1.2relating to natural resources; modifying commissioner's authorities and duties;
1.3modifying definitions; modifying invasive species provisions; modifying
1.4watercraft provisions; providing for certain license seizures; modifying
1.5game and fish license provisions; modifying requirements for taking game
1.6and fish; providing for certain all-terrain vehicle registration and watercraft
1.7license exemptions; modifying nonresident all-terrain vehicle state trail pass
1.8requirements; requiring rulemaking;amending Minnesota Statutes 2012, sections
1.984.027, subdivision 13, by adding subdivisions; 84.922, subdivision 1a; 84.9275,
1.10subdivision 1; 84D.01, subdivision 15a; 84D.03, subdivision 4; 84D.09; 84D.10,
1.11subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding subdivisions;
1.1284D.13, subdivision 2, by adding a subdivision; 86B.005, subdivision 18, by
1.13adding subdivisions; 86B.13, by adding a subdivision; 86B.301, subdivision
1.142; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.135, subdivision 3;
1.1597A.420, subdivision 1; 97A.441, subdivisions 6, 6a; 97A.445, subdivision
1.161; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475,
1.17subdivisions 2, 8; 97A.485, subdivision 6; 97B.0215; 97B.022, subdivision 2;
1.1897B.055, subdivision 2; 97B.071; 97B.112; 97C.341; 97C.345, subdivisions 1,
1.192; 97C.375; 97C.376, subdivisions 1, 2, 3; repealing Minnesota Statutes 2012,
1.20sections 84D.01, subdivision 22; 97A.451, subdivision 4a; 97C.346; Laws 2011,
1.21First Special Session chapter 2, article 5, section 69.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.23 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
1.24 Subd. 13.
Game and fish rules. (a) The commissioner of natural resources may
1.25adopt rules under sections
97A.0451 to
97A.0459 and this subdivision that are authorized
1.26under:
1.27(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.28areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.29prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
1.30disease, to open or close bodies of water or portions of bodies of water for night bow
1.31fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.1(2) sections
84.093,
84.15, and
84.152 to set seasons for harvesting wild ginseng
2.2roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.3(3) section
84D.12 to designate prohibited invasive species, regulated invasive
2.4species, unregulated nonnative species, and infested waters.
2.5(b) If conditions exist that do not allow the commissioner to comply with sections
2.697A.0451
to
97A.0459,
including the need to adjust season variables on an annual basis
2.7based upon current biological and harvest data, the commissioner may adopt a rule under
2.8this subdivision by submitting the rule to the attorney general for review under section
2.997A.0455
, publishing a notice in the State Register and filing the rule with the secretary
2.10of state and the Legislative Coordinating Commission, and complying with section
2.1197A.0459
, and including a statement of the
emergency conditions and a copy of the rule
2.12in the notice. The
emergency conditions for opening a water body or portion of a water
2.13body for night bow fishing under this section may include the need to temporarily open
2.14the area to evaluate compatibility of the activity on that body of water prior to permanent
2.15rulemaking. The notice may be published after it is received from the attorney general or
2.16five business days after it is submitted to the attorney general, whichever is earlier.
2.17(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.18Register and may be effective up to seven days before publishing and filing under
2.19paragraph (b), if:
2.20(1) the commissioner of natural resources determines that an emergency exists;
2.21(2) the attorney general approves the rule; and
2.22(3) for a rule that affects more than three counties the commissioner publishes the
2.23rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.24rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.25newspaper in each of the affected counties.
2.26(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.27(3), may not be effective earlier than seven days after publication.
2.28(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.29rule is published if the commissioner gives notice and holds a public hearing on the rule
2.30within 15 days before publication.
2.31(f) The commissioner shall attempt to notify persons or groups of persons affected
2.32by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.33other appropriate means as determined by the commissioner.
2.34(g) Notwithstanding section
97A.0458, a rule adopted under this subdivision is
2.35effective for the period stated in the notice but not longer than 18 months after the rule is
2.36adopted effective.
3.1 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.2to read:
3.3 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
3.4the commissioner may establish, by written order, policies for the use and operation of
3.5other power-driven mobility devices, as defined under Code of Federal Regulations, title
3.628, section 35.104, on lands and in facilities administered by the commissioner for the
3.7purposes of implementing the Americans with Disabilities Act, United States Code, title
3.842, section 12101 et seq. These policies are exempt from the rulemaking provisions of
3.9chapter 14 and section 14.386 does not apply.
3.10 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.11to read:
3.12 Subd. 20. Hunting licenses to critically ill persons. The commissioner may allow
3.13critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by a
3.14lottery drawing, which licenses allow for taking game within established hunting seasons
3.15or season frameworks. The commissioner may provide the licenses to persons who are
3.16participating in a program for critically ill hunters sponsored by a nonprofit organization
3.17with expertise in providing hunting opportunities to hunters who are gravely ill or have
3.18physical disabilities. The commissioner may provide licenses or permits otherwise limited
3.19by drawings, including wild turkey, deer, bear, prairie chicken, and wolf. The commissioner
3.20may not allow the purchase of moose and elk licenses under this subdivision. Deer licenses
3.21authorized by the commissioner under this subdivision may be for deer of either sex.
3.22 Sec. 4. Minnesota Statutes 2012, section 84.922, subdivision 1a, is amended to read:
3.23 Subd. 1a.
Exemptions. All-terrain vehicles exempt from registration are:
3.24 (1) vehicles owned and used by the United States, an Indian tribal government, the
3.25state, another state, or a political subdivision;
3.26 (2) vehicles
that are registered in another state or country
that and have not been
3.27in this state for more than 30 consecutive days
or that are registered by an Indian tribal
3.28government to a tribal member and have not been outside the tribal reservation boundary
3.29for more than 30 consecutive days;
3.30(3) vehicles that:
3.31(i) are owned by a resident of another state or country that does not require
3.32registration of all-terrain vehicles;
3.33(ii) have not been in this state for more than 30 consecutive days; and
4.1(iii) are operated on state and grant-in-aid trails by a nonresident possessing a
4.2nonresident all-terrain vehicle state trail pass;
4.3 (4) vehicles used exclusively in organized track racing events; and
4.4 (5) vehicles that are 25 years old or older and were originally produced as a separate
4.5identifiable make by a manufacturer.
