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1.1To: Senator Marty, Chair
1.2Committee on Environment and Energy
1.4Chair of the Subcommittee on Fish and Wildlife, to which was referred
1.5S.F. No. 796:
A bill for an actrelating to natural resources; modifying
1.6commissioner's authorities and duties; modifying definitions; modifying watercraft
1.7provisions; providing for certain license seizures; modifying game and fish license
1.8provisions; modifying trespass law; modifying requirements for taking game and fish;
1.9requiring rulemaking;amending Minnesota Statutes 2012, sections 84.027, subdivision
1.1013, by adding subdivisions; 86B.005, subdivision 18, by adding subdivisions; 86B.301,
1.11subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.045, subdivision
1.121; 97A.051, subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.445,
1.13subdivision 1; 97A.451, subdivisions 3, 3b, 4; 97A.475, subdivisions 2, 3; 97A.485,
1.14subdivision 6; 97B.001, subdivisions 3, 4, 7; 97B.0215; 97B.022, subdivision 2; 97B.055,
1.15subdivision 2; 97B.112; 97C.341; 97C.376, subdivision 3; repealing Minnesota Statutes
1.162012, section 97A.451, subdivision 4a.
1.17Reports the same back with the recommendation that the bill be amended as follows:
1.18Delete everything after the enacting clause and insert:
1.19 "Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
1.20 Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
1.21adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
1.23(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.24areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.25prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
1.26disease, to open or close bodies of water or portions of bodies of water for night bow
1.27fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
1.28(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
1.29roots and wild rice and to restrict or prohibit harvesting in designated areas; and
1.30(3) section 84D.12 to designate prohibited invasive species, regulated invasive
1.31species, unregulated nonnative species, and infested waters.
1.32(b) If conditions exist that do not allow the commissioner to comply with sections
1.3397A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
1.34based upon current biological and harvest data, the commissioner may adopt a rule under
1.35this subdivision by submitting the rule to the attorney general for review under section
1.3697A.0455 , publishing a notice in the State Register and filing the rule with the secretary
1.37of state and the Legislative Coordinating Commission, and complying with section
1.3897A.0459 , and including a statement of the
1.39in the notice. The
1.40body for night bow fishing under this section may include the need to temporarily open
1.41the area to evaluate compatibility of the activity on that body of water prior to permanent
2.1rulemaking. The notice may be published after it is received from the attorney general or
2.2five business days after it is submitted to the attorney general, whichever is earlier.
2.3(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.4Register and may be effective up to seven days before publishing and filing under
2.5paragraph (b), if:
2.6(1) the commissioner of natural resources determines that an emergency exists;
2.7(2) the attorney general approves the rule; and
2.8(3) for a rule that affects more than three counties the commissioner publishes the
2.9rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.10rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.11newspaper in each of the affected counties.
2.12(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.13(3), may not be effective earlier than seven days after publication.
2.14(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.15rule is published if the commissioner gives notice and holds a public hearing on the rule
2.16within 15 days before publication.
2.17(f) The commissioner shall attempt to notify persons or groups of persons affected
2.18by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.19other appropriate means as determined by the commissioner.
2.20(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
2.21effective for the period stated in the notice but not longer than 18 months after the rule is
2.23 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.25 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
2.26the commissioner may establish, by written order, policies for the use and operation of
2.27other power-driven mobility devices, as defined under Code of Federal Regulations, title
2.2828, section 35.104, on lands and in facilities administered by the commissioner for the
2.29purposes of implementing the Americans with Disabilities Act, United States Code, title
2.3042, section 12101 et seq. These policies are exempt from the rulemaking provisions of
2.31chapter 14 and section 14.386 does not apply.
2.32 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.1 Subd. 20. Hunting licenses to persons with a critical illness. The commissioner
3.2may allow persons with a critical illness to purchase, once-in-a-lifetime, hunting licenses
3.3otherwise limited by a lottery drawing, which licenses allow for taking game within
3.4established hunting seasons or season frameworks. The commissioner may provide the
3.5licenses to persons who are participating in a program for hunters with a critical illness
3.6sponsored by a nonprofit organization with expertise in providing hunting opportunities to
3.7hunters who are gravely ill or have physical disabilities. The commissioner may provide
3.8licenses or permits otherwise limited by drawings, including wild turkey, deer, bear,
3.9prairie chicken, and wolf. The commissioner may not allow the purchase of moose and
3.10elk licenses under this subdivision. Deer licenses authorized by the commissioner under
3.11this subdivision may be for deer of either sex.
3.12 Sec. 4. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
3.13 Subd. 15a. Service provider. "Service provider" means an individual who or entity
3.14that: (1) decontaminates, installs, or removes water-related equipment or structures into or
3.15from waters of the state for hire or as a service provided as a benefit of membership in a
3.16yacht club, boat club, marina, or similar organization; or (2) rents or leases water-related
3.17equipment that will be used in, placed into, or removed from waters of the state. Service
3.18provider does not include a person working under the supervision of an individual with a
3.19valid service provider permit issued under section 84D.108.
3.20 Sec. 5. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
3.21 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
3.22restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
3.23stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
3.24an infested water that is designated because it contains invasive fish, invertebrates, or
3.25certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
3.26If a commercial licensee operates in an infested water designated because it contains
3.27invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
3.28traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
3.29crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
3.30certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
3.31the commissioner, as specified in the commercial licensee's license or permit. This tagging
3.32requirement does not apply to commercial fishing equipment used in Lake Superior.
3.33(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
3.34turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
4.1contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
4.2minimum of two days before they are used in any other waters, except as provided in this
4.3paragraph. Commercial licensees must notify the department's regional or area fisheries
4.4office or a conservation officer before removing nets or equipment from an infested water
4.5designated solely because it contains Eurasian water milfoil and before resetting those nets
4.6or equipment in any other waters. Upon notification, the commissioner may authorize a
4.7commercial licensee to move nets or equipment to another water without freezing or drying,
4.8if that water is designated as infested solely because it contains Eurasian water milfoil.
4.9(c) A commercial licensee must remove all aquatic macrophytes from nets and other
4.11into waters of the state.
4.12(d) The commissioner shall provide a commercial licensee with a current listing of
4.13designated infested waters at the time that a license or permit is issued.
4.14 Sec. 6. Minnesota Statutes 2012, section 84D.09, is amended to read:
4.1584D.09 AQUATIC MACROPHYTES.
4.16 Subdivision 1. Transportation prohibited. Unless specifically authorized under
4.17a license or permit issued by the commissioner, a person may not transport aquatic
4.18macrophytes, except as provided in this section.
