Subd. 12.
Fish health inspection. (a) "Fish health inspection" means an on-site,
4.17statistically based sampling
, collection, and testing of fish in accordance with processes
4.18in the Fish Health Blue Book
for all lots of fish in a facility or the Diagnostic Manual
4.19for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
4.20to test for causative pathogens. The samples for inspection must be collected by a fish
4.21health inspector or a fish collector in cooperation with the producer. Testing of samples
4.22must be done by an approved laboratory.
4.23(b) The inspection
for viral hemorrhagic septicemia (VHS), infectious pancreatic
4.24necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
4.25nonsalmonids must include at
least a minimum viral testing of ovarian fluids at the 95
4.26percent confidence level of detecting two percent incidence of disease
(ovarian fluids must
4.27be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
4.28necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
4.29five percent incidence of disease. The inspection must be performed by a fish health
4.30inspector in cooperation with the producer with subsequent examination of the collected
4.31tissues and fluids for the detection of certifiable diseases.
4.32(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
4.33the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
5.1 Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
5.2 Subd. 13.
Fish health inspector. "Fish health inspector" means an individual
5.3certified as a fish health inspector
or an aquatic animal health inspector by the American
5.4Fisheries Society or state, federal, or provincial resource management agency, except
5.5that a certification may not be made by an inspector who has a conflict of interest in
5.6connection with the outcome of the certification.
5.7 Sec. 7.
[17.4989] FISH SAMPLE COLLECTING.
5.8 Subdivision 1. Training. Fish collector training may be offered by any organization
5.9or agency that has had its class and practicum syllabus approved by the commissioner.
5.10The class and practicum must include the following components:
5.11(1) accurate identification of licensed water bodies listed according to section
5.1217.4984 and ensuring that collection is taking place at the correct site;
5.13(2) identification of fish internal organs;
5.14(3) fish dissection and sample preparation as identified by the Department of Natural
5.15Resources based on specific testing requirements or as outlined in the Fish Health
5.16Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
5.17International Office of Epizootics (OIE);
5.18(4) recording and reporting data;
5.19(5) sample preparation and shipping;
5.20(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
5.21by a certified fish health inspector; and
5.22(7) a certificate of successful completion signed by a certified fish health inspector
5.23on a form provided by the commissioner.
5.24 Subd. 2. Certification time period. Fish collector certification is valid for five years
5.25and is not transferable. A person may renew certification only by successfully completing
5.26certification training. Certification shall be revoked if the certified person is convicted
5.27of violating any of the statutes or rules governing testing for aquatic species diseases.
5.28Certification may be suspended during an investigation associated with misconduct or
5.29violations of fish health testing and collection. The commissioner shall notify the person
5.30that certification is being revoked or suspended.
5.31 Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
5.32from a facility or a water body when the collector has a conflict of interest in connection
5.33with the outcome of the testing.
5.34 Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
6.1 Subd. 3.
Fish health inspection. (a) An aquatic farm propagating
trout, salmon,
6.2or salmonids, catfish
, or species on the viral hemorrhagic septicemia (VHS) susceptible
6.3list published by the United States Department of Agriculture, Animal and Plant Health
6.4Inspection Services, and having an effluent discharge from the aquatic farm into public
6.5waters must have a fish health inspection conducted at least once every 12 months by a
6.6certified fish health inspector. Testing must be conducted according to
approved laboratory
6.7methods
of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
6.8Diseases, published by the International Office of Epizootics (OIE).
6.9(b)
An aquatic farm propagating any species on the VHS susceptible list and having
6.10an effluent discharge from the aquatic farm into public waters must test for VHS virus
6.11using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
6.12Animal Diseases. The commissioner may, by written order published in the State Register,
6.13prescribe alternative testing time periods and methods from those prescribed in the Fish
6.14Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
6.15biosecurity measures will not be compromised. These alternatives are not subject to the
6.16rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
6.17must provide reasonable notice to affected parties of any changes in testing requirements.
6.18(c) Results of fish health inspections must be provided to the commissioner for all
6.19fish that remain in the state. All data used to prepare and issue a fish health certificate must
6.20be maintained for three years by the issuing fish health inspector, approved laboratory, or
6.21accredited veterinarian.
6.22(d) A health inspection fee must be charged based on each lot of fish sampled. The
6.23fee by check or money order payable to the Department of Natural Resources must be
6.24prepaid or paid at the time a bill or notice is received from the commissioner that the
6.25inspection and processing of samples is completed.
6.26(c) (e) Upon receipt of payment and completion of inspection, the commissioner
6.27shall notify the operator and issue a fish health certificate. The certification must be made
6.28according to the Fish Health Blue Book
or the Diagnostic Manual for Aquatic Animal
6.29Diseases by a person certified as a fish health inspector.
6.30(d) (f) All aquatic life in transit or held at transfer stations within the state may
6.31be inspected by the commissioner. This inspection may include the collection of stock
6.32for purposes of pathological analysis. Sample size necessary for analysis will follow
6.33guidelines listed in the Fish Health Blue Book.
6.34(e) (g) Salmonids
and, catfish
, or species on the VHS susceptible list must have a
6.35fish health inspection before being transported from a containment facility, unless the
6.36fish are being transported directly to an outlet for processing or other food purposes or
7.1unless the commissioner determines that an inspection is not needed. A fish health
7.2inspection conducted for this purpose need only be done on the lot or lots of fish that will
7.3be transported. The commissioner must conduct a fish health inspection requested for this
7.4purpose within five working days of receiving written notice. Salmonids and catfish may
7.5be immediately transported from a containment facility to another containment facility
7.6once a sample has been obtained for a health inspection or once the five-day notice
7.7period has expired.