4.6EFFECTIVE DATE.This section is effective January 1, 2014.
4.7 Sec. 5. Minnesota Statutes 2012, section 84.9275, subdivision 1, is amended to read:
4.8 Subdivision 1.
Pass required; fee. (a)
A tribal member exempt from registration
4.9under section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an
4.10all-terrain vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator
4.11carries a valid nonresident all-terrain vehicle state trail pass in immediate possession. The
4.12pass must be available for inspection by a peace officer, a conservation officer, or an
4.13employee designated under section
84.0835.
4.14(b) The commissioner of natural resources shall issue a pass upon application and
4.15payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
4.16collected under this section, except for the issuing fee for licensing agents, shall be
4.17deposited in the state treasury and credited to the all-terrain vehicle account in the natural
4.18resources fund and, except for the electronic licensing system commission established by
4.19the commissioner under section
84.027, subdivision 15, must be used for grants-in-aid to
4.20counties and municipalities for all-terrain vehicle organizations to construct and maintain
4.21all-terrain vehicle trails and use areas.
4.22 (c) A nonresident all-terrain vehicle state trail pass is not required for:
4.23 (1) an all-terrain vehicle that is owned and used by the United States, another state,
4.24or a political subdivision thereof that is exempt from registration under section
84.922,
4.25subdivision 1a;
4.26 (2) a person operating an all-terrain vehicle only on the portion of a trail that is
4.27owned by the person or the person's spouse, child, or parent; or
4.28(3) a nonresident operating an all-terrain vehicle that is registered according to
4.29section
84.922.
4.30EFFECTIVE DATE.This section is effective January 1, 2014.
4.31 Sec. 6. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
4.32 Subd. 15a.
Service provider. "Service provider" means an individual who or entity
4.33that
:
5.1(1) decontaminates, installs
, or removes water-related equipment or structures
into
5.2or from waters of the state for hire or as a service provided as a benefit of membership in a
5.3yacht club, boat club, marina, or similar organization
; or
5.4(2) rents or leases water-related equipment that will be used in, placed into, or
5.5removed from waters of the state.
5.6Service provider does not include a person working under the supervision of an individual
5.7with a valid service provider permit issued under section
84D.108.
5.8 Sec. 7. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
5.9 Subd. 4.
Commercial fishing and turtle, frog, and crayfish harvesting
5.10restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
5.11stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
5.12an infested water that is designated because it contains invasive fish, invertebrates, or
5.13certifiable diseases, as defined in section
17.4982, may not be used in any other waters.
5.14If a commercial licensee operates in an infested water designated because it contains
5.15invasive fish, invertebrates, or certifiable diseases, as defined in section
17.4982, all nets,
5.16traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
5.17crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
5.18certifiable diseases, as defined in section
17.4982, must be tagged with tags provided by
5.19the commissioner, as specified in the commercial licensee's license or permit. This tagging
5.20requirement does not apply to commercial fishing equipment used in Lake Superior.
5.21(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
5.22turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
5.23contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
5.24minimum of two days before they are used in any other waters, except as provided in this
5.25paragraph. Commercial licensees must notify the department's regional or area fisheries
5.26office or a conservation officer before removing nets or equipment from an infested water
5.27designated solely because it contains Eurasian water milfoil and before resetting those nets
5.28or equipment in any other waters. Upon notification, the commissioner may authorize a
5.29commercial licensee to move nets or equipment to another water without freezing or drying,
5.30if that water is designated as infested solely because it contains Eurasian water milfoil.
5.31(c) A commercial licensee must remove all aquatic macrophytes from nets and other
5.32equipment
when the nets and equipment are removed from before placing the equipment
5.33into waters of the state.
5.34(d) The commissioner shall provide a commercial licensee with a current listing of
5.35designated infested waters at the time that a license or permit is issued.
6.1 Sec. 8. Minnesota Statutes 2012, section 84D.09, is amended to read:
6.284D.09 AQUATIC MACROPHYTES.
6.3 Subdivision 1.
Transportation prohibited. Unless specifically authorized under
6.4a license or permit issued by the commissioner, a person may not transport aquatic
6.5macrophytes, except as provided in this section.
6.6 Subd. 2.
Exceptions. Unless otherwise prohibited by law, a person may transport
6.7aquatic macrophytes:
6.8 (1) that are duckweeds in the family Lemnaceae;
6.9 (2) for disposal as part of a harvest or control activity when specifically authorized
6.10under an aquatic plant management permit pursuant to section
103G.615, under permit
6.11pursuant to section
84D.11, or as specified by the commissioner;
6.12 (3) (2) for purposes of constructing shooting or observation blinds in amounts
6.13sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
6.14above the waterline;
6.15 (4) (3) when legally purchased or traded by or from commercial or hobbyist sources
6.16for aquarium, wetland or lakeshore restoration, or ornamental purposes;
6.17 (5) (4) when harvested for personal or commercial use if in a motor vehicle;
6.18 (6) (5) to the department, or another destination as the commissioner may direct, in a
6.19sealed container for purposes of identifying a species or reporting the presence of a species;
6.20 (7) when transporting commercial aquatic plant harvesting or control equipment to a
6.21suitable location for purposes of cleaning any remaining aquatic macrophytes;
6.22 (8) (6) that are wild rice harvested under section
84.091;
6.23 (9) (7) in the form of fragments of emergent aquatic macrophytes incidentally
6.24transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
6.25season; or
6.26 (10) (8) when removing water-related equipment from waters of the state for
6.27purposes of cleaning off aquatic macrophytes before leaving a water access site.