4.19 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
4.21 (1) that are duckweeds in the family Lemnaceae;
4.26sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
4.27above the waterline;
4.29for aquarium, wetland or lakeshore restoration, or ornamental purposes;
4.32sealed container for purposes of identifying a species or reporting the presence of a species;
5.2transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
5.5purposes of cleaning off aquatic macrophytes before leaving a water access site.
5.6 Sec. 7. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
5.7 Subdivision 1. Launching prohibited. A person may not place or attempt to place
5.8into waters of the state water-related equipment, including aquatic plant harvesting or
5.9control equipment that has aquatic macrophytes
5.10species attached except as provided in this section.
5.11 Sec. 8. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
5.12 Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
5.13of the state a person must drain water-related equipment holding water and live wells and
5.14bilges by removing the drain plug before transporting the water-related equipment off
5.15the water access site or riparian property.
5.16 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
5.17from ballast tanks, bilges, and live wells must be removed or opened while transporting
5.19 (c) Emergency response vehicles and equipment may be transported on a public road
5.20with the drain plug or other similar device replaced only after all water has been drained
5.21from the equipment upon leaving the water body.
5.22 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
5.23when fishing through the ice except on waters designated infested for viral hemorrhagic
5.24septicemia, and marine sanitary systems are exempt from this subdivision.
5.25 (e) A person must not dispose of bait in waters of the state.
5.26(f) A boat lift, dock, swim raft, or associated equipment that has been removed
5.27from any water body may not be placed in another water body until a minimum of 21
5.28days have passed.
5.29(g) A person who transports water that is appropriated from noninfested surface
5.30water bodies and that is transported by a commercial vehicle, excluding watercraft, or
5.31commercial trailer, which vehicle or trailer is specifically designed and used for water
5.32hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
5.33the transported water to other surface waters or within 100 feet of a surface water body.
6.1(h) A person transporting water from noninfested surface water bodies for
6.2firefighting or emergencies that threaten human safety or property is exempt from
6.3paragraphs (a) and (b).
6.4 Sec. 9. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
6.5 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
6.6individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
6.7species, and water. The commissioner may enter into a delegation agreement with a
6.8tribal or local government where inspection authority as provided under paragraphs (b),
6.9(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
6.10and administrative responsibilities for inspection programs on some or all public waters
6.11within their jurisdiction.
6.12(b) Inspectors may visually and tactilely inspect watercraft and water-related
6.13equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
6.14is present. If a person transporting watercraft or water-related equipment refuses to
6.15take required corrective actions or fails to comply with an order under section 84D.10,
6.16subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
6.17to a conservation officer or other licensed peace officer.
6.18(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
6.19may inspect any watercraft or water-related equipment that is stopped at a water access
6.20site, any other public location in the state, or a private location where the watercraft or
6.21water-related equipment is in plain view, if the officer determines there is reason to believe
6.22that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
6.24(d) Conservation officers or other licensed peace officers may utilize check stations
6.25in locations, or in proximity to locations, where watercraft or other water-related
6.26equipment is placed into or removed from waters of the state. Any check stations shall be
6.27operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
6.28(e) Conservation officers or other licensed peace officers may order water-related
6.29equipment to be removed from a water body if the commissioner determines such action is
6.30needed to implement aquatic invasive species control measures.
6.31(f) The commissioner may require mandatory inspections of water-related equipment
6.32before a person places or removes water-related equipment into or out of a water body.
6.33Inspection stations may be located at or near public water accesses or in locations that
6.34allow for servicing individual or multiple water bodies. The commissioner shall ensure
6.35that inspection stations:
7.1(1) have adequate staffing to minimize delays to vehicles and their occupants;
7.2(2) allow for reasonable travel times between public accesses and inspection stations
7.3if inspection is required before placing water-related equipment into a water body;
7.4(3) are located so as not to create traffic delays or public safety issues;
7.5(4) have decontamination equipment available to bring water-related equipment
7.6into compliance; and
7.7(5) do not reduce the capacity or hours of operation of public water accesses.
7.8(g) The commissioner may authorize tribal and local governments that enter into
7.9a delegation agreement with the commissioner to conduct mandatory inspections of
7.10water-related equipment at specified locations within a defined area before a person
7.11places or removes water-related equipment into or out of a water body. Tribal and local
7.12governments that are authorized to conduct inspections under this paragraph must:
7.13(1) assume all legal, financial, and administrative responsibilities for implementing
7.14the mandatory inspections, alone or in agreement with other tribal or local governments;
7.15(2) employ inspectors that have been trained and authorized by the commissioner;
7.16(3) conduct inspections and decontamination measures in accordance with guidelines
7.17approved by the commissioner;
7.18(4) have decontamination equipment available at inspection stations or identify
7.19alternative decontamination equipment locations within a reasonable distance of the
7.20inspection station that can bring water-related equipment into compliance;
7.21(5) provide for inspection station locations that do not create traffic delays or public
7.22safety issues; and
7.23(6) submit a plan approved by the commissioner according to paragraph (h).
7.24(h) Plans required under paragraph (g) must address:
7.25(1) no reduction in capacity or hours of operation of public accesses and fees that
7.26do not discourage or limit use;
7.27(2) reasonable travel times between public accesses and inspection stations;
7.28(3) adequate staffing to minimize wait times and provide adequate hours of operation
7.29at inspection stations and public accesses;
7.30(4) adequate enforcement capacity;
7.31(5) measures to address inspections of water-related equipment at public water
7.32accesses for commercial entities and private riparian land owners; and
7.33(6) other elements as required by the commissioner to ensure statewide consistency,
7.34appropriate inspection and decontamination protocols, and protection of the state's
7.35resources, public safety, and access to public waters.
8.1(i) A government unit authorized to conduct inspections under this subdivision must
8.2submit an annual report to the commissioner summarizing the results and issues related
8.3to implementing the inspection program.
8.4(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
8.5programs where authorized inspectors are placed directly at one or more water access
8.6sites, with no requirement for a person to travel from the water access for inspection
8.7or decontamination, and no local ordinance or other regulation requiring a mandatory
8.8inspection before placing watercraft or water-related equipment into a water body or after
8.9watercraft or water-related equipment are removed from a water body.
8.10 Sec. 10. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.12 Subd. 2b. Transport of water. The commissioner may issue a permit under this
8.13section or an authorization under other licenses or permits pursuant to sections 97C.801,
8.1497C.811, and 103G.271 to allow the transport of water in containers or water-related
8.15equipment specifically designed and used for hauling water.
8.16 Sec. 11. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.18 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
8.19permit to allow the transport of aquatic macrophytes to locations specified in the permit
8.20for purposes of research, education, and decontaminating equipment.