7.8 Sec. 9. Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:
7.9 Subd. 4.
Sale of eggs by the state. The commissioner may offer for sale
or barter
7.10as eggs or fry
up to two percent of from the department's annual game fish egg harvest.
7.11Additional eggs or fry may be sold if they are surplus to this state's program needs.
7.12 Sec. 10. Minnesota Statutes 2010, section 17.4994, is amended to read:
7.1317.4994 SUCKER EGGS.
7.14Sucker eggs may be taken from public waters with a sucker egg license endorsement
,
7.15which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
7.16of licensed surface waters except that for intensive culture systems, sucker eggs may be
7.17taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed
7.18in section 97A.475, subdivision 29.
The Taking
of sucker eggs from public waters is
7.19subject to chapter 97C and may be supervised by the commissioner.
The commissioner
7.20may limit the amount of sucker eggs that a person with a sucker egg license endorsement
7.21may take based on the number of sucker eggs taken historically by the licensee, new
7.22requests for eggs, and the condition of the spawning runs at those historical streams and
7.23rivers that have produced previous annual quotas.
7.24 Sec. 11. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
7.25 Subdivision 1.
Preparation. The commissioner of natural resources shall prepare
7.26a comprehensive fish and wildlife management
plan plans designed to accomplish the
7.27policy of section
84.941.
The comprehensive fish and wildlife management plan shall
7.28include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
7.29by July 1, 1986. The management plan must also include the long-range and operational
7.30plans as described in subdivisions 3 and 4. The management plan must be completed by
7.31July 1, 1988.
7.32 Sec. 12. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
8.1 Subd. 2.
Purposes and expenditures. Money from the reinvest in Minnesota
8.2resources fund may only be spent for the following fish and wildlife conservation
8.3enhancement purposes:
8.4(1) development and implementation of the
comprehensive fish and wildlife
8.5management
plan plans under section
84.942;
8.6(2) implementation of the reinvest in Minnesota reserve program established by
8.7section
103F.515;
8.8(3) soil and water conservation practices to improve water quality, reduce soil
8.9erosion and crop surpluses;
8.10(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
8.11wetlands, and public and private forest lands;
8.12(5) acquisition and development of public access sites and recreation easements to
8.13lakes, streams, and rivers for fish and wildlife oriented recreation;
8.14(6) matching funds with government agencies, federally recognized Indian tribes and
8.15bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
8.16(7) research and surveys of fish and wildlife species and habitat;
8.17(8) enforcement of natural resource laws and rules;
8.18(9) information and education;
8.19(10) implementing the aspen recycling program under section
88.80 and for other
8.20forest wildlife management projects; and
8.21(11) necessary support services to carry out these purposes.
8.22 Sec. 13. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
8.23 Subd. 2a.
Harvest of bait from infested waters. The commissioner may issue a
8.24permit to allow the harvest of bait
:
8.25 (1) from waters that are designated as infested waters, except those designated
8.26because they contain prohibited invasive species of fish
or certifiable diseases of fish as
8.27defined in section 17.4982, subdivision 6; and
8.28 (2) from infested waters as allowed under section 97C.341, paragraph (c).
8.29 The permit shall include conditions necessary to avoid spreading aquatic invasive
8.30species. Before receiving a permit, a person annually must satisfactorily complete aquatic
8.31invasive species-related training provided by the commissioner.
8.32EFFECTIVE DATE.This section is effective the day following final enactment.
8.33 Sec. 14. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
9.1 Subd. 24.
Game birds. "Game birds" means migratory waterfowl, ring-necked
9.2pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
9.3partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
9.4dove,
sandhill crane, American woodcock, and common snipe.
9.5 Sec. 15. Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:
9.6 Subd. 45.
Small game. "Small game" means game birds, gray squirrel, fox squirrel,
9.7cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat,
gray wolf, red fox
9.8and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink,
9.9otter, and beaver.
9.10 Sec. 16. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
9.11 Subd. 49.
Undressed bird. "Undressed bird" means:
9.12(1) a bird, excluding
migratory waterfowl, pheasant, Hungarian partridge, turkey, or
9.13grouse ducks, with
feet and a fully feathered
head wing intact;
9.14(2) a
migratory waterfowl, excluding geese, duck with a fully feathered wing and
9.15head attached;
or
9.16(3) a pheasant, Hungarian partridge,
or wild turkey
, or grouse with one leg and foot
9.17or the fully feathered head or wing intact
; or
9.18(4) a goose with a fully feathered wing attached.
9.19 Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
9.20 Subd. 52.
Unprotected birds. "Unprotected birds" means English sparrow,
9.21blackbird, starling, magpie, cormorant, common pigeon,
Eurasian collared dove, chukar
9.22partridge, quail other than bobwhite quail, and mute swan.
9.23 Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
9.24 Subd. 55.
Wild animals. "Wild animals" means all
living creatures,
whether dead or
9.25alive, not human, wild by nature, endowed with sensation and power of voluntary motion,
9.26and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
9.27EFFECTIVE DATE.This section is effective the day following final enactment.
9.28 Sec. 19. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
9.29 Subd. 3.
Emergency deterrent materials assistance. (a) For the purposes of
9.30this subdivision, "cooperative damage management agreement" means an agreement
9.31between a landowner or tenant and the commissioner that establishes a program for
10.1addressing the problem of destruction of the landowner's or tenant's specialty crops or
10.2stored forage crops by wild animals,
or destruction of agricultural crops by flightless
10.3Canada geese
, or destruction of agricultural crops or pasture by elk within the native elk
10.4range, as determined by the commissioner.