6.28 Sec. 9. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
6.29 Subdivision 1.
Launching prohibited. A person may not place or attempt to place
6.30into waters of the state water-related equipment, including aquatic plant harvesting or
6.31control equipment that has aquatic macrophytes
, zebra mussels, or prohibited invasive
6.32species attached except as provided in this section.
6.33 Sec. 10. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
7.1 Subd. 4.
Persons transporting water-related equipment. (a) When leaving waters
7.2of the state a person must drain water-related equipment holding water and live wells and
7.3bilges by removing the drain plug before transporting the water-related equipment off
7.4the water access site or riparian property.
7.5 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
7.6from ballast tanks, bilges, and live wells must be removed or opened while transporting
7.7water-related equipment.
7.8 (c) Emergency response vehicles and equipment may be transported on a public road
7.9with the drain plug or other similar device replaced only after all water has been drained
7.10from the equipment upon leaving the water body.
7.11 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
7.12when fishing through the ice except on waters designated infested for viral hemorrhagic
7.13septicemia, and marine sanitary systems are exempt from this subdivision.
7.14 (e) A person must not dispose of bait in waters of the state.
7.15(f) A boat lift, dock, swim raft, or associated equipment that has been removed
7.16from any water body may not be placed in another water body until a minimum of 21
7.17days have passed.
7.18(g) A person who transports water that is appropriated from noninfested surface
7.19water bodies and that is transported by a commercial vehicle, excluding watercraft, or
7.20commercial trailer, which vehicle or trailer is specifically designed and used for water
7.21hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
7.22the transported water to other surface waters or within 100 feet of a surface water body.
7.23(h) A person transporting water from noninfested surface water bodies for
7.24firefighting or emergencies that threaten human safety or property is exempt from
7.25paragraphs (a) and (b).
7.26 Sec. 11. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
7.27 Subd. 2.
Inspector authority. (a) The commissioner shall train and authorize
7.28individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
7.29species, and water. The commissioner may enter into a delegation agreement with a
7.30tribal or local government where inspection authority as provided under paragraphs (b),
7.31(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
7.32and administrative responsibilities for inspection programs on some or all public waters
7.33within their jurisdiction.
7.34(b) Inspectors may visually and tactilely inspect watercraft and water-related
7.35equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
8.1is present. If a person transporting watercraft or water-related equipment refuses to
8.2take required corrective actions or fails to comply with an order under section
84D.10,
8.3subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
8.4to a conservation officer or other licensed peace officer.
8.5(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
8.6may inspect any watercraft or water-related equipment that is stopped at a water access
8.7site, any other public location in the state, or a private location where the watercraft or
8.8water-related equipment is in plain view, if the officer determines there is reason to believe
8.9that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
8.10water-related equipment.
8.11(d) Conservation officers or other licensed peace officers may utilize check stations
8.12in locations, or in proximity to locations, where watercraft or other water-related
8.13equipment is placed into or removed from waters of the state. Any check stations shall be
8.14operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
8.15(e) Conservation officers or other licensed peace officers may order water-related
8.16equipment to be removed from a water body if the commissioner determines such action is
8.17needed to implement aquatic invasive species control measures.
8.18(f) The commissioner may require mandatory inspections of water-related equipment
8.19before a person places or removes water-related equipment into or out of a water body.
8.20Inspection stations may be located at or near public water accesses or in locations that
8.21allow for servicing
individual or multiple water bodies. The commissioner shall ensure
8.22that inspection stations:
8.23(1) have adequate staffing to minimize delays to vehicles and their occupants;
8.24(2) allow for reasonable travel times between public accesses and inspection stations
8.25if inspection is required before placing water-related equipment into a water body;
8.26(3) are located so as not to create traffic delays or public safety issues;
8.27(4) have decontamination equipment available to bring water-related equipment
8.28into compliance; and
8.29(5) do not reduce the capacity or hours of operation of public water accesses.
8.30(g) The commissioner may authorize tribal and local governments that enter into
8.31a delegation agreement with the commissioner to conduct mandatory inspections of
8.32water-related equipment at specified locations within a defined area before a person
8.33places or removes water-related equipment into or out of a water body. Tribal and local
8.34governments that are authorized to conduct inspections under this paragraph must:
8.35(1) assume all legal, financial, and administrative responsibilities for implementing
8.36the mandatory inspections, alone or in agreement with other tribal or local governments;
9.1(2) employ inspectors that have been trained and authorized by the commissioner;
9.2(3) conduct inspections and decontamination measures in accordance with guidelines
9.3approved by the commissioner;
9.4(4) have decontamination equipment available at inspection stations or identify
9.5alternative decontamination equipment locations within a reasonable distance of the
9.6inspection station that can bring water-related equipment into compliance;
9.7(5) provide for inspection station locations that do not create traffic delays or public
9.8safety issues; and
9.9(6) submit a plan approved by the commissioner according to paragraph (h).
9.10(h) Plans required under paragraph (g) must address:
9.11(1) no reduction in capacity or hours of operation of public accesses and fees that
9.12do not discourage or limit use;
9.13(2) reasonable travel times between public accesses and inspection stations;
9.14(3) adequate staffing to minimize wait times and provide adequate hours of operation
9.15at inspection stations and public accesses;
9.16(4) adequate enforcement capacity;
9.17(5) measures to address inspections of water-related equipment at public water
9.18accesses for commercial entities and private riparian land owners; and
9.19(6) other elements as required by the commissioner to ensure statewide consistency,
9.20appropriate inspection and decontamination protocols, and protection of the state's
9.21resources, public safety, and access to public waters.
9.22(i) A government unit authorized to conduct inspections under this subdivision must
9.23submit an annual report to the commissioner summarizing the results and issues related
9.24to implementing the inspection program.
9.25(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
9.26programs where authorized inspectors are placed directly at one or more water access
9.27sites, with no requirement for a person to travel from the water access for inspection
9.28or decontamination, and no local ordinance or other regulation requiring a mandatory
9.29inspection before placing watercraft or water-related equipment into a water body or after
9.30watercraft or water-related equipment are removed from a water body.