8.21 Sec. 12. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
8.23 Subd. 2d. Special permits. The commissioner may issue special permits for the
8.24activities in this section. A special permit may be issued in the form of a general permit
8.25to a governmental subdivision or to the general public to conduct one or more activities
8.26under a single permit.
8.27 Sec. 13. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
8.28 Subd. 2. Cumulative remedy. The authority of conservation officers and other
8.29licensed peace officers to issue civil citations is in addition to other remedies available
8.30under law, except that the state may not seek penalties under any other provision of law
8.31for the incident subject to the citation.
9.1 Sec. 14. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
9.3 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
9.4order for a violation of chapter 84D involving water-related equipment must successfully
9.5complete a training course as provided in section 86B.13.
9.6EFFECTIVE DATE.This section is effective July 1, 2015.
9.7 Sec. 15. [84D.20] MINNESOTA-WISCONSIN BOUNDARY AREA INVASIVE
9.9 Subdivision 1. Establishment. The Minnesota-Wisconsin Boundary Area Invasive
9.10Species Commission is established.
9.11 Subd. 2. General powers and duties. (a) The Minnesota-Wisconsin Boundary
9.12Area Invasive Species Commission shall make recommendations, review and correlate
9.13studies of the federal government and other agencies, develop plans and evolve findings,
9.14and do all things necessary and proper to carry out the powers conferred upon the
9.15commission by law, provided that no recommendation, plan, or finding of the commission
9.16shall have the force of law or be binding upon or limit the powers of either state or its
9.17departments, agencies, or municipalities.
9.18(b) The commission shall cooperate with the federal government of the United States
9.19and with any public or private agencies having an interest in, or jurisdiction sufficient to
9.20affect, the present and future protection of waters from invasive species.
9.21(c) For the purpose of obtaining information relative to land and water use in the
9.22area, the commission may hold public hearings.
9.23(d) The commission may appoint subcommittees for the purpose of conducting
9.24specific studies under paragraph (a).
9.25 Subd. 3. Members; officers; meetings. (a) The Minnesota representation on
9.26the Minnesota-Wisconsin Boundary Area Invasive Species Commission consists of
9.27five commissioners appointed by the governor, each for a four-year term. The terms of
9.28the commissioners shall be staggered. Vacancies shall be filled by appointment by the
9.29governor for the unexpired term.
9.30(b) The commission shall annually elect from among its members a chair, a vice
9.31chair who shall not be a citizen of the state represented by the chair, and other officers
9.32deemed necessary by the commission.
9.33(c) The commission shall meet at the call of the chair, or at the call of three of its
9.34members, upon five days' notice, but at least twice in each calendar year.
10.1 Subd. 4. Minnesota-Wisconsin Boundary Area Legislative Advisory Committee.
10.2To assist the Minnesota-Wisconsin Boundary Area Invasive Species Commission in the
10.3performance of its duties, a Minnesota-Wisconsin Boundary Area Legislative Advisory
10.4Committee is created, to be comprised of five members of the house of representatives
10.5appointed by the speaker of the house of representatives and five members of the
10.6senate appointed by the Subcommittee on Committees of the Committee on Rules and
10.7Administration. The members of the advisory committee shall be selected by January 31
10.8of each odd-numbered year. Vacancies, when the legislature is not in regular session,
10.9shall be filled by appointment of the last duly elected speaker in the case of members of
10.10the house of representatives and the last duly elected members of the Subcommittee on
10.11Committees of the Committee on Rules and Administration in the case of members of
10.12the senate. The members of the advisory committee shall select a chair and other officers
10.13as deemed necessary. The chair of the advisory committee shall rotate every two years
10.14between the house of representatives and the senate.
10.15 Subd. 5. Technical Advisory Task Force. To assist the Minnesota-Wisconsin
10.16Boundary Area Invasive Species Commission in the performance of its duties, a Technical
10.17Advisory Task Force comprised of ten members is created, to be appointed, as found
10.18necessary, by the commission and serve at the commission's pleasure. Each member of
10.19the Technical Advisory Task Force shall have expertise in the subject matter of the duties
10.20of the Minnesota-Wisconsin Boundary Area Invasive Species Commission and be an
10.21officer or employee of the executive branch of the state government or of a governmental
10.22subdivision or body politic and corporate of the state.
10.23 Subd. 6. Compensation and reimbursement for expenses. (a) Members of the
10.24commission shall serve without compensation, but the actual and necessary expenses
10.25incurred by any member in the performance of the commission's duties shall be reimbursed
10.26from the appropriations made for the support of the commission.
10.27(b) Members of the Minnesota-Wisconsin Boundary Area Legislative Advisory
10.28Committee shall be compensated and reimbursed for expenses in the same manner that
10.29members of legislative standing committees are compensated and reimbursed under
10.31 Subd. 7. Cooperation of state officers. All departments and agencies of the state
10.32shall cooperate with the commission and its advisory committees in the execution of their
10.33functions and assist the commission to carry out its duties.
10.34 Subd. 8. Gifts. The Minnesota commissioners may accept on behalf of the state a
10.35gift from any source, private or public, and use the gift for the purposes for which it is
10.36tendered, consistent with the duties of the Minnesota-Wisconsin Boundary Area Invasive
11.1Species Commission. Money so received shall be deposited in the state treasury and is
11.2appropriated annually to the commission to carry out the terms of the gift.
11.3 Subd. 9. Budget. The Minnesota commissioners shall submit a budget of the
11.4estimated expenditures of the commission from time to time to the commissioner of
11.5management and budget for the period and in the form the commissioner of management
11.6and budget requires.
11.7 Subd. 10. Annual audit. The commission shall keep accurate accounts of all
11.8receipts and disbursements, which shall be audited as of December 31 of each year by a
11.9qualified public accountant.
11.10 Subd. 11. Reports. By January 15 of each odd-numbered year, the commission
11.11shall make a report to the governor and legislature of each state that shall include:
11.12(1) the activities of the commission during the previous biennium and its intended
11.13activities for the upcoming biennium; and
11.14(2) the appropriations, gifts, and grants, if any, received by the commission and the
11.15commission's expenditures of funds as verified by the audit under subdivision 10.
11.16 Subd. 12. Enabling legislation. The commission shall become operative
11.17immediately after the passage of an act by both party states incorporating the provisions
11.18of this commission into the laws of both states. The first meeting shall be called by the
11.19members of the first state to enact the commission.
11.20EFFECTIVE DATE.This section is effective the day following final enactment.
