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S.F. No. 2227 - 2014 Game and Fish (Second Engrossment)
 
Author: Senator Matt Schmit
 
Prepared By:
 
Date: May 6, 2014



 

Sections 1 to 3 [Lac Qui Parle Lake; obsolete language] eliminates obsolete language relating to a conservation project on Lac Qui Parle Lake.

Sections 4 to 5 [Snowmobile use for deer hunting] makes snowmobile operation on state lands consistent with all-terrain vehicle use.

Sections 6 to 8 [ATV definitions] modify definitions of all-terrain vehicles (ATVs) to increase class 1 ATVs by 200 pounds to 1,200 pounds and clarify the definitions.

Section 9 [Technical] eliminates a cross-reference to a statute repealed in the bill.

Sections 10 and 11 [Red Lake WMA; obsolete language] eliminates obsolete language relating to the Red Lake Wildlife Management Area.

Section 12 [Wild rice provision reference; game and fish laws] eliminates a reference to wild rice provisions from the game and fish laws.

Section 13 [Citizen oversight committees clarification] clarifies that the game and fish fund oversight committees are not advisory committees under the general law, and members are only eligible for mileage reimbursement.

Section 14 [State game farms; authorization eliminated] eliminates the authorization for the Department of Natural Resources (DNR) to own game farms.

Section 15 [Special permits; WMAs] adds highway-licensed vehicles and motor boats to the list of vehicles that a hunter with a permanent physical disability can use on a wildlife management area (WMA) with a special permit issued by the DNR.

Section 16 [Crossing state WMA lands] allows for a special permit to be issued to cross WMA lands for persons without other reasonable access to certain lands.

Section 17 [Refunds; incorrect issuance of licenses] allows the DNR to refund the fee paid for game and fish licenses issued incorrectly.

Section 18 [License corrections] allows the DNR to correct a license when a license was issued incorrectly.

Section 19 [Pictorial stamps] expands the ability for persons to purchase pictorial wildlife stamps without purchasing the stamp validation for hunting or fishing.

Section 20 [Technical] removes a cross-reference to a section repealed in the bill.

Sections 21 to 24, 42, 52 to 53 [License alternative for proof of eligibility for free game and fish licenses] provide for a process that will begin in 2016, or when the new driver’s license system is operational, to allow persons eligible for free game and fish licenses to have that noted on their driver’s license. A driver’s license with this designation would serve as proof of the person’s eligibility for the free license. This is from SF 2663 (Bakk).

Sections 25 to 28 [Lifetime licenses] make corrections to the fees for lifetime licenses to better reflect license fee changes in 2012.

Sections 29 to 30 [Bear license fees; youth] allows both resident and nonresident youth age 10, 11, or 12 to receive a bear license for no fee and for persons age 13 to 17 to purchase a bear license for $5.

Section 31 [Free licenses; no issuing fee] removes the issuing fee for game licenses issued for free.

Section 32 [Deer killed by motor vehicles] eliminates the requirement for the DNR to provide standardized form to road authorities for reporting deer killed by motor vehicles.

Section 33 [Trespass; returning within one year] prohibits person who is personally notified not to remain on another person’s private land from returning to the land within one year of being notified.

Section 34 [Trespass; knowing violation] provides a cross-reference to the gross misdemeanor penalty for knowingly trespassing on posted land.

Section 35 [Discharging firearms; stockade or corral] provides that the prohibition on discharging a firearm within 500 feet of a stockade or corral confining livestock does not apply to public land that is not a road right-of-way.  This section also clarifies that that the stockade or corral must be for normal livestock holding and sorting activities, and expands the prohibition related to houses and occupied buildings to any discharge of a firearm.

Section 36 [Electronic range finder; muzzleloader season] clarifies that a special permit is not needed to use an electronic range finder during the muzzleloader season.

Section 37 [Crossbow hunting; persons age 60 or over] contains the provision allowing persons age 60 or over to take deer, bear, turkey, or rough fish during the respective regular archery seasons from SF 2018 (Saxhaug).

Section 38 [Electronic range finder; shining law] clarifies that the use of an electronic range finder at night is not a violation of the shining law.

Section 39 [Thermal imaging; prohibiting use while taking wild animals] prohibits the taking or possession of wild animals while possessing thermal imaging equipment.

Section 40 [Technical] recodifies certain prohibitions on disturbing fox and raccoon dens from sections repealed in the bill.

Section 41 [Prohibiting the use of fire or smoke or cutting trees to take protected wild animals] broadens the prohibition in current law on the taking of protected wild animals by use of fire or smoke or the cutting of trees.  Under current law, repealed in the bill, the prohibition applies to squirrels and raccoons.

Section 43 [Elk management plan] removes the requirement for the elk management plan to restrict elk to nonagricultural land.

