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State of Minnesota
S.F. No. 796 - Game and Fish and Invasive Species (Subcommittee Report)
Author: Senator Matt Schmit
Prepared By: Greg Knopff, Senate Analyst (651/296-9399)
Date: March 14, 2013


Section 1 [Season variables; expedited rules] adds the adjustment of season variables to the Department of Natural Resource's (DNR) authority for expedited rules.

Section 2 [Federal law compliance] allows the DNR to use written orders to comply with federal accessibility requirements for power-driven mobility devices on DNR lands and facilities.

Section 3 [Hunting license to a person with a critical illness] provides the DNR with the authority to issue once-in-a-lifetime hunting licenses that are limited by lottery drawing to a person with a critical illness. This section does not apply to elk or moose licenses.

Section 4 [Service provider definition] adds persons who decontaminate water-related equipment and persons who rent or lease water-related equipment to the definition of service provider for the purposes of the invasive species law requirements.

Section 5 [Commercial license; aquatic macrophytes] provides that a person with a commercial license must remove aquatic macrophytes before placing nets and other equipment into waters of the state.  Current law being stricken required their removal when they are removed from waters of the state.

Section 6 [Aquatic macrophytes; permits] removes permit provisions from this section that will be part of a broader permitting provision in this bill.

Section 7 [Launching prohibited] removes a specific reference to zebra mussels that is unnecessary. The term “prohibited invasive species” includes zebra mussels.

Section 8 [Person transporting water-related equipment] allows the hauling of water from noninfested waters in tanker trucks and other vehicles designed for water hauling.

Section 9 [Inspector authority] allows inspection stations to service multiple water accesses from one access on a water body.

Sections 10 to 12 [Invasive species permits] provides authority for the DNR to issue permits under the invasive species law.

Section 13 [Cumulative remedy] adds licensed peace officers under the cumulative remedy provisions of the invasive species law.

Section 14 [Training for offenders] provides a cross-reference to a new requirement for training when a person is convicted or subject to final order for violation of invasive species laws with water-related equipment, beginning July 1, 2015.

Section 15 [Minnesota-Wisconsin Boundary Area Invasive Species Commission] creates the Minnesota-Wisconsin Boundary Area Invasive Species Commission that will become operative if Wisconsin passes the same law.  The commission will be composed of five members from each of the states that are appointed by the respective governors. This section also creates Minnesota-Wisconsin Boundary Area Legislative Advisory Committee comprised of five members of the Senate and five members of the House of Representatives, and a technical advisory committee comprised of ten members from the executive branch or subdivision of the state. This is from SF 580 (Schmit).

Section 16 [Minnesota Zoological Garden wild animal exemptions] exempts the Minnesota Zoological Garden from Board of Animal Health and game and fish laws under a permit issued by the appropriate agency.  This is from SF 756 (Schmit).

Section 17 [Rice boat definition] defines “rice boat” for the purpose of the exemption from watercraft licensing.

Section 18 [Watercraft definition; exception] expands the exception to the watercraft to waterfowl boats during any waterfowl season.

Section 19 [Waterfowl boat definition] defines “waterfowl boat” for the purpose of the exemption from watercraft licensing.

Section 20 [Training for invasive species offenders] provides a new requirement for training when a person is convicted or subject to final order for violation of invasive species laws with water-related equipment, beginning July 1, 2015.

Section 21 [Watercraft license exemptions]expands the watercraft licensing exception for a duck boat used during the duck hunting season to include all waterfowl boats during any waterfowl hunting season.

Section 22 [Personal floatation and lifesaving devices] expands the reference to duck boats to include all waterfowl boats for requirements to have personal floatation and lifesaving devices.

Section 23 [Certificate of title] broadens the exemption from a certificate of title for duck boats to include all waterfowl boats.

Section 24 [Summary of the game and fish laws] adds the term trapping to the game and fish law summary requirement and allows the DNR more flexibility in furnishing copies.  This section also requires posting of the summary on the DNR’s Web site.

Section 25 [Cooperative farming agreements] expands the use of cooperative farming agreements to aquatic management areas.

Section 26 [License seizure; restitution value over $500] expands the current seizure provision so that a person may not obtain or use any of the same type of license, when a violation has a restitution value of over $500.  If it is a big game license violation, this will apply to all big game licenses. When it is a small game violation, this will apply to all small game licenses.

Section 27 [Taking deer; disabled veterans] allows veterans with a 100 percent service connected disability the option of obtaining an annual or a permanent deer license.  This is from SF 729 (Bonoff).

Section 28 [Take a Kid Fishing weekends] allows the DNR to establish the Take a Kid Fishing weekends by written order and expands the provision to include spearing.

Section 29 [Resident spearing; age 16 or 17] exempts residents age 16 or 17 from the spearing license requirement.

Section 30 [Nonresidents under age 16; small game] expands the special small game exceptions to nonresidents under age 16.