10.5 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
10.6materials assistance in controlling destruction of the landowner's or tenant's specialty
10.7crops or stored forage crops by wild animals,
or destruction of agricultural crops by
10.8flightless Canada geese
, or destruction of agricultural crops or pasture by elk within the
10.9native elk range, as determined by the commissioner. Subject to the availability of money
10.10appropriated for this purpose, the commissioner shall provide suitable deterrent materials
10.11when the commissioner determines that:
10.12 (1) immediate action is necessary to prevent significant damage from continuing; and
10.13 (2) a cooperative damage management agreement cannot be implemented
10.14immediately.
10.15 (c) A person may receive emergency deterrent materials assistance under this
10.16subdivision more than once, but the cumulative total value of deterrent materials provided
10.17to a person, or for use on a parcel, may not exceed
$3,000 $5,000 for specialty crops,
10.18$750 $1,500 for protecting stored forage crops
other than silage or grain, $3,000 for stored
10.19silage or grain, or
$500 $1,000 for agricultural crops damaged by flightless Canada geese.
10.20The value of deterrent materials provided to a person to help protect stored forage crops,
10.21agricultural crops, or pasture from damage by elk may not exceed $5,000. If a person is a
10.22co-owner or cotenant with respect to the
specialty crops for which the deterrent materials
10.23are provided, the deterrent materials are deemed to be "provided" to the person for the
10.24purposes of this paragraph.
10.25 (d) As a condition of receiving emergency deterrent materials assistance under this
10.26subdivision, a landowner or tenant shall enter into a cooperative damage management
10.27agreement with the commissioner. Deterrent materials provided by the commissioner may
10.28include repellents, fencing materials, or other materials recommended in the agreement
10.29to alleviate the damage problem. If requested by a landowner or tenant, any fencing
10.30materials provided must be capable of providing long-term protection of specialty crops.
10.31A landowner or tenant who receives emergency deterrent materials assistance under
10.32this subdivision shall comply with the terms of the cooperative damage management
10.33agreement.
10.34 Sec. 20. Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:
11.1 Subd. 6.
Walleye stamp. (a) Revenue from walleye stamps must be credited to the
11.2walleye stamp account. Money in the account must be used only for stocking
walleye
11.3walleyes purchased from the private sector in waters of the state
and related activities.
11.4 (b) Money in the account may not be used for costs unless they are directly related to
11.5a specific body of water under paragraph (a), or for costs associated with supplies and
11.6equipment to implement walleye stocking activities under paragraph (a).
11.7 Sec. 21. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
11.8 Subd. 3.
Fishing may not be restricted. Seasons or methods of taking fish
other
11.9than minnows may not be restricted under this section.
11.10 Sec. 22. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
11.11 Subd. 5.
Refunds. (a) The commissioner may issue a refund on a license, not
11.12including any issuing fees paid under section
97A.485, subdivision 6, if
the request is
11.13received within 90 days of the original license purchase and:
11.14 (1) the licensee dies before the opening of the licensed season. The original license
11.15and a copy of the death certificate must be provided to the commissioner;
11.16 (2) the licensee is unable to participate in the licensed activity because the licensee is
11.17called to active military duty or military leave is canceled during the entire open season of
11.18the licensed activity. The original license and a copy of the military orders or notice of
11.19cancellation of leave must be provided to the commissioner;
or
11.20 (3) the licensee purchased two licenses for the same license season in error
.; or
11.21(4) the licensee was not legally required to purchase the license to participate
11.22in the activity.
11.23 (b) This subdivision does not apply to lifetime licenses.
11.24 Sec. 23. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
11.25 Subdivision 1.
Owner responsibility; penalty amount. The owner of a dog that
11.26pursues but does not kill
or mortally wound a big game animal is subject to a civil penalty
11.27of $100 for each violation. The owner of a dog that kills
or mortally wounds a big game
11.28animal is subject to a civil penalty of $500 for each violation.
11.29 Sec. 24. Minnesota Statutes 2010, section 97A.331, is amended by adding a
11.30subdivision to read:
11.31 Subd. 4a. Hunting big game while under revocation. Notwithstanding section
11.3297A.421, subdivision 7, a person who takes big game during the time the person is
12.1prohibited from obtaining a license to take big game under section 97A.421 is guilty
12.2of a gross misdemeanor.
12.3 Sec. 25. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
12.4 Subd. 2.
Personal possession. (a) A person acting under a license or traveling from
12.5an area where a licensed activity was performed must have in personal possession either:
12.6(1) the proper license, if the license has been issued to and received by the person; or (2)
12.7the proper license identification number or stamp validation, if the license has been sold to
12.8the person by electronic means but the actual license has not been issued and received.
12.9 (b) If possession of a license or a license identification number is required, a person
12.10must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
12.11license if the license has been issued to and received by the person; or (2) the proper
12.12license identification number or stamp validation and a valid state driver's license, state
12.13identification card, or other form of identification provided by the commissioner, if the
12.14license has been sold to the person by electronic means but the actual license has not been
12.15issued and received. A person charged with violating the license possession requirement
12.16shall not be convicted if the person produces in court or the office of the arresting officer,
12.17the actual license previously issued to that person, which was valid at the time of arrest,
12.18or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
12.19request of a conservation officer or peace officer, a licensee shall write the licensee's name
12.20in the presence of the officer to determine the identity of the licensee.