9.31 Sec. 12. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
9.32to read:
9.33 Subd. 2b. Transport of water. The commissioner may issue a permit under this
9.34section or an authorization under other licenses or permits pursuant to sections 97C.801,
10.197C.811, and 103G.271 to allow the transport of water in containers or water-related
10.2equipment specifically designed and used for hauling water.
10.3 Sec. 13. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
10.4to read:
10.5 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
10.6permit to allow the transport of aquatic macrophytes to locations specified in the permit
10.7for purposes of research, education, and decontaminating equipment.
10.8 Sec. 14. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
10.9to read:
10.10 Subd. 2d. Special permits. The commissioner may issue special permits for the
10.11activities in this section. A special permit may be issued in the form of a general permit
10.12to a governmental subdivision or to the general public to conduct one or more activities
10.13under a single permit.
10.14 Sec. 15. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
10.15 Subd. 2.
Cumulative remedy. The authority of conservation officers
and other
10.16licensed peace officers to issue civil citations is in addition to other remedies available
10.17under law, except that the state may not seek penalties under any other provision of law
10.18for the incident subject to the citation.
10.19 Sec. 16. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
10.20to read:
10.21 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
10.22order for a violation of this chapter involving water-related equipment must successfully
10.23complete a training course as provided in section 86B.13.
10.24EFFECTIVE DATE.This section is effective July 1, 2015.
10.25 Sec. 17. Minnesota Statutes 2012, section 86B.005, is amended by adding a
10.26subdivision to read:
10.27 Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
10.28for harvesting wild rice.
10.29 Sec. 18. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
11.1 Subd. 18.
Watercraft. "Watercraft" means any contrivance used or designed for
11.2navigation on water, except:
11.3(1) a
duck waterfowl boat during the
duck waterfowl hunting
season seasons;
11.4(2) a rice boat during the harvest season; or
11.5(3) a seaplane.
11.6 Sec. 19. Minnesota Statutes 2012, section 86B.005, is amended by adding a
11.7subdivision to read:
11.8 Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
11.9while hunting waterfowl.
11.10 Sec. 20. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
11.11to read:
11.12 Subd. 1a. Training for offenders. A person who is convicted of or subject to
11.13a final order for a violation of chapter 84D involving water-related equipment must
11.14successfully complete the training course in subdivision 1 before continuing operation or
11.15use of water-related equipment.
11.16EFFECTIVE DATE.This section is effective July 1, 2015.
11.17 Sec. 21. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
11.18 Subd. 2.
Exemptions. A watercraft license is not required for:
11.19(1) a watercraft that is covered by a license or number in full force and effect under
11.20federal law or a federally approved licensing or numbering system of another state, and
11.21has not been within this state for more than 90 consecutive days, which does not include
11.22days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
11.23port or another port in the state;
11.24(2) a watercraft from a country other than the United States that has not been within
11.25this state for more than 90 consecutive days, which does not include days that a watercraft is
11.26laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
11.27(3) a watercraft owned by the United States, an Indian tribal government, a state, or
11.28a political subdivision of a state, except watercraft used for recreational purposes;
11.29(4) a ship's lifeboat;
11.30(5) a watercraft that has been issued a valid marine document by the United States
11.31government;
11.32(6) a
duck waterfowl boat during
duck waterfowl hunting season;
11.33(7) a rice boat during the harvest season;
12.1(8) a seaplane;
and
12.2(9) a nonmotorized watercraft ten feet in length or less
; and
12.3(10) a watercraft that is covered by a valid license or number issued by a federally
12.4recognized Indian tribe in the state under a federally approved licensing or numbering
12.5system and that is owned by a member of that tribe.
12.6EFFECTIVE DATE.Clause (10) is effective January 1, 2015.
12.7 Sec. 22. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
12.8 Subdivision 1.
Personal flotation or lifesaving devices. (a) Watercraft and
duck
12.9 waterfowl boats using the waters of this state must be equipped with the number and type
12.10of personal flotation or lifesaving devices prescribed by the commissioner.
12.11(b) The commissioner may not:
12.12(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
12.13(2) require persons on sailboards to wear personal flotation or lifesaving devices
12.14or have them readily available.
12.15 Sec. 23. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
12.16 Subd. 2.
Exempt watercraft. A watercraft is not required to have a certificate of
12.17title if the watercraft is:
12.18(1) owned by a manufacturer or dealer and held for sale;
12.19(2) used by a manufacturer solely for testing;
12.20(3) from a jurisdiction other than this state, temporarily using the waters of this state;
12.21(4) owned by the United States, a state, this state, or a political subdivision;
12.22(5) a
duck waterfowl boat used only during
duck waterfowl hunting season;
12.23(6) a rice boat used only during the wild rice harvesting season;
12.24(7) owned by a person, firm, or corporation operating a resort as defined in section
12.25157.15
or a recreational camping area as defined in section
327.14, subdivision 8, except
12.26with respect to a previously titled watercraft; or
12.27(8) watercraft manufactured prior to August 1, 1979.
12.28 Sec. 24. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
12.29 Subd. 3.
Cooperative farming agreements. On any public hunting, game refuge,
12.30wildlife management area,
aquatic management area, or scientific and natural area lands,
12.31the commissioner may enter into written cooperative farming agreements on a sharecrop
12.32basis, without competitive bidding, for the purpose of wildlife and plant management.
12.33Cooperative farming agreements may also be used to allow pasturing of livestock. The
13.1agreements may provide for the bartering of a share of any crop, produced from these
13.2lands, for services or products that will enhance or benefit the management of state lands
13.3for plant and animal species. Cooperative farming agreements pursuant to this section shall
13.4not be considered leases for tax purposes under section
272.01, subdivision 2, or
273.19.