11.21 Sec. 16. Minnesota Statutes 2012, section 85A.02, subdivision 10, is amended to read:
11.22 Subd. 10. Wild animal exemption. (a) The board shall not be subject to the
11.23provisions of chapters 17,
11.24section 343.21, subdivision 8, relating to purchase, barter, sale, possession, breeding, or
11.25transporting wild animals, but must comply with paragraph (b).
11.26(b) The board must request a permit from the Board of Animal Health for any
11.27exemption from the provisions of chapter 35 or rules adopted thereunder and from the
11.28Department of Natural Resources for any exemption from the provisions of chapter 97A,
11.2997B, or 97C, or rules adopted thereunder.
11.30 Sec. 17. Minnesota Statutes 2012, section 86B.005, is amended by adding a
11.31subdivision to read:
11.32 Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
11.33for harvesting wild rice.
12.1 Sec. 18. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
12.2 Subd. 18. Watercraft. "Watercraft" means any contrivance used or designed for
12.3navigation on water, except:
12.5(2) a rice boat during the harvest season; or
12.6(3) a seaplane.
12.7 Sec. 19. Minnesota Statutes 2012, section 86B.005, is amended by adding a
12.8subdivision to read:
12.9 Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
12.10while hunting waterfowl.
12.11 Sec. 20. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
12.13 Subd. 1a. Training for offenders. A person who is convicted of or subject to
12.14a final order for a violation of chapter 84D involving water-related equipment must
12.15successfully complete the training course in subdivision 1 before continuing operation or
12.16use of water-related equipment.
12.17EFFECTIVE DATE.This section is effective July 1, 2015.
12.18 Sec. 21. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
12.19 Subd. 2. Exemptions. A watercraft license is not required for:
12.20(1) a watercraft that is covered by a license or number in full force and effect under
12.21federal law or a federally approved licensing or numbering system of another state, and
12.22has not been within this state for more than 90 consecutive days, which does not include
12.23days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
12.24port or another port in the state;
12.25(2) a watercraft from a country other than the United States that has not been within
12.26this state for more than 90 consecutive days, which does not include days that a watercraft is
12.27laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
12.28(3) a watercraft owned by the United States, an Indian tribal government, a state, or
12.29a political subdivision of a state, except watercraft used for recreational purposes;
12.30(4) a ship's lifeboat;
12.31(5) a watercraft that has been issued a valid marine document by the United States
13.1(7) a rice boat during the harvest season;
13.2(8) a seaplane; and
13.3(9) a nonmotorized watercraft ten feet in length or less.
13.4 Sec. 22. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
13.5 Subdivision 1. Personal flotation or lifesaving devices. (a) Watercraft and
13.6 waterfowl boats using the waters of this state must be equipped with the number and type
13.7of personal flotation or lifesaving devices prescribed by the commissioner.
13.8(b) The commissioner may not:
13.9(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
13.10(2) require persons on sailboards to wear personal flotation or lifesaving devices
13.11or have them readily available.
13.12 Sec. 23. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
13.13 Subd. 2. Exempt watercraft. A watercraft is not required to have a certificate of
13.14title if the watercraft is:
13.15(1) owned by a manufacturer or dealer and held for sale;
13.16(2) used by a manufacturer solely for testing;
13.17(3) from a jurisdiction other than this state, temporarily using the waters of this state;
13.18(4) owned by the United States, a state, this state, or a political subdivision;
13.20(6) a rice boat used only during the wild rice harvesting season;
13.21(7) owned by a person, firm, or corporation operating a resort as defined in section
13.22157.15 or a recreational camping area as defined in section 327.14, subdivision 8, except
13.23with respect to a previously titled watercraft; or
13.24(8) watercraft manufactured prior to August 1, 1979.
13.25 Sec. 24. Minnesota Statutes 2012, section 97A.051, subdivision 2, is amended to read:
13.26 Subd. 2. Summary of fish and game laws. (a) The commissioner shall prepare
13.27a summary of the hunting, trapping, and fishing laws and rules and deliver a
13.28 supply to license vendors
13.30the Department of Natural Resources Web site.
13.31(b) At the beginning of the summary, under the heading "Trespass," the
13.32commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945,
14.1state that conservation officers and peace officers must enforce the trespass laws, and
14.2state the penalties for trespassing.
14.3(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
14.4summarize the requirements under section 609.662 and state the penalties for failure to
14.5render aid to a person injured by gunshot.
14.6 Sec. 25. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
14.7 Subd. 3. Cooperative farming agreements. On any public hunting, game refuge,
14.8wildlife management area, aquatic management area, or scientific and natural area lands,
14.9the commissioner may enter into written cooperative farming agreements on a sharecrop
14.10basis, without competitive bidding, for the purpose of wildlife and plant management.
14.11Cooperative farming agreements may also be used to allow pasturing of livestock. The
14.12agreements may provide for the bartering of a share of any crop, produced from these
14.13lands, for services or products that will enhance or benefit the management of state lands
14.14for plant and animal species. Cooperative farming agreements pursuant to this section shall
14.15not be considered leases for tax purposes under section 272.01, subdivision 2, or 273.19.
14.16 Sec. 26. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
14.17 Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the
14.18license of a person who unlawfully takes, transports, or possesses wild animals when the
14.19restitution value of the wild animals exceeds $500. Except as provided in subdivisions
14.202, 4, and 5, the person may not use or obtain any license to take the same type of wild
14.21animals involved, including a duplicate license, until an action is taken under subdivision
14.226. If the license seized under this paragraph was for a big game animal, the license seizure
14.23applies to all licenses to take big game issued to the individual. If the license seized under
14.24this paragraph was for small game animals, the license seizure applies to all licenses to
14.25take small game issued to the individual.
14.26(b) In addition to the license seizure under paragraph (a), if the restitution value of
14.27the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
14.28game and fish licenses held by the person shall be immediately seized. Except as provided
14.29in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
14.30including a duplicate license, until an action is taken under subdivision 6.
14.31(c) A person may not take wild animals covered by a license seized under this
14.32subdivision until an action is taken under subdivision 6.
14.33 Sec. 27. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
15.1 Subd. 6. Taking deer; disabled veterans. A person authorized to issue licenses
15.2must issue, without a fee,
15.3or by archery to a resident that is a veteran, as defined in section 197.447, and that has
15.4a 100 percent service connected disability as defined by the United States Veterans
15.5Administration upon being furnished satisfactory evidence. A person issued a permanent
15.6license must register and receive tags each year that the license is used. The tags shall be
15.7issued at no charge to the licensee.
15.8 Sec. 28. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
15.9 Subdivision 1.
15.10years or older may take fish by angling without an angling
15.11by spearing from a dark house without a spearing or angling license and without a fish
15.12house or dark house license during one three-day consecutive period of the open water
15.13angling season and one three-day consecutive period of the ice angling season designated
15.1516. The commissioner may, by written order published in the State Register, establish
15.16the three-day consecutive periods. The written order is not subject to the rulemaking
15.17provisions of chapter 14 and section 14.386 does not apply.