12.21 (c) If the actual license has been issued and received, a receipt for license fees, a
12.22copy of a license, or evidence showing the issuance of a license, including the license
12.23identification number or stamp validation, does not entitle a licensee to exercise the rights
12.24or privileges conferred by a license.
12.25 (d) A license issued electronically and not immediately provided to the licensee
12.26shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
12.27migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
12.28the licensee after purchase of a stamp validation only if the licensee pays an additional
$2
12.29fee
that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
12.30stamp may be purchased for a
$2 fee
. that covers the costs of producing and mailing the
12.31pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
12.32order published in the State Register, establish fees for providing the pictorial stamps.
12.33The fees must be set in an amount that does not recover significantly more or less than
12.34the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
12.35provisions of chapter 14, and section 14.386 does not apply.
13.1 Sec. 26. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
13.2 Subd. 2.
Transfer prohibited. A person may not lend, transfer, borrow, or solicit
13.3a license or permit, license identification number, application for a license or permit,
13.4coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
13.5or seal not issued to the person unless otherwise expressly authorized.
A person may
13.6transfer a license, as prescribed by the commissioner, for use by a person with a severe
13.7disability or critical illness who is participating in a hunting or fishing program sponsored
13.8by a nonprofit organization.
13.9 Sec. 27. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
13.10 Subd. 3.
Reports. Except for persons licensed to mount specimens of wild
13.11animals, an annual report covering the preceding license year must be submitted to the
13.12commissioner by March 15. The commissioner may require other reports for statistical
13.13purposes. The reports must be on forms supplied
or approved by the commissioner.
13.14 Sec. 28. Minnesota Statutes 2010, section 97A.433, is amended by adding a
13.15subdivision to read:
13.16 Subd. 5. Mandatory separate selection. The commissioner must conduct
13.17a separate selection for 20 percent of the elk licenses to be issued each year. Only
13.18individuals who have applied at least ten times for an elk license and who have never
13.19received a license are eligible for this separate selection.
13.20 Sec. 29. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
13.21 Subdivision 1.
Number of licenses to be issued License issuance. The
13.22commissioner shall include in
a rule setting the dates for a turkey season the number of
13.23licenses to be issued rules setting turkey seasons the methods for issuing licenses for
13.24those seasons.
13.25 Sec. 30. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
13.26 Subd. 1a.
Angling in a state park. (a) A resident may take fish by angling without
13.27an angling license
:
13.28(1) when shore fishing or wading on state-owned land within a state park
.; or
13.29(2) when angling from a boat or float
, this subdivision applies only to those or
13.30through the ice on water bodies completely encompassed within the statutory boundary of
13.31the state park.
14.1(b) The exemption from an angling license does not apply to waters where a trout
14.2stamp is required.
14.3 Sec. 31. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:
14.4 Subd. 5.
Preference to service members. (a) For purposes of this subdivision:
14.5(1) "qualified service member or veteran" means a Minnesota resident who
:
14.6(i) is currently serving, or has served at any time during the past 24 months, in active
14.7service as a member of the United States armed forces, including the National Guard or
14.8other military reserves
;
14.9(ii) has received a Purple Heart medal for qualifying military service, as shown by
14.10official military records; or
14.11(iii) has a service-connected disability rated at 100 percent as defined by the United
14.12States Department of Veterans Affairs; and
14.13(2) "active service" means service defined under section
190.05, subdivision 5b or 5c.
14.14(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
14.15administrative rules, the commissioner
may shall give first preference to qualified service
14.16members or veterans in any drawing or lottery involving the selection of applicants for
14.17hunting or fishing licenses, permits, and special permits. This subdivision does not
14.18apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the
14.19commissioner under this subdivision are not rules under the Administrative Procedure Act
14.20and section
14.386 does not apply.
14.21 Sec. 32. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
14.22 Subd. 7.
Nonresident fishing. (a) Fees for the following licenses, to be issued
14.23to nonresidents, are:
14.24 (1) to take fish by angling, $37.50;
14.25 (2) to take fish by angling limited to seven consecutive days selected by the licensee,
14.26$26.50;
14.27 (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
14.28 (4) to take fish by angling for a combined license for a family for one or both parents
14.29and dependent children under the age of 16, $50.50;
14.30 (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
14.31 (6) to take fish by angling for a combined license for a married couple, limited to 14
14.32consecutive days selected by one of the licensees, $38.50; and
14.33(7) to take fish by spearing from a dark house, $37.50.
15.1 (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
15.2issued under paragraph (a), clause (5)
, and licenses purchased at the resident fee by
15.3nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An
15.4additional commission may not be assessed on this surcharge.
15.5 Sec. 33. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
15.6 Subd. 2.
Possession of unlawful animals brought into state prohibited. (a) A
15.7person may not possess a wild animal that has been unlawfully taken, bought, sold, or
15.8possessed outside the state, or unlawfully shipped into the state.
15.9(b) When entering the state from Canada, a person who possesses fish that were
15.10unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
15.11for possessing fish that were unlawfully taken or possessed in the state.
15.12 Sec. 34. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
15.13 Subd. 5.
Birds must be in undressed condition; exceptions. (a) Except as
15.14provided in paragraph (b), a person may ship or otherwise transport game birds in an
15.15undressed condition only.