13.5 Sec. 25. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
13.6 Subdivision 1.
Seizure. (a) An enforcement officer shall immediately seize the
13.7license of a person who unlawfully takes, transports, or possesses wild animals when the
13.8restitution value of the wild animals exceeds $500. Except as provided in subdivisions
13.92, 4, and 5, the person may not
use or obtain any license to take the same type of wild
13.10animals involved, including a duplicate license, until an action is taken under subdivision
13.116.
If the license seized under this paragraph was for a big game animal, the license seizure
13.12applies to all licenses to take big game issued to the individual. If the license seized under
13.13this paragraph was for small game animals, the license seizure applies to all licenses to
13.14take small game issued to the individual.
13.15(b) In addition to the license seizure under paragraph (a), if the restitution value of
13.16the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
13.17game and fish licenses held by the person shall be immediately seized. Except as provided
13.18in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
13.19including a duplicate license, until an action is taken under subdivision 6.
13.20(c) A person may not take wild animals covered by a license seized under this
13.21subdivision until an action is taken under subdivision 6.
13.22 Sec. 26. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
13.23 Subd. 6.
Taking deer; disabled veterans. A person authorized to issue licenses
13.24must issue, without a fee, a license to take deer with firearms or by archery to a resident
13.25that is a veteran, as defined in section
197.447, and that has a 100 percent service
13.26connected disability as defined by the United States Veterans Administration upon being
13.27furnished satisfactory evidence.
The commissioner, upon request, must issue a permanent
13.28card documenting satisfactory evidence of 100 percent permanently disabled status. The
13.29card serves as satisfactory evidence to obtain a license under this subdivision at all agent
13.30locations.
13.31 Sec. 27. Minnesota Statutes 2012, section 97A.441, subdivision 6a, is amended to read:
13.32 Subd. 6a.
Taking small game; disabled veterans. A person authorized to issue
13.33licenses must issue, without a fee, a license to take small game to a resident who is a veteran,
14.1as defined in section
197.447, and who has a 100 percent service connected disability as
14.2defined by the United States Veterans Administration upon being furnished satisfactory
14.3evidence.
The commissioner, upon request, must issue a permanent card documenting
14.4satisfactory evidence of 100 percent permanently disabled status. The card serves as
14.5satisfactory evidence to obtain a license under this subdivision at all agent locations.
14.6 Sec. 28. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
14.7 Subdivision 1.
Angling; Take a Kid Fishing Weekends. (a) A resident age 16
14.8years or older may take fish by angling without an angling
or license and may take fish by
14.9spearing from a dark house without a spearing license and without a fish house
or dark
14.10house license during one three-day consecutive period of the open water angling season
14.11and one three-day consecutive period of the ice angling season designated by
rule of
14.12 the commissioner if
the resident is accompanied by a child who is under age 16.
The
14.13commissioner may, by written order published in the State Register, establish the three-day
14.14consecutive periods. The written order is not subject to the rulemaking provisions of
14.15chapter 14 and section 14.386 does not apply.
14.16 (b) The commissioner
shall may designate and publicize the three-day periods as
14.17"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
14.18Fishing Weekend" for the ice angling season.
The commissioner shall announce the date
14.19of each three-day weekend at least 30 days in advance of the date it occurs.
14.20 Sec. 29. Minnesota Statutes 2012, section 97A.451, is amended by adding a
14.21subdivision to read:
14.22 Subd. 2a. Residents age 16 or 17; spearing. Residents age 16 or over and under
14.23age 18 may take fish by spearing without a spearing license but must possess a fishing
14.24license under section 97A.475, subdivision 6, clause (7).
14.25 Sec. 30. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
14.26 Subd. 3.
Residents and nonresidents under age 16; small game. (a) A resident
or
14.27nonresident under age 16 may not obtain a small game license but may take small game
14.28by firearms or bow and arrow without a license if the resident
or nonresident is:
14.29 (1) age 14 or 15 and possesses a firearms safety certificate;
14.30 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
14.31guardian;
15.1 (3) age 13, 14, or 15,
and possesses an apprentice hunter validation
, and is
15.2accompanied by a parent or guardian who possesses a small game license that was not
15.3obtained using an apprentice hunter validation as provided under section 97B.022; or
15.4 (4) age 12 or under and is accompanied by a parent or guardian.
15.5 (b) A resident under age 16 may take small game, other than wolves, by trapping
15.6without a small game license, but a resident 13 years of age or older must have a trapping
15.7license. A resident under age 13 may trap small game, other than wolves, without a
15.8trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
15.9resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
15.10under age five must be included in the limit of the accompanying parent or guardian.
15.11 (c) A resident
or nonresident under age 13 must obtain a free turkey license to
15.12take turkey and may take a turkey without a firearms safety certificate if the resident
or
15.13nonresident is accompanied by an adult parent or guardian who has a firearms safety
15.14certificate.
15.15 (d) A resident under age 13 may apply for a prairie chicken license and may take a
15.16prairie chicken without a firearms safety certificate if the resident is accompanied by an
15.17adult parent or guardian who has a firearms safety certificate.
15.18 Sec. 31. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
15.19 Subd. 3b.
Nonresidents age 16 or over and under age 18; small game. (a) A
15.20nonresident age 16 or over and under age 18 may take small game by firearms or archery
15.21and may obtain a small game license at the youth fee under section
97A.475, subdivision
15.223
, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate
or an
15.23apprentice hunter validation as provided under section 97B.022.
15.24(b) A nonresident under age 16 may take small game by firearms or archery and may
15.25obtain a small game license without paying the applicable fees under section
97A.475,
15.26subdivisions 3, 4, and 5, if the nonresident is:
15.27(1) age 14 or 15 and possesses a firearms safety certificate;
15.28(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
15.29or guardian; or
15.30(3) age 12 or under and is accompanied by a parent or guardian.
15.31 Sec. 32. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
15.32 Subd. 4.
Residents and nonresidents under age 13 16; big game. (a) A resident
15.33or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
15.34the person possesses a firearms safety certificate or an apprentice hunter validation as
16.1provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
16.2parent or guardian to hunt big game.