15.18 (b) The commissioner
15.19"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
15.20Fishing Weekend" for the ice angling season. The commissioner shall announce the date
15.21of each three-day weekend at least 30 days in advance of the date it occurs.
15.22 Sec. 29. Minnesota Statutes 2012, section 97A.451, is amended by adding a
15.23subdivision to read:
15.24 Subd. 2a. Resident spearing; age 16 or 17. Residents age 16 or 17 may take
15.25fish by spearing without a spearing license.
15.26 Sec. 30. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
15.27 Subd. 3. Residents and nonresidents under age 16; small game. (a) A resident or
15.28nonresident under age 16 may not obtain a small game license but may take small game
15.29by firearms or bow and arrow without a license if the resident or nonresident is:
15.30 (1) age 14 or 15 and possesses a firearms safety certificate;
15.31 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
16.1 (3) age 13, 14, or 15, and possesses an apprentice hunter validation
16.4 (4) age 12 or under and is accompanied by a parent or guardian.
16.5 (b) A resident under age 16 may take small game, other than wolves, by trapping
16.6without a small game license, but a resident 13 years of age or older must have a trapping
16.7license. A resident under age 13 may trap small game, other than wolves, without a
16.8trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
16.9resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
16.10under age five must be included in the limit of the accompanying parent or guardian.
16.11 (c) A resident or nonresident under age 13 must obtain a free turkey license to
16.12take turkey and may take a turkey without a firearms safety certificate if the resident or
16.13nonresident is accompanied by an adult parent or guardian who has a firearms safety
16.15 (d) A resident under age 13 may apply for a prairie chicken license and may take a
16.16prairie chicken without a firearms safety certificate if the resident is accompanied by an
16.17adult parent or guardian who has a firearms safety certificate.
16.18 Sec. 31. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
16.19 Subd. 3b. Nonresidents
16.20age 16 or
16.21may obtain a small game license at the youth fee under section 97A.475, subdivision 3,
16.22paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate or an
16.23apprentice hunter validation as provided under section 97B.022.
16.31 Sec. 32. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
16.32 Subd. 4. Residents and nonresidents under age
16.33or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
16.34the person possesses a firearms safety certificate or an apprentice hunter validation as
17.1provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
17.2parent or guardian to hunt big game.
17.3 (b) A resident or nonresident age ten or
17.4license under paragraph (c) and may take big game, provided the person is under the direct
17.5supervision of a parent or guardian where the parent or guardian is within immediate reach.
17.6 (c) A resident or nonresident age ten
17.7a license to take big game
17.8 under section 97A.475, subdivision 2 or 3.
17.9 Sec. 33. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
17.10 Subd. 5. Nonresident youth; angling or spearing. (a) A nonresident under age
17.12(1) take fish by angling without a license if a parent or guardian has a fishing license.
17.13Fish taken by a nonresident under age 16 without a license must be included in the limit
17.14of the parent or guardian;
17.15(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph
17.16(a), clause (8), and possess a limit of fish; or
17.17(3) be included under a nonresident family angling license and possess a limit of fish.
17.18(b) A nonresident age 16 or
17.19to angle under section 97A.475, subdivision 7, paragraph (a), clause (8).
17.20(c) A nonresident age 16 or 17, who possess a fishing license under section 97A.475,
17.21subdivision 7, clause (8), may take fish by spearing without a spearing license.
17.22(d) A nonresident under age 16, may take fish by spearing without a spearing or
17.23angling license. Limits for fish taken by spearing under this paragraph must comply with
17.24one of the options listed in paragraph (a).
17.25 Sec. 34. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
17.26 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
17.28 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
17.29 (2) for persons age 65 or over, $7 to take small game;
17.30 (3) for persons age 18 or over to take turkey, $26;
17.31 (4) for persons age 13 or over and under age 18 to take turkey, $5;
17.32 (5) for persons age 18 or over to take deer with firearms during the regular firearms
17.34 (6) for persons age 18 or over to take deer by archery, $30;
18.1 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
18.3 (8) to take moose, for a party of not more than six persons, $356;
18.4 (9) to take bear, $44;
18.5 (10) to take elk, for a party of not more than two persons, $287;
18.6 (11) to take Canada geese during a special season, $4;
18.7 (12) to take prairie chickens, $23;
18.8 (13) for persons age 13 or over and under age 18 to take deer with firearms during
18.9the regular firearms season, $5;
18.10 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
18.11 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
18.12during the muzzleloader season, $5;
18.13(16) for persons age 18 or over to take small game for a consecutive 72-hour period
18.14selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
18.15migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
18.16waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
18.17of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
18.18the pheasant habitat improvement account under section 97A.075, subdivision 4; and
18.19one-half of the small game surcharge under subdivision 4, shall be deposited in the
18.20wildlife acquisition account;
18.21(17) for persons age 16 or
18.22(18) to take wolf, $30
18.23(19) for persons age 12 and under to take turkey, no fee;
18.24(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
18.25(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
18.26(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
18.27muzzleloader season, no fee.
18.28 Sec. 35. Minnesota Statutes 2012, section 97A.475, subdivision 3, is amended to read:
18.29 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
18.30to nonresidents, are:
18.31 (1) for persons age 18 or over to take small game, $90.50;
18.32 (2) for persons age 18 or over to take deer with firearms during the regular firearms
18.34 (3) for persons age 18 or over to take deer by archery, $160;
19.1 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
19.3 (5) to take bear, $225;
19.4 (6) for persons age 18 or over to take turkey, $91;
19.5 (7) for persons age 13 or over and under age 18 to take turkey,
19.6 (8) to take raccoon or bobcat, $178;
19.7 (9) to take Canada geese during a special season, $4;
19.8 (10) for persons age 13 or over and under age 18 to take deer with firearms during
19.9the regular firearms season in any open season option or time period,
19.10 (11) for persons age 13 or over and under age 18 to take deer by archery,
19.11 (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
19.13(13) for persons age 18 or over to take small game for a consecutive 72-hour period
19.14selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
19.15migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
19.16waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
19.17of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
19.18the pheasant habitat improvement account under section 97A.075, subdivision 4; and
19.19one-half of the small game surcharge under subdivision 4, shall be deposited into the
19.20wildlife acquisition account;
19.21(14) for persons age 16
19.23(15) to take wolf, $250
19.24(16) for persons age 12 and under to take turkey, no fee;
19.25(17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
19.26(18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
19.27(19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
19.28muzzleloader season, no fee.