15.16(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
15.17(1) were taken on a shooting preserve and are marked or identified in accordance
15.18with section
97A.121, subdivision 5;
15.19(2) were taken, dressed, and lawfully shipped or otherwise transported in another
15.20state;
or
15.21(3) are migratory game birds that were lawfully tagged and packed by a federally
15.22permitted migratory bird preservation facility
.; or
15.23(4) are doves shipped or transported in accordance with federal law.
15.24 Sec. 35.
[97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
15.25A parent or legal guardian of a minor may not knowingly direct, allow, or permit
15.26the minor to hunt without the required license, permit, training, or certification, or in
15.27violation of the game and fish laws.
15.28 Sec. 36. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
15.29 Subd. 2.
Apprentice hunter validation requirements. A resident born after
15.30December 31, 1979, who is age 12 or
older over and who does not possess a
hunter
15.31education firearms safety certificate may be issued an apprentice hunter validation. An
15.32apprentice hunter validation
is valid for only one may be purchased two license
year years
16.1in a lifetime
and used to obtain hunting licenses during the same license year that the
16.2validation is purchased. An individual in possession of an apprentice hunter validation
16.3may hunt small game
and, deer
, and bear only when accompanied by an adult licensed to
16.4hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
16.5An apprentice hunter validation holder must obtain all required licenses and stamps.
16.6 Sec. 37. Minnesota Statutes 2010, section 97B.041, is amended to read:
16.797B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
16.8IN DEER ZONES.
16.9 (a) A person may not possess a firearm or ammunition outdoors during the period
16.10beginning the fifth day before the open firearms season and ending the second day after
16.11the close of the season within an area where deer may be taken by a firearm, except:
16.12 (1) during the open season and in an area where big game may be taken, a firearm
16.13and ammunition authorized for taking big game in that area may be used to take big game
16.14in that area if the person has a valid big game license in possession;
16.15 (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
16.16 (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
16.17or steel shot;
16.18 (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
16.19including .22 magnum caliber cartridges;
16.20 (5) handguns possessed by a person authorized to carry a handgun under sections
16.21624.714
and
624.715 for the purpose authorized; and
16.22 (6) on a target range operated under a permit from the commissioner.
16.23 (b) This section does not apply during an open firearms season in an area where deer
16.24may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
16.25taking of deer may be possessed only by persons with a valid license to take deer by
16.26muzzleloader during
that the muzzleloader season.
A person with a valid license to take
16.27deer by hunting during the muzzleloader season may not possess a firearm other than:
16.28(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
16.291; and
16.30(2) a handgun, as provided in paragraph (a), clause (4) or (5).
16.31 Sec. 38. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
16.32 Subd. 3.
Hunting from vehicle by disabled hunters. (a) The commissioner may
16.33issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
16.34stationary motor vehicle to a person who obtains the required licenses and who has a
17.1permanent physical disability that is more substantial than discomfort from walking. The
17.2permit recipient must be:
17.3(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
17.4other mechanical support or prosthetic device; or
17.5(2) unable to walk any distance because of a permanent lung, heart, or other internal
17.6disease that requires the person to use supplemental oxygen to assist breathing.
17.7(b) The permanent physical disability must be established by medical evidence
17.8verified in writing by a licensed physician
or, chiropractor
, or certified nurse practitioner
17.9or certified physician assistant acting under the direction of a licensed physician. The
17.10commissioner may request additional information from the physician or chiropractor
17.11if needed to verify the applicant's eligibility for the permit. Notwithstanding section
17.1297A.418
, the commissioner may, in consultation with appropriate advocacy groups,
17.13establish reasonable minimum standards for permits to be issued under this section. In
17.14addition to providing the medical evidence of a permanent disability, the applicant must
17.15possess a valid disability parking certificate authorized by section
169.345 or license
17.16plates issued under section
168.021.
17.17(c) A person issued a special permit under this subdivision and hunting deer may
17.18take a deer of either sex, except in those antlerless permit areas and seasons where no
17.19antlerless permits are offered. This subdivision does not authorize another member of a
17.20party to take an antlerless deer under section
97B.301, subdivision 3.
17.21(d) A permit issued under this subdivision is valid for five years.
17.22(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
17.23this section for cause, including a violation of the game and fish laws or rules.
17.24(f) A person who knowingly makes a false application or assists another in making a
17.25false application for a permit under this section is guilty of a misdemeanor. A physician
,
17.26certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
17.27certifies to the commissioner that a person is permanently disabled as described in this
17.28section is guilty of a misdemeanor.
17.29(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
17.30the entire life of the applicant if the commissioner determines that there is no chance
17.31that an applicant will become ineligible for a permit under this section and the applicant
17.32requests a lifetime permit.
17.33 Sec. 39. Minnesota Statutes 2010, section 97B.075, is amended to read:
17.3497B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
18.1 (a) A person may not take protected wild animals, except raccoon and fox, with
18.2a firearm between the evening and morning times established by commissioner's rule
,
18.3except as provided in this section.
18.4 (b) Big game may be taken from one-half hour before sunrise until one-half hour
18.5after sunset.
18.6 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
18.7nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
18.8during the entire season prescribed by the commissioner. On the opening day of the duck
18.9season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.
18.10 Sec. 40. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
18.11 Subdivision 1.
Qualifications for crossbow permits. (a) The commissioner may
18.12issue a special permit, without a fee, to take big game, small game, or rough fish with a
18.13crossbow to a person that is unable to hunt or take rough fish by archery because of a
18.14permanent or temporary physical disability. A crossbow permit issued under this section
18.15also allows the permittee to use a bow with a mechanical device that draws, releases, or
18.16holds the bow at full draw as provided in section
97B.035, subdivision 1, paragraph (a).