16.3 (b) A resident
or nonresident age ten or
over and under age 13 11 must obtain a
16.4license under paragraph (c) and may take big game, provided the person is under the direct
16.5supervision of a parent or guardian where the parent or guardian is within immediate reach.
16.6 (c) A resident
or nonresident age ten
or over and under age 13, 11, or 12 must obtain
16.7a license to take big game
and may obtain the license without paying the fee required
16.8 under section
97A.475, subdivision 2 or 3.
16.9 Sec. 33. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
16.10 Subd. 5.
Nonresident youth; angling. (a) A nonresident under age 16 may:
16.11(1) take fish by angling without a license if a parent or guardian has a fishing license.
16.12Fish taken by a nonresident under age 16 without a license must be included in the limit
16.13of the parent or guardian;
16.14(2) purchase a youth fishing license under section
97A.475, subdivision 7, paragraph
16.15(a), clause (8), and possess a limit of fish; or
16.16(3) be included under a nonresident family angling license and possess a limit of fish.
16.17(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
16.18angle under section
97A.475, subdivision 7, paragraph (a), clause (8).
16.19(c) Nonresidents age 16 or over and under age 18 may take fish by spearing without
16.20a spearing license but must possess a fishing license under section 97A.475, subdivision 7,
16.21paragraph (a), clause (8).
16.22(d) Nonresidents under age 16 may take fish by spearing without a spearing or
16.23angling license.
16.24(e) Limits for fish taken by spearing must comply with one of the options listed
16.25under paragraph (a).
16.26 Sec. 34. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
16.27 Subd. 2.
Resident hunting. Fees for the following licenses, to be issued to residents
16.28only, are:
16.29 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
16.30 (2) for persons age 65 or over, $7 to take small game;
16.31 (3) for persons age 18 or over to take turkey, $26;
16.32 (4) for persons age 13 or over and under age 18 to take turkey, $5;
16.33 (5) for persons age 18 or over to take deer with firearms during the regular firearms
16.34season, $30;
17.1 (6) for persons age 18 or over to take deer by archery, $30;
17.2 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
17.3season, $30;
17.4 (8) to take moose, for a party of not more than six persons, $356;
17.5 (9) to take bear, $44;
17.6 (10) to take elk, for a party of not more than two persons, $287;
17.7 (11) to take Canada geese during a special season, $4;
17.8 (12) to take prairie chickens, $23;
17.9 (13) for persons age 13 or over and under age 18 to take deer with firearms during
17.10the regular firearms season, $5;
17.11 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
17.12 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
17.13during the muzzleloader season, $5;
17.14(16) for persons age 18 or over to take small game for a consecutive 72-hour period
17.15selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
17.16migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
17.17waterfowl habitat improvement account under section
97A.075, subdivision 2; one-half
17.18of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
17.19the pheasant habitat improvement account under section
97A.075, subdivision 4; and
17.20one-half of the small game surcharge under subdivision 4, shall be deposited in the
17.21wildlife acquisition account;
17.22(17) for persons age 16 or over and under age 18 to take small game, $5;
and
17.23(18) to take wolf, $30
.;
17.24(19) for persons age 12 and under to take turkey, no fee;
17.25(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
17.26(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
17.27(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
17.28muzzleloader season, no fee.
17.29 Sec. 35. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
17.30 Subd. 8.
Minnesota sporting; super sports. (a) The commissioner shall issue
17.31Minnesota sporting licenses to residents only. The licensee may take fish by angling
17.32and small game. The fee for the license is:
17.33(1) for an individual, $31.50; and
17.34(2) for a combined license for a married couple to take fish and for one spouse to
17.35take small game, $45.50.
18.1(b) The commissioner shall issue Minnesota super sports licenses to residents only.
18.2The licensee may take fish by angling, including trout; small game, including pheasant
18.3and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
18.4sports license, including all required stamp validations is:
18.5(1) for an individual age 18 or over,
$92.50 $86.50; and
18.6(2) for a combined license for a married couple to take fish, including the trout and
18.7salmon stamp validation, and for one spouse to take small game, including pheasant
18.8and waterfowl, and deer,
$118.50 $110.50.
18.9(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
18.10according to section
97A.075, subdivisions 2, 3, and 4.
18.11(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
18.12according to section
97A.075, subdivision 1.
18.13 Sec. 36. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
18.14 Subd. 6.
Licenses to be sold and issuing fees. (a) Persons authorized to sell
18.15licenses under this section must issue the following licenses for the license fee and the
18.16following issuing fees:
18.17 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
18.18 (2) Minnesota sporting, the issuing fee is $1;
18.19 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
18.20animals, the issuing fee is $1;
18.21(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
18.22requires a license purchase at the time of application and the license purchase requires
18.23an application fee;
18.24(5) for a prairie chicken license, the issuing fee is $1;
18.25(6) for a turkey license, the issuing fee is $1;
18.26(7) for an elk license, the issuing fee is $1;
18.27(8) for a moose license, the issuing fee is $1;
18.28(9) for a wolf license, the issuing fee is $1;
18.29 (4) (10) for a stamp validation that is not issued simultaneously with a license, an
18.30issuing fee of 50 cents may be charged at the discretion of the authorized seller;
18.31 (5) (11) for stamp validations issued simultaneously with a license, there is no fee;
18.32 (6) (12) for licenses, seals, tags, or coupons issued without a fee under section
18.3397A.441
or
97A.465,
an the issuing fee
of 50 cents may be charged at the discretion of
18.34the authorized seller is $1;
18.35 (7) (13) for lifetime licenses, there is no fee; and
19.1 (8) (14) for all other licenses, permits, renewals, or applications or any other
19.2transaction through the electronic licensing system under this chapter or any other chapter
19.3when an issuing fee is not specified, an issuing fee of
50 cents $1 may be charged at the
19.4discretion of the authorized seller.
19.5 (b) Only one issuing fee may be collected when selling more than one stamp in the
19.6same transaction after the end of the season for which the stamp was issued.