19.29 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
19.30paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
19.31on this surcharge.
19.32 Sec. 36. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
19.33 Subd. 8. Minnesota sporting; super sports. (a) The commissioner shall issue
19.34Minnesota sporting licenses to residents only. The licensee may take fish by angling
19.35and small game. The fee for the license is:
20.1(1) for an individual, $31.50; and
20.2(2) for a combined license for a married couple to take fish and for one spouse to
20.3take small game, $45.50.
20.4(b) The commissioner shall issue Minnesota super sports licenses to residents only.
20.5The licensee may take fish by angling, including trout; small game, including pheasant
20.6and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
20.7sports license, including all required stamp validations is:
20.8(1) for an individual age 18 or over,
20.9(2) for a combined license for a married couple to take fish, including the trout and
20.10salmon stamp validation, and for one spouse to take small game, including pheasant
20.11and waterfowl, and deer,
20.12(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
20.13according to section 97A.075, subdivisions 2, 3, and 4.
20.14(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
20.15according to section 97A.075, subdivision 1.
20.16 Sec. 37. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
20.17 Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell
20.18licenses under this section must issue the following licenses for the license fee and the
20.19following issuing fees:
20.20 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
20.21 (2) Minnesota sporting, the issuing fee is $1;
20.22 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
20.23animals, the issuing fee is $1;
20.24(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
20.25requires a license purchase at the time of application and the license purchase requires
20.26an application fee;
20.27(5) for a prairie chicken license, the issuing fee is $1;
20.28(6) for a turkey license, the issuing fee is $1;
20.29(7) for an elk license, the issuing fee is $1;
20.30(8) for a moose license, the issuing fee is $1;
20.31(9) for a wolf license, the issuing fee is $1;
20.33issuing fee of 50 cents may be charged at the discretion of the authorized seller;
21.297A.441 or 97A.465,
21.6transaction through the electronic licensing system under this chapter or any other chapter
21.7when an issuing fee is not specified, an issuing fee of
21.8discretion of the authorized seller.
21.9 (b) Only one issuing fee may be collected when selling more than one stamp in the
21.10same transaction after the end of the season for which the stamp was issued.
21.11 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
21.12 (d) The commissioner shall collect the issuing fee on licenses sold by the
21.14 (e) A license, except stamps, must state the amount of the issuing fee and that the
21.15issuing fee is kept by the seller as a commission for selling the licenses.
21.16 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
21.17 (1) for licenses to take big game, 75 cents; and
21.18 (2) for other licenses, 50 cents.
21.19 (g) The commissioner may issue one-day angling licenses in books of ten licenses
21.20each to fishing guides operating charter boats upon receipt of payment of all license
21.21fees, excluding the issuing fee required under this section. Copies of sold and unsold
21.22licenses shall be returned to the commissioner. The commissioner shall refund the charter
21.23boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
21.24maintained by the commissioner for one year.
21.25 Sec. 38. Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
21.26 Subd. 3. Remaining on land prohibited after notice. Except as provided in
21.27subdivision 6, a person may not remain on or return to any land for outdoor recreation
21.28purposes after being
21.30 Sec. 39. Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
21.31 Subd. 4. Entering posted land prohibited; signs. (a) Except as provided in
21.32subdivision 6, a person may not:
21.33(1) enter, for outdoor recreation purposes, any land that is posted under this
21.34subdivision without first obtaining permission of the owner, occupant, or lessee
22.1(2) knowingly enter, for outdoor recreation purposes, any land that is posted under
22.2this subdivision without first obtaining permission of the owner, occupant, or lessee.
22.3A person who violates clause (2) is subject to the penalty provided in section
22.497A.315, subdivision 1, paragraph (b).
22.5(b) The owner, occupant, or lessee of private land, or an authorized manager of public
22.6land may prohibit outdoor recreation on the land by posting signs once each year that:
22.7(1) state "no trespassing" or similar terms;
22.8(2) display letters at least two inches high;
22.10(i) are signed by the owner, occupant, lessee, or authorized manager; or
22.11(ii) include the legible name and telephone number of the owner, occupant, lessee,
22.12or authorized manager; and
22.14(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
22.15area where boundary lines are not clear, at intervals of 500 feet or less; or
22.16(ii) mark the primary corners of each parcel of land and access roads and trails at
22.17the point of entrance to each parcel of land except that corners only accessible through
22.18agricultural land need not be posted.
22.19(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
22.20where the person does not have a property right, title, or interest to use the land.
22.21 Sec. 40. Minnesota Statutes 2012, section 97B.001, subdivision 7, is amended to read:
22.22 Subd. 7.
22.24building occupied by a human or livestock or within 500 feet of a stockade or corral
22.25containing livestock without the written permission of the owner, occupant, or lessee:
22.26(1) on another person's private land, if the land is not a licensed shooting preserve; or
22.27(2) on a public road right-of-way.
22.30 For the purposes of this paragraph, a "stockade or corral" means a fenced enclosure
22.31for containing livestock that does not enclose an area greater than one acre.
22.33prohibited from entering by this section.
22.34 Sec. 41. Minnesota Statutes 2012, section 97B.0215, is amended to read:
23.197B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
23.2A parent or
23.3the minor to hunt without the required license, permit, training, or certification, or in
23.4violation of the game and fish laws.
23.5 Sec. 42. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
23.6 Subd. 2. Apprentice hunter validation requirements. (a) A resident or nonresident
23.7born after December 31, 1979, who is age 12 or over and who does not possess a hunter
23.8education firearms safety certificate may be issued an apprentice hunter validation. An
23.9apprentice hunter validation may be purchased two license years in a lifetime and used to
23.10obtain hunting licenses during the same license year that the validation is purchased.
23.11 (b) An individual in possession of an apprentice hunter validation may hunt small
23.12game, deer, and bear only when accompanied by an adult
23.13valid license to hunt the same species of game in Minnesota and whose license was not
23.14obtained using an apprentice hunter validation.
23.15(c) When an individual in possession of an apprentice hunter validation is hunting
23.16turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
23.17for another permit area or time period but must be licensed for the same season as the
23.18apprentice hunter. If the accompanying adult is not licensed for the same permit area or
23.19time period as the apprentice hunter, the accompanying adult may not shoot or possess a
23.20firearm or bow while accompanying the apprentice hunter under this paragraph.
23.21 (d) An apprentice hunter validation holder must obtain all required licenses and
23.23 Sec. 43. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
23.24 Subd. 2. Restrictions related to motor vehicles. A person may not take a wild
23.25animal with a firearm or by archery from a motor vehicle except as permitted in this
23.26section. Notwithstanding section 97B.091, a person may transport a bow uncased while
23.28in the boat as provided in section 97C.376, subdivision 3.