18.17 (b) To qualify for a crossbow permit under this section, a temporary disability
18.18must render the person unable to hunt or fish by archery for a minimum of two years
18.19after application for the permit is made. The permanent or temporary disability must
18.20be established by medical evidence, and the inability to hunt or fish by archery for the
18.21required period of time must be verified in writing by
(1) a licensed physician
or a certified
18.22nurse practitioner or certified physician assistant acting under the direction of a licensed
18.23physician; or
(2) a licensed chiropractor. A person who has received a special permit
18.24under this section because of a permanent disability is eligible for subsequent special
18.25permits without providing medical evidence and verification of the disability.
18.26 (c) The person must obtain the appropriate license.
18.27 Sec. 41. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
18.28 Subdivision 1.
Possession of firearms prohibited. (a) A person may not take deer
18.29by archery while in possession of a firearm.
18.30(b) Paragraph (a) does not apply to a person carrying a handgun in compliance
18.31with section 624.714.
18.32 Sec. 42. Minnesota Statutes 2010, section 97B.425, is amended to read:
18.3397B.425 BAITING BEARS.
19.1 Notwithstanding section
609.68, a person may place bait to take bear and must
19.2display a tag at each site where bait is placed and register the sites. The commissioner
19.3shall prescribe the method of tagging and registering the sites. The tag displayed at each
19.4site where bait is placed must contain
identification information: (1) the licensee's name
19.5and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license
19.6identification number issued to the licensee for a licensed bear hunter or a licensed bear
19.7outfitter. A person must have the license identification number of the person with the bear
19.8license in their possession or be a licensed bear outfitter while attending a bear bait station.
19.9To attract bear a person may not use a bait with:
19.10 (1) a carcass from a mammal, if the carcass contains more than 25 percent of the
19.11intact carcass;
19.12 (2) meat from mammals, if the meat contains bones;
19.13 (3) bones of mammals;
19.14 (4) solid waste containing bottles, cans, plastic, paper, or metal;
19.15 (5) materials that are not readily biodegradable; or
19.16 (6) any part of a swine, except cured pork.
19.17 Sec. 43. Minnesota Statutes 2010, section 97B.515, is amended by adding a
19.18subdivision to read:
19.19 Subd. 4. Taking elk causing damage or nuisance. The commissioner may
19.20authorize licensed hunters to take elk that are causing damage or nuisance from August
19.2115 to March 1 under rules prescribed by the commissioner. The commissioner may issue
19.22licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
19.23their application that they would be interested and available to respond to an elk damage
19.24or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
19.25person receiving a license to hunt elk under this subdivision does not lose eligibility
19.26for future elk hunts.
19.27 Sec. 44. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:
19.28 Subd. 9.
Open season. There shall be no open season for gray wolves
for five years
19.29until after the gray wolf is delisted under the federal Endangered Species Act of 1973.
19.30After that time, the commissioner may prescribe open seasons and restrictions for taking
19.31gray wolves but must provide opportunity for public comment.
19.32 Sec. 45. Minnesota Statutes 2010, section 97B.711, is amended by adding a subdivision
19.33to read:
20.1 Subd. 4. Shooting grouse prohibited near motor vehicle. A person in the vicinity
20.2of a motor vehicle may not discharge a firearm or an arrow from a bow at a grouse, or
20.3at a decoy of a grouse placed by an enforcement officer, unless the person is at least ten
20.4feet from the vehicle. This subdivision does not apply to a person with a disability permit
20.5issued under section 97B.055, subdivision 3.
20.6 Sec. 46. Minnesota Statutes 2010, section 97B.803, is amended to read:
20.797B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
20.8(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory
20.9waterfowl in accordance with federal law.
20.10(b) The regular duck season may not open before the Saturday closest to October 1.
20.11 Sec. 47. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
20.12 Subd. 3.
Seasons, limits, and other rules. The commissioner may, in accordance
20.13with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
20.14establish open seasons, limits, methods, and other requirements for taking fish on special
20.15management waters.
The commissioner may, by written order published in the State
20.16Register, amend daily, possession, or size limits to make midseason adjustments based
20.17on available harvest, angling pressure, and population data to manage the fisheries in the
20.181837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
20.19v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
20.20size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
20.21does not apply. Before the written order is effective, the commissioner shall attempt to
20.22notify persons or groups of persons affected by the written order by public announcement,
20.23posting, and other appropriate means as determined by the commissioner.
20.24EFFECTIVE DATE.This section is effective the day following final enactment.
20.25 Sec. 48. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
20.26 Subd. 3.
Contests requiring a permit. (a)
Unless subdivision 3a applies, a person
20.27must have a permit from the commissioner to conduct a fishing contest
that does not meet
20.28the criteria in subdivision 2. if:
20.29(1) there are more than 25 boats for open water contests, more than 150 participants
20.30for ice fishing contests, or more than 100 participants for shore fishing contests;
20.31(2) entry fees are more than $25 per person; or
20.32(3) the contest is limited to trout species.
21.1(b) The commissioner shall charge a fee for the permit that recovers the costs of
21.2issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
21.3section
16A.1283, the commissioner may, by written order published in the State Register,
21.4establish contest permit fees. The fees are not subject to the rulemaking provisions of
21.5chapter 14 and section
14.386 does not apply.