19.7 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
19.8 (d) The commissioner shall collect the issuing fee on licenses sold by the
19.9commissioner.
19.10 (e) A license, except stamps, must state the amount of the issuing fee and that the
19.11issuing fee is kept by the seller as a commission for selling the licenses.
19.12 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
19.13 (1) for licenses to take big game, 75 cents; and
19.14 (2) for other licenses, 50 cents.
19.15 (g) The commissioner may issue one-day angling licenses in books of ten licenses
19.16each to fishing guides operating charter boats upon receipt of payment of all license
19.17fees, excluding the issuing fee required under this section. Copies of sold and unsold
19.18licenses shall be returned to the commissioner. The commissioner shall refund the charter
19.19boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
19.20maintained by the commissioner for one year.
19.21 Sec. 37. Minnesota Statutes 2012, section 97B.0215, is amended to read:
19.2297B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
19.23A parent or
legal guardian of a minor may not knowingly direct, allow, or permit
19.24the minor to hunt without the required license, permit, training, or certification, or in
19.25violation of the game and fish laws.
19.26 Sec. 38. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
19.27 Subd. 2.
Apprentice hunter validation requirements. (a) A resident
or nonresident
19.28born after December 31, 1979, who is age 12 or over and who does not possess a hunter
19.29education firearms safety certificate may be issued an apprentice hunter validation. An
19.30apprentice hunter validation may be purchased two license years in a lifetime and used to
19.31obtain hunting licenses during the same license year that the validation is purchased.
19.32 (b) An individual in possession of an apprentice hunter validation may hunt small
19.33game, deer, and bear only when accompanied by an adult
licensed to hunt who has a
20.1valid license to hunt the same species of game in Minnesota
and whose license was not
20.2obtained using an apprentice hunter validation.
20.3(c) When an individual in possession of an apprentice hunter validation is hunting
20.4turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
20.5for another permit area or time period but must be licensed for the same season as the
20.6apprentice hunter. If the accompanying adult is not licensed for the same permit area or
20.7time period as the apprentice hunter, the accompanying adult may not shoot or possess a
20.8firearm or bow while accompanying the apprentice hunter under this paragraph.
20.9 (d) An apprentice hunter validation holder must obtain all required licenses and
20.10stamps.
20.11 Sec. 39. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
20.12 Subd. 2.
Restrictions related to motor vehicles. A person may not take a wild
20.13animal with a firearm or by archery from a motor vehicle except as permitted in this
20.14section. Notwithstanding section
97B.091, a person may transport a bow uncased while
20.15in
an electric motor-powered boat a motorized watercraft and may take rough fish while
20.16in the boat
as provided in section 97C.376, subdivision 3.
20.17 Sec. 40. Minnesota Statutes 2012, section 97B.071, is amended to read:
20.1897B.071 BLAZE ORANGE REQUIREMENTS.
20.19 Subdivision 1. Clothing requirements. (a) Except as provided in rules adopted
20.20under paragraph (c), a person may not hunt or trap during the open season where deer may
20.21be taken by firearms under applicable laws and ordinances, unless the visible portion of
20.22the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze
20.23orange. Blaze orange includes a camouflage pattern of at least 50 percent blaze orange
20.24within each foot square. This section does not apply to migratory waterfowl hunters on
20.25waters of this state or in a stationary shooting location or to trappers on waters of this state.
20.26 (b) Except as provided in rules adopted under paragraph (c), and in addition to
20.27the requirement in paragraph (a), a person may not take small game other than turkey,
20.28migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
20.29at least one article of the person's clothing above the waist is blaze orange. This paragraph
20.30does not apply to a person when in a stationary location while hunting deer by archery
20.31or when hunting small game by falconry.
20.32 (c) The commissioner may, by rule, prescribe an alternative color in cases where
20.33paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
20.34Law 103-141.
21.1 (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
21.2by a safety warning.
21.3 Subd. 2. Ground blinds. A person may not hunt deer from a ground blind during
21.4the open season where deer may be taken by firearms unless the outside of the blind
21.5displays a minimum of 144 square inches of blaze orange material that is visible from
21.6all directions around the blind.
21.7 Sec. 41. Minnesota Statutes 2012, section 97B.112, is amended to read:
21.897B.112 SPECIAL HUNTS FOR YOUTH.
21.9The commissioner may by rule establish criteria, special seasons, and limits for
21.10youth
and adult hunters to take big game and small game by firearms or archery in
21.11designated areas or times
as part of the agency's overall effort in hunter recruitment and
21.12retention. The criteria may also include provisions for an unlicensed adult to assist a
youth
21.13 hunter during a special season or special hunt established under this section.
21.14 Sec. 42. Minnesota Statutes 2012, section 97C.341, is amended to read:
21.1597C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
21.16(a) A person may not use live minnows imported from outside of the state, game
21.17fish, goldfish, or carp for bait.
Notwithstanding paragraphs (b) and (d), the commissioner
21.18may
, by written order published in the State Register, adopt rules to authorize
the use of
21.19game fish eggs as bait
in Lake Superior and its tributaries below the posted boundaries and
21.20prescribe restrictions on their use.
The order is exempt from the rulemaking provisions of
21.21chapter 14 and section
14.386 does not apply.
21.22(b) A person may not import or possess live, frozen, or processed bait from known
21.23waters where viral hemorrhagic septicemia has been identified as being present: (1)
21.24unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
21.25prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
21.26(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
21.27invertebrates, and insects used for taking wild animals in waters of the state.
21.28 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
21.29be used as:
21.30 (1) fresh or frozen bait only on Lake Superior; or
21.31 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
21.32manner prescribed by rules adopted by the commissioner.
21.33(d) To ensure that frozen or dead fish being brought into the state are not in violation
21.34of paragraph (b), the following paperwork must accompany the shipment. Documents
22.1must be open for inspection by the commissioner at any reasonable time. All documents
22.2must be available to purchasers of these bait items. Each container or package of frozen or
22.3dead fish must have the following information:
22.4(1) water body source;
22.5(2) lot number;
22.6(3) company contact including name, phone, and address;
22.7(4) date of packaging and labeling; and
22.8(5) valid negative fish health certification from the source water body.