23.29 Sec. 44. Minnesota Statutes 2012, section 97B.071, is amended to read:
23.3097B.071 BLAZE ORANGE REQUIREMENTS.
23.31 Subdivision 1. Clothing requirements. (a) Except as provided in rules adopted
23.32under paragraph (c), a person may not hunt or trap during the open season where deer may
23.33be taken by firearms under applicable laws and ordinances, unless the visible portion of
24.1the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze
24.2orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange
24.3within each foot square. This section does not apply to migratory waterfowl hunters on
24.4waters of this state or in a stationary shooting location or to trappers on waters of this state.
24.5 (b) Except as provided in rules adopted under paragraph (c), and in addition to
24.6the requirement in paragraph (a), a person may not take small game other than turkey,
24.7migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
24.8at least one article of the person's clothing above the waist is blaze orange. This paragraph
24.9does not apply to a person when in a stationary location while hunting deer by archery
24.10or when hunting small game by falconry.
24.11 (c) The commissioner may, by rule, prescribe an alternative color in cases where
24.12paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
24.14 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
24.15by a safety warning.
24.16 Subd. 2. Ground blinds. A person may not hunt deer from a ground blind during
24.17the open season where deer may be taken by firearms unless the outside of the blind
24.18displays a minimum of 144 square inches of blaze orange material that is visible from
24.19all directions around the blind.
24.20 Sec. 45. Minnesota Statutes 2012, section 97B.112, is amended to read:
24.2197B.112 SPECIAL HUNTS
24.22The commissioner may by rule establish criteria, special seasons, and limits for
24.23youth and adult hunters to take big game and small game by firearms or archery in
24.24designated areas or times as part of the agency's overall effort in hunter recruitment and
24.25retention. The criteria may also include provisions for an unlicensed adult to assist a
24.26 hunter during a special season or special hunt established under this section.
24.27 Sec. 46. Minnesota Statutes 2012, section 97C.341, is amended to read:
24.2897C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
24.29(a) A person may not use live minnows imported from outside of the state, game
24.30fish, goldfish, or carp for bait. Notwithstanding paragraphs (b) and (d), the commissioner
24.32game fish eggs as bait in Lake Superior and its tributaries below the posted boundaries and
24.33prescribe restrictions on their use.
25.1(b) A person may not import or possess live, frozen, or processed bait from known
25.2waters where viral hemorrhagic septicemia has been identified as being present: (1)
25.3unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
25.4prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
25.5(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
25.6invertebrates, and insects used for taking wild animals in waters of the state.
25.7 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
25.8be used as:
25.9 (1) fresh or frozen bait only on Lake Superior; or
25.10 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
25.11manner prescribed by rules adopted by the commissioner.
25.12(d) To ensure that frozen or dead fish being brought into the state are not in violation
25.13of paragraph (b), the following paperwork must accompany the shipment. Documents
25.14must be open for inspection by the commissioner at any reasonable time. All documents
25.15must be available to purchasers of these bait items. Each container or package of frozen or
25.16dead fish must have the following information:
25.17(1) water body source;
25.18(2) lot number;
25.19(3) company contact including name, phone, and address;
25.20(4) date of packaging and labeling; and
25.21(5) valid negative fish health certification from the source water body.
25.22 Sec. 47. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
25.23 Subdivision 1. Period when use prohibited. Except as specifically authorized, a
25.24person may not take fish with a spear from the third Monday in February to
25.26trap, net, dip net, seine, or other device capable of taking fish from the third Monday
25.27in February to April 30.
25.28 Sec. 48. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
25.29 Subd. 2. Possession. (a) Except as specifically authorized, a person may not possess
25.30a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
25.31waters. Possession includes personal possession and in a vehicle.
25.32(b) A person may possess
25.3397C.381 on or near waters between sunrise and sunset from May 1 to the last Sunday in
25.34February, or as otherwise prescribed by the commissioner. A person may possess a spear
26.1on or near waters between sunrise and sunset from the last Saturday in April to the last
26.2Sunday in February, or as otherwise prescribed by the commissioner.
26.3 Sec. 49. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
26.4 Subdivision 1. Season. (a) The regular bow fishing season for residents and
26.5nonresidents is from
26.6any time of the day.
26.7(b) The early bow fishing season for residents and nonresidents is open only south
26.8of State Highway 210 from the Monday after the last Sunday in February to the Friday
26.9before the last Saturday in April at any time of the day. During the early season, a person
26.10may bow fish:
26.11(1) only from a boat; and
26.12(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix Rivers.
26.13 Sec. 50. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
26.14 Subd. 2. Possession of bows and arrows. A person may possess bows and arrows for
26.15the purposes of bow fishing on or within 100 feet of waters at any time from
26.16Saturday in April to the last Sunday in February and at other times on lakes and the rivers
26.17south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
26.18ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
26.19 Sec. 51. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
26.20 Subd. 3. Nighttime restrictions on motors. (a) From sunset to sunrise,
26.24a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
26.25specified by the commissioner in a pass-by test
26.28(b) The noise limits under paragraph (a) shall be determined under a test procedure
26.29approved by the commissioner under section 86B.321, subdivision 2.
26.30(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
26.31relating to motorboat noise.
26.32(d) The noise levels under section 86B.321 apply to persons traveling to and from
26.33bow fishing sites from sunset to sunrise.
27.1 Sec. 52. RULEMAKING; GAME FISH EGGS AS BAIT.
27.2(a) The commissioner of natural resources shall amend Minnesota Rules, part
27.36262.0100, by adding a subpart to read:
27.4"Spawn bags may be bought or sold only if the bags are made with:
27.5A. fish eggs from a licensed aquaculture facility; or
27.6B. fish eggs that are:
27.7(1) legally taken from a source outside Minnesota that has been certified disease-free;
27.9(2) preserved and labeled as required under a bait preservation permit. Records must
27.10be maintained as required for bait preservation permits."
27.11(b) The commissioner of natural resources shall amend Minnesota Rules, part
27.126262.0300, subpart 5, to read:
27.13"A. Except as provided in this subpart, the taking of fish for bait purposes from all
27.14Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
27.15the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
27.16estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
27.17B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
27.1897C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
27.19Superior or its tributaries below the posted boundaries may be used to make spawn bags
27.20for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
27.21paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
27.22the posted boundaries and may be transported to and from Lake Superior or its tributaries
27.23below the posted boundaries."