21.6 (b) (c) The commissioner may require the applicant to furnish evidence of financial
21.7responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
21.8if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
21.9if the applicant has either:
21.10 (1) not previously conducted a fishing contest requiring a permit under this
21.11subdivision; or
21.12 (2) ever failed to make required prize awards in a fishing contest conducted by
21.13the applicant
, the commissioner may require the applicant to furnish the commissioner
21.14evidence of financial responsibility in the form of a surety bond or bank letter of credit in
21.15the amount of $25,000.
21.16 (c) (d) The permit fee for any individual contest may not exceed the following
21.17amounts:
21.18 (1) $60 for an open water contest not exceeding 50 boats and without off-site
21.19weigh-in;
21.20 (2) $200 for an open water contest with more than 50 boats and without off-site
21.21weigh-in;
21.22 (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
21.23 (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
21.24 (5) $120 for an ice fishing contest with more than 150 participants.
21.25 Sec. 49. Minnesota Statutes 2010, section 97C.081, is amended by adding a
21.26subdivision to read:
21.27 Subd. 3a. Contests without a permit. A person may conduct a fishing contest
21.28without a permit from the commissioner if:
21.29(1) the contest is not limited to specifically named waters;
21.30(2) all the contest participants are age 18 years or under;
21.31(3) the contest is limited to rough fish; or
21.32(4) the total prize value is $500 or less.
21.33 Sec. 50. Minnesota Statutes 2010, section 97C.081, subdivision 4, is amended to read:
22.1 Subd. 4.
Restrictions. (a) The commissioner may by rule establish restrictions on
22.2fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
22.3to restrict activities that affect research or management work, to restrict the number of
22.4boats, and for the safety of contest participants.
22.5(b) By March 1, 2011, the commissioner shall develop a best practices certification
22.6program for fishing contest organizers to ensure the proper handling and release of fish.
22.7(c) Fishing tournament organizers shall take preventive measures to reduce the
22.8spread of invasive species, as defined in section 84D.01, subdivision 9a.
22.9 Sec. 51. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
22.10 Subd. 2.
Application for tag. Application for special fish management tags must
22.11be accompanied by a $5, nonrefundable application fee for each tag. A person may not
22.12make more than one tag application each
calendar year. If a person makes more than one
22.13application, the person is ineligible for a special fish management tag for that
season
22.14calendar year after determination by the commissioner, without a hearing.
22.15 Sec. 52. Minnesota Statutes 2010, section 97C.205, is amended to read:
22.1697C.205 TRANSPORTING AND STOCKING FISH.
22.17 (a) Except on the water body where taken, a person may not transport a live fish in a
22.18quantity of water sufficient to keep the fish alive, unless the fish:
22.19 (1) is being transported under an aquaculture license as authorized under sections
22.2017.4985
and
17.4986;
22.21 (2) is being transported for a fishing contest weigh-in under section
97C.081;
22.22 (3) is a minnow being transported under section
97C.505 or
97C.515;
22.23 (4) is being transported by a commercial fishing license holder under section
22.2497C.821
; or
22.25 (5) is being transported as otherwise authorized in this section or as prescribed for
22.26certifiable diseases under sections 17.46 to 17.4999.
22.27 (b) The commissioner may adopt rules to allow and regulate:
22.28 (1) the transportation of fish and fish eggs; and
22.29 (2) the stocking of waters with fish or fish eggs.
22.30 (c) The commissioner must allow the possession of fish on special management or
22.31experimental waters to be prepared as a meal on the ice or on the shore of that water
22.32body if the fish:
22.33 (1) were lawfully taken;
22.34 (2) have been packaged by a licensed fish packer; and
23.1 (3) do not otherwise exceed the statewide possession limits.
23.2 (d) The commissioner shall prescribe rules designed to encourage local sporting
23.3organizations to propagate game fish by using rearing ponds. The rules must:
23.4 (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
23.5 (2) allow the sporting organizations to own and use seines and other necessary
23.6equipment; and
23.7 (3) prescribe methods for stocking the fish in public waters that give priority to the
23.8needs of the community where the fish are reared and the desires of the organization
23.9operating the rearing pond.
23.10 (e) A person age 16 or under may, for purposes of display in a home aquarium,
23.11transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
23.12crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
23.13and brown bullheads taken by angling
, except as otherwise ordered by the commissioner
23.14upon documentation of an emergency fish disease in Minnesota waters, as defined in
23.15section 17.4982, subdivision 9. No more than four of each species may be transported at
23.16any one time, and any individual fish can be no longer than ten inches in total length.
The
23.17commissioner may, by written order published in the State Register, prohibit transportation
23.18of live fish under this paragraph to help prevent spread of an emergency fish disease
23.19documented to occur in Minnesota waters. The order is exempt from the rulemaking
23.20provisions of chapter 14 and section 14.386 does not apply.
23.21 Sec. 53. Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:
23.22 Subd. 5.
Price of walleye game fish fry and eggs. (a) The commissioner may not
23.23sell
walleye game fish fry
or eggs for less than
fair market value, defined as the average
23.24price charged by private walleye fry wholesalers located in Minnesota the cost associated
23.25with the production of eggs or fry.
23.26(b) For every 86 pounds of walleye fingerlings contracted to sell to the state,
23.27one quart of eggs or fry equivalent may be offered to purchase or barter with private
23.28aquaculture vendors.
23.29 Sec. 54. Minnesota Statutes 2010, section 97C.341, is amended to read:
23.3097C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
23.31(a) A person may not use live minnows imported from outside of the state, game
23.32fish, goldfish, or carp for bait.