Section 31 [Nonresidents age 16 or 17] eliminates small game license requirements for nonresidents under age 16 and allows for a nonresident age 16 or 17 to obtain a small game license with an apprentice hunter validation.

Section 32 [ Residents and nonresidents under age 16; big game] provides for a resident or nonresident age 12 to 15 to hunt big game with an apprentice hunter validation and expands the current law for under age 13 to include nonresidents.

Section 33 [Nonresident youth; spearing] allows nonresidents age 16 or 17, who have an angling license, to spear fish without a spearing license.  This section also exempts nonresidents under age 16 from the requirement to have an angling or spearing license to take fish by spearing.

Section 34 [Resident license fees] adds specific hunting licenses that can be issued to residents age 12 and under.

Section 35 [Nonresident hunting license fees] adds specific hunting licenses that can be issued to nonresidents age 12 and under and decreases the nonresident small game license fee for 16 and 17 year-olds to $5.

Section 36 [Super sports license] decreases the license fee for super sports licenses.

Section 37 [Game and fish license issuing fees] sets certain game and fish license issuing fees at $1.

Section 38 [Remaining on land after notice] clarifies that a person told to leave private land may not return.

Section 39 [Trespass law penalties] provides a cross-reference to the current penalty of a gross misdemeanor when a person knowingly entering posted land for outdoor recreation purposes.

Section 40 [Discharging a firearm in certain areas] modifies the current prohibition with 500 feet of a stockade and corral so that it does not apply when adjacent to public lands. This change will make this discharge prohibition consistent with other discharge prohibitions.

Section 41 [Parent or guardian responsibility] clarifies the guardian responsibility for youth violations.

Section 42 [Apprentice hunter validation; nonresidents] expands the apprentice hunter validation to nonresidents and clarifies the license that must be in possession by the accompanied adult.

Section 43 [Uncased bow; motorized watercraft] allows an uncased bow to be transported in a motorized watercraft.

Section 44 [Blaze orange requirement; ground blinds] requires a minimum of 144 square inches of blaze orange material on a ground blind for a person hunting deer during an open firearms deer season.  This is from SF 627 (Saxhaug).

Section 45 [Special hunts] allows special hunts for hunter recruitment to include adult hunters.

Section 46 [Imported bait] provides that the DNR may adopt rules for using game fish eggs as bait in Lake Superior and below posted boundaries of tributaries.

Section 47 [Taking fish with a spear; time period prohibited] makes the spearing prohibition end on the Friday before the last Saturday in April rather than the current end on April 30.

Section 48 [Spear possession] allows spears to be possessed on or near waters from the last Saturday in April to the last Sunday in February of the next year.

Section 49 [Early bow fishing season] provides for an early bow fishing season on waters South of State Highway 210 from the Monday after the last Sunday in February to the Friday before that last Saturday in April.  A person bow fishing during the early season must be in a boat and on a lake or on the Minnesota, Mississippi, or St. Croix rivers.

Section 50 [Possession of bows and arrows] allows for the possession of bows and arrows during the early bow fishing season.

Section 51 [Nighttime restrictions on motors; bow fishing] removes the requirement that the motor be four-stroke and allows more flexibility in test noise levels.

Section 52 [Rulemaking game and fish eggs as bait] directs the DNR amend specific rules, by exempt rulemaking, on the use of game fish eggs as bait.

Section 53 [Rulemaking; bow fishing] directs the DNR to amend rules, by exempt rulemaking, to adjust rules on bow fishing to be consistent with the changes in the bill.

Section 54 [Rulemaking] directs the DNR to amend restitution rules, by exempt rulemaking, to add a restitution value of $200 for sandhill cranes.

Section 55 [Special law; SE MN] is a special law for six counties in Southeastern Minnesota that would limit permits in the region for silica sand mining within one mile of a trout stream or class 2a water, as designated by the PCA.  This section will also prohibit water appropriation permits for groundwater for silica sand operations in those counties, and mining silica sand with 25 feet of a groundwater table.  This section will take effect in the counties of Goodhue, Fillmore, Houston, Olmsted, Wabasha, and Winona when the county board approves the law change.

Section 56 [Report on escaped cervidae] directs the DNR to consult with the Farmed Cervidae Advisory Committee and other interested parties and report to the chairs and ranking minority members of the legislative committees on natural resource policy and finance with recommendations for DNR recovery of costs due to escaped farmed cervidae.

Section 57 [Revisor instruction] instructs the Revisor of the Statutes to change “duck boat” to “waterfowl boat” in specific rules.

Section 58 [Repealer] repeals statutory provisions related to a zebra mussel definition, nonresidents under age 16 taking big game, and prohibition on returning certain netted rough fish back to the water. This section also repeals a rule that restricted spearing fish on certain lakes from SF 620 (Ingebrigtsen).


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