27.24(c) The commissioner may use the good cause exemption under Minnesota Statutes,
27.25section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
27.26Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
27.28 Sec. 53. RULEMAKING; SPEARING ROUGH FISH.
27.29The commissioner of natural resources shall amend Minnesota Rules, part
27.306262.0600, to make seasons for spearing rough fish consistent with the date changes
27.31in sections 29 and 30. The commissioner may use the good cause exemption under
27.32Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
27.33section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
27.34Minnesota Statutes, section 14.388.
28.1 Sec. 54. RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
28.3(a) The commissioner of natural resources shall amend Minnesota Rules, part
28.46133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
28.6(b) The commissioner may use the good cause exemption under Minnesota Statutes,
28.7section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
28.8Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
28.10 Sec. 55. KARST AREA WATER RESOURCES; GOODHUE, FILLMORE,
28.11HOUSTON, OLMSTED, WABASHA, AND WINONA COUNTIES.
28.12(a) Groundwater discharge from natural springs and seepage areas in the Karst
28.13Region of Minnesota is vital to sustaining the coldwater aquatic ecosystems in the region,
28.14as well as recreational, commercial, agricultural, environmental, aesthetic, and economic
28.15well-being. In Goodhue, Fillmore, Houston, Olmsted, Wabasha, and Winona Counties, the
28.16excavation or mining of silica sand, quartz, or industrial minerals by any means, including
28.17digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or shafting,
28.18is prohibited within one mile of any spring, groundwater seepage area, fen, designated
28.19trout stream, class 2a water, as designated in rules of the Pollution Control Agency, or
28.20any tributary of a designated trout stream or class 2a water.
28.21(b) The commissioner of natural resources shall not issue water use permits for
28.22appropriation from groundwater in Goodhue, Fillmore, Houston, Olmsted, Wabasha, or
28.23Winona Counties in connection with: (1) the excavation or mining of silica sand, quartz,
28.24or industrial minerals by any means, including digging, excavating, mining, drilling,
28.25blasting, tunneling, dredging, stripping, or shafting; or (2) the transporting, processing,
28.26washing, cleaning, screening, crushing, filtering, or sorting of silica sand, quartz, or
28.28(c) In order to limit further appropriation of groundwater in Goodhue, Fillmore,
28.29Houston, Olmsted, Wabasha, and Winona Counties, the excavation or mining of silica
28.30sand, quartz, or industrial minerals in these counties by any means, including digging,
28.31excavating, mining, drilling, blasting, tunneling, dredging, stripping, or shafting, is
28.32prohibited at elevations 25 feet above any existing groundwater table or lower.
28.33EFFECTIVE DATE.This section is effective in Goodhue County if approved by
28.34the Board of County Commissioners in Goodhue County the day after timely compliance
28.35by the board and the chief clerical officer of Goodhue County with Minnesota Statutes,
29.1section 645.021, subdivisions 2 and 3. This section is effective in Fillmore County if
29.2approved by the Board of County Commissioners in Fillmore County the day after timely
29.3compliance by the board and the chief clerical officer of Fillmore County with Minnesota
29.4Statutes, section 645.021, subdivisions 2 and 3. This section is effective in Houston
29.5County if approved by the Board of County Commissioners in Houston County the day
29.6after timely compliance by the board and the chief clerical officer of Houston County with
29.7Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section is effective in
29.8Olmsted County if approved by the Board of County Commissioners in Olmsted County
29.9the day after timely compliance by the board and the chief clerical officer of Olmsted
29.10County with Minnesota Statutes, section 645.021, subdivisions 2 and 3. This section is
29.11effective in Wabasha County if approved by the Board of County Commissioners in
29.12Wabasha County the day after timely compliance by the board and the chief clerical officer
29.13of Wabasha County with Minnesota Statutes, section 645.021, subdivisions 2 and 3. This
29.14section is effective in Winona County if approved by the Board of County Commissioners
29.15in Winona County the day after timely compliance by the board and the chief clerical
29.16officer of Winona County with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
29.17 Sec. 56. REPORT TO LEGISLATURE.
29.18By January 15, 2014, the commissioner of natural resources, after consultation
29.19with the Board of Animal Health, the Farmed Cervid Advisory Committee, and other
29.20interested parties, shall report to the chairs and ranking minority members of the house
29.21of representatives and senate committees with jurisdiction over environment and natural
29.22resources policy and finance on the costs of destruction of escaped farmed cervids by
29.23the Department of Natural Resources. The report shall include recommendations for
29.24recovery of the costs and methods to reduce the incidence or amount of those costs, and
29.25any necessary changes in statutes or rules to implement those recommendations.
29.26 Sec. 57. REVISOR'S INSTRUCTION.
29.27The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
29.28boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
29.29 Sec. 58. REPEALER.
29.30(a) Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
29.314a; and 97C.346, are repealed.
29.32(b) Minnesota Rules, part 6264.0400, subpart 8, is repealed."
29.33Delete the title and insert:
30.2relating to natural resources; modifying game and fish laws; modifying
30.3trespassing laws; providing for certain license seizure; modifying fees;
30.4modifying invasive species laws; modifying watercraft provisions; creating a
30.5Minnesota-Wisconsin Boundary Area Invasive Species Commission; modifying
30.6exemptions for the Minnesota Zoological Garden; providing for a special
30.7local law in six counties to protect surface water and groundwater; requiring
30.8rulemaking;amending Minnesota Statutes 2012, sections 84.027, subdivision
30.913, by adding subdivisions; 84D.01, subdivision 15a; 84D.03, subdivision
30.104; 84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by
30.11adding subdivisions; 84D.13, subdivision 2, by adding a subdivision; 85A.02,
30.12subdivision 10; 86B.005, subdivision 18, by adding subdivisions; 86B.13, by
30.13adding a subdivision; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825,
30.14subdivision 2; 97A.051, subdivision 2; 97A.135, subdivision 3; 97A.420,
30.15subdivision 1; 97A.441, subdivision 6; 97A.445, subdivision 1; 97A.451,
30.16subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 3,
30.178; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4, 7; 97B.0215; 97B.022,
30.18subdivision 2; 97B.055, subdivision 2; 97B.071; 97B.112; 97C.341; 97C.345,
30.19subdivisions 1, 2; 97C.376, subdivisions 1, 2, 3; proposing coding for new law in
30.20Minnesota Statutes, chapter 84D; repealing Minnesota Statutes 2012, sections
30.2184D.01, subdivision 22; 97A.451, subdivision 4a; 97C.346; Minnesota Rules,
30.22part 6264.0400, subpart 8."
30.23And when so amended that the bill be recommended to pass and be referred to
30.24the full committee.
30.27March 5, 2013 .....
30.28(Date of Subcommittee recommendation)