Section 44 [Small game seasons, limits, restrictions, and areas] broadens the law for establishing certain small game seasons, limits, restrictions, and areas to include all small game.  This section will replace many species-specific authorization provisions being repealed in the bill.

Section 45 to 47 [Technical] updates references to the DNR’s Fish and Wildlife Division.

Section 48 [Canada geese causing damage] allows persons or their agents on land or nonpublic waters owned or operated by the person to nonlethally harass Canada geese causing property damage from March 11 to August 31.

Section 49 [Migratory game birds] allows the DNR to establish areas for the taking of migratory game birds.

Section 50 [Minnows and leeches; invasive species training] provides for required invasive species training for minnow dealers and their employees involved in taking, selling, or transporting for sale minnows – the definition of “minnow” includes leeches. This section also requires residents under the age of 18 who take, sell, or transport for sale leeches to have invasive species training. These requirements start on March 1, 2015.

Section 51 [Commercial fish; invasive species permit certification] requires a commercial fishing license holder and their apprentices to have invasive species training.  These requirements start on March 1, 2015.

Section 54 [Raffles that include wild game or fish] authorizes organizations that are licensed to conduct raffles to conduct a raffle in conjunction with a wild game or fish taking event.  This is from SF 2048, as amended (Tomassoni).

Section 55 [2008 appropriation] contains the broadening of the use for a 2008 appropriation for shooting sports facilities from SF 1748 (Saxhaug).

Section 56 [Refunds; lifetime licenses] allows the DNR to issue refunds to persons who after March 1, 2013, paid more for a lifetime license than the adjusted fees in the bill.

Section 57 [Gray partridge bag limits] directs the DNR to amend their rules by exempt rulemaking on daily and possession limits for gray partridge.

Section 58 [Muskellunge minimum size limits] directs the DNR to amend their rules by exempt rulemaking to increase the minimum size limit for muskellunge to 50 inches in length.  This section also directs the DNR to establish a minimum limit of 56 inches on at least 20 lakes, and clarifies that the rule change does not apply to muskellunge-northern pike hybrid lakes in the seven-county metropolitan area.  The current minimum in rule is 48 inches.  This is from SF 2606, as amended (Hoffman).

Section 59 [Rulemaking; snowmobile operation during big game hunting seasons] directs the DNR to amend their rules by exempt rulemaking to modify rules related to snowmobiles during big game hunting seasons to reflect the changes made in the bill.

Section 60 [Hybrid and narrow leaf cattail control; Loring Park Lake] contains the provision that directs the DNR to issue an unrestricted aquatic plant management permit to the Minneapolis Park and Recreation Board to remove narrow and hybrid cattails from Loring Park Lake from SF 2067, as amended (Dibble).

Section 61 [Quail Recovery Report] contains a study and report on quail recovery in Minnesota from SF 2531, as amended (Schmit).

Section 62 [Fishing pier on Long Lake; Stearns County] directs the DNR to work with a nonstate entity to establish a fishing pier on Long Lake in Stearns County.  This is from SF 1657, as amended (Westrom).

Section 63 [Revisor instructions] directs the Revisor of the Statutes to modify references to a statutory range to reflect the repeal of a statutory section in the bill.

Section 64 [Repealer] repeals Minnesota Statutes, sections:

            84.154 – Lac Qui Parle water control project;

            84A.04; 84A.08; and 84A.11 – Red Lake Game Preserve;

            97A.081 – Posting DNR land;

            97A.083 – Hunting and fishing on state land;

            97A.445, subdivision 3 – license exemption for railroad and postal retirees;

            97A.4742, subdivision 3 – Lifetime license trust fund report;

            97B.061 – DNR request for reports on game animal taken;

            97B.611 – Squirrel seasons and limits;

            97B.615 – Rabbit and hare seasons and limits;

            97B.621, subdivision 1 and 4 – Raccoon seasons and limits;

            97B.625 – Bobcat seasons and limits;

            97B.631 – Fox seasons and limits;

            97B.635 – Fisher, badger, opossum, and pine marten seasons and limits;

            97B.711 – Game bird seasons and limits;

            97B.715, subdivision 2 – Hen pheasant limits;

            97B.803 – Migratory waterfowl seasons and limits;

            97B.911 – Muskrat seasons and limits;

            97B.915 – Mink seasons and limits;

            97B.921 – Otter seasons and limits;

            97B.925 – Beaver seasons and limits;

            97C.011 – Muskellunge lakes;

  97C.081, subdivision 5 – raffles with ice fishing contest; and

            97C.827 – Lake of the Woods commercial fishing.

This section also repeals Minnesota rules part 6100.5100 – use of snowmobiles during hunting season.

GK:dv

 

 

 

 

 
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