22.9 Sec. 43. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
22.10 Subdivision 1.
Period when use prohibited. Except as specifically authorized, a
22.11person may not take fish
with a spear from the third Monday in February to
April 30 with
22.12a spear, the Friday before the last Saturday in April and may not take fish with a fish
22.13trap, net, dip net, seine, or other device capable of taking fish
from the third Monday
22.14in February to April 30.
22.15 Sec. 44. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
22.16 Subd. 2.
Possession. (a) Except as specifically authorized, a person may not possess
22.17a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
22.18waters. Possession includes personal possession and in a vehicle.
22.19(b) A person may possess
spears, dip nets
, and spear guns allowed under section
22.2097C.381
on or near waters between sunrise and sunset from May 1 to the last Sunday in
22.21February, or as otherwise prescribed by the commissioner.
A person may possess a spear
22.22on or near waters between sunrise and sunset from the last Saturday in April to the last
22.23Sunday in February, or as otherwise prescribed by the commissioner.
22.24 Sec. 45. Minnesota Statutes 2012, section 97C.375, is amended to read:
22.2597C.375 TAKING ROUGH FISH BY SPEARING.
22.26(a) A resident or nonresident may take rough fish by spearing
according to paragraph
22.27(b) and during the times, in waters, and in the manner prescribed by the commissioner.
22.28(b) Suckers may be taken by spearing from the last Saturday in April through the
22.29last Sunday in February.
22.30 Sec. 46. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
23.1 Subdivision 1.
Season. (a) The
regular bow fishing season for residents and
23.2nonresidents is from
May 1 the last Saturday in April to the last Sunday in February at
23.3any time of the day.
23.4(b) The early bow fishing season for residents and nonresidents is open only south
23.5of State Highway 210 from the Monday after the last Sunday in February to the Friday
23.6before the last Saturday in April at any time of the day. During the early season, a person
23.7may bow fish:
23.8(1) only from a boat; and
23.9(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
23.10 Sec. 47. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
23.11 Subd. 2.
Possession of bows and arrows. A person may possess bows and arrows
23.12for the purposes of bow fishing on or within 100 feet of waters at any time from
May 1 the
23.13last Saturday in April to the last Sunday in February
and at other times on lakes and rivers
23.14south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
23.15ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
23.16 Sec. 48. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
23.17 Subd. 3.
Nighttime restrictions on motors. (a) From sunset to sunrise,
a person
23.18bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
23.19engine powered generator. the noise limits for total noise while bow fishing
from sunset
23.20to sunrise shall must not exceed a noise level of 65 decibels on the A scale measured at
23.21a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
23.22specified by the commissioner in a pass-by test
or 67 decibels on the A scale measured
23.23at idle in a stationary test at least four feet above the water and at least four feet behind
23.24the transom of the motorboat being tested.
23.25(b) The noise limits under paragraph (a) shall be determined under a test procedure
23.26approved by the commissioner under section 86B.321, subdivision 2.
23.27(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
23.28relating to motorboat noise.
23.29(d) The noise levels under section
86B.321 apply to persons traveling to and from
23.30bow fishing sites from sunset to sunrise.
23.31 Sec. 49.
RULEMAKING; GAME FISH EGGS AS BAIT.
23.32(a) The commissioner of natural resources shall amend Minnesota Rules, part
23.336262.0100, by adding a subpart to read:
24.1"Spawn bags may be bought or sold only if the bags are made with:
24.2A. fish eggs from a licensed aquaculture facility; or
24.3B. fish eggs that are:
24.4(1) legally taken from a source outside Minnesota that has been certified disease-free;
24.5and
24.6(2) preserved and labeled as required under a bait preservation permit. Records must
24.7be maintained as required for bait preservation permits."
24.8(b) The commissioner of natural resources shall amend Minnesota Rules, part
24.96262.0300, subpart 5, to read:
24.10"A. Except as provided in this subpart, the taking of fish for bait purposes from all
24.11Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
24.12the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
24.13estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
24.14B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
24.1597C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
24.16Superior or its tributaries below the posted boundaries may be used to make spawn bags
24.17for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
24.18paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
24.19the posted boundaries and may be transported to and from Lake Superior or its tributaries
24.20below the posted boundaries."
24.21(c) The commissioner may use the good cause exemption under Minnesota Statutes,
24.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
24.23Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
24.24section 14.388.
24.25 Sec. 50.
RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
24.26CRANES.
24.27(a) The commissioner of natural resources shall amend Minnesota Rules, part
24.286133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
24.29sandhill crane.
24.30(b) The commissioner may use the good cause exemption under Minnesota Statutes,
24.31section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
24.32Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
24.33section 14.388.
24.34 Sec. 51.
RULEMAKING; SPEARING ROUGH FISH.
25.1The commissioner of natural resources shall amend Minnesota Rules, part
25.26262.0600, to make seasons for spearing rough fish consistent with the date changes in
25.3sections 43 to 45. The commissioner may use the good cause exemption under Minnesota
25.4Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
25.5Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
25.6Statutes, section 14.388.
25.7 Sec. 52.
RULEMAKING; REMOVING SPEARING RESTRICTIONS.
25.8The commissioner of natural resources shall amend Minnesota Rules, part
25.96264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing
25.10for the following lakes: Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar,
25.11Eagle, Owasso, North Star, Moose, and Spider. The commissioner may use the good
25.12cause exemption under Minnesota Statutes, section 14.388, to adopt rules under this
25.13section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
25.14Minnesota Statutes, section 14.388.
25.15 Sec. 53.
REVISOR'S INSTRUCTION.
25.16The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
25.17boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
25.18 Sec. 54.
REPEALER.
25.19(a) Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
25.204a; and 97C.346, are repealed.
25.21(b) Laws 2011, First Special Session chapter