The commissioner may, by written order published in
23.33the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
24.1their use. The order is exempt from the rulemaking provisions of chapter 14 and section
24.214.386 does not apply.
24.3(b) A person may not import or possess live, frozen, or processed bait from known
24.4waters where viral hemorrhagic septicemia has been identified as being present
, except as
24.5provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
24.6worms, amphibians, invertebrates, and insects used for
angling taking wild animals in
24.7waters of the state.
24.8 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
24.9be used as:
24.10 (1) fresh or frozen bait only on Lake Superior; or
24.11 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
24.12manner prescribed by rules adopted by the commissioner.
24.13EFFECTIVE DATE.This section is effective the day following final enactment.
24.14 Sec. 55. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
24.15 Subd. 9.
Powers and duties. In addition to the powers and duties prescribed
24.16elsewhere, the board shall:
24.17(1) coordinate the water and soil resources planning
and implementation activities of
24.18counties, soil and water conservation districts, watershed districts, watershed management
24.19organizations, and any other local units of government through its various authorities for
24.20approval of local plans, administration of state grants,
contracts and easements, and by
24.21other means as may be appropriate;
24.22(2) facilitate communication and coordination among state agencies in cooperation
24.23with the Environmental Quality Board, and between state and local units of government,
24.24in order to make the expertise and resources of state agencies involved in water and soil
24.25resources management available to the local units of government to the greatest extent
24.26possible;
24.27(3) coordinate state and local interests with respect to the study in southwestern
24.28Minnesota under United States Code, title 16, section 1009;
24.29(4) develop information and education programs designed to increase awareness
24.30of local water and soil resources problems and awareness of opportunities for local
24.31government involvement in preventing or solving them;
24.32(5) provide a forum for the discussion of local issues and opportunities relating
24.33to water and soil resources management;
24.34(6) adopt an annual budget and work program that integrate the various functions
24.35and responsibilities assigned to it by law; and
25.1(7) report to the governor and the legislature by October 15 of each even-numbered
25.2year with an assessment of board programs and recommendations for any program
25.3changes and board membership changes necessary to improve state and local efforts
25.4in water and soil resources management.
25.5The board may accept grants, gifts, donations, or contributions in money, services,
25.6materials, or otherwise from the United States, a state agency, or other source to achieve
25.7an authorized
or delegated purpose. The board may enter into a contract or agreement
25.8necessary or appropriate to accomplish the transfer.
The board may conduct or participate
25.9in local, state, or federal programs or projects that have as one purpose or effect the
25.10preservation or enhancement of water and soil resources and may enter into and administer
25.11agreements with local governments or landowners or their designated agents as part
25.12of those programs or projects. The board may receive and expend money to acquire
25.13conservation easements, as defined in chapter 84C, on behalf of the state and federal
25.14government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
25.15Any money received is hereby deposited in an account in a fund other than the
25.16general fund and appropriated and dedicated for the purpose for which it is granted.
25.17 Sec. 56.
[348.125] COYOTE CONFLICT MANAGEMENT OPTION.
25.18A county or town board may, by resolution, offer a bounty for the taking of coyotes
25.19(Canis latrans) by all legal methods. The resolution may be made applicable to the whole
25.20or any part of the county or town. The bounty must apply during the months specified in
25.21the resolution and be in an amount determined by the board.
25.22EFFECTIVE DATE.This section is effective the day following final enactment.
25.23 Sec. 57. Minnesota Statutes 2010, section 604A.24, is amended to read:
25.24604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS;
25.25MUNICIPAL POWER AGENCY LAND.
25.26Unless otherwise agreed in writing, sections
604A.22 and
604A.23 also apply to
25.27the duties and liability of an owner of the following land:
25.28(1) land leased to the state or any political subdivision for recreational purpose; or
25.29(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave,
25.30and to which water the public has access from a water access site operated by a public
25.31entity;
or
25.32(3) land of which a municipal power agency is an owner and that is used for
25.33recreational trail purposes, and other land of a municipal power agency which is within
26.1300 feet of such land if the entry onto such land was from land that is dedicated for
26.2recreational purposes or recreational trail use
; or
26.3(4) land leased to the state or otherwise subject to an agreement or contract for
26.4purposes of a state-sponsored walk-in access program.
26.5 Sec. 58.
RULEMAKING.
26.6(a) The commissioner of natural resources shall amend Minnesota Rules, parts
26.76242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm
26.8licensees to use approved report and sales receipt formats.
26.9(b) The commissioner may use the good cause exemption under Minnesota Statutes,
26.10section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
26.11Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
26.12section 14.388.
26.13 Sec. 59.
SHALLOW LAKES MANAGEMENT REPORT.
26.14By January 1, 2012, the commissioner of natural resources shall submit a report to
26.15the senate and house of representatives committees and divisions with jurisdiction over
26.16natural resources policy that includes:
26.17(1) a summary of the science and ecology of shallow lakes;
26.18(2) a summary of the significance of shallow lakes to continental and state waterfowl
26.19populations and Minnesota's waterfowl heritage;
26.20(3) examples and documented results of previous temporary water-level management
26.21activities;
26.22(4) a list of current statutes and rules applicable to shallow lakes including, but not
26.23limited to, water-level management of shallow lakes; and
26.24(5) a list of any changes to statute necessary that would allow the commissioner of
26.25natural resources, through shallow lake management, to better achieve the state's wildlife
26.26habitat and clean water goals and address the threats of invasive species.
26.27 Sec. 60.
REPEALER.
26.28Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
26.29subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; and 97C.081, subdivision 2, are
26.30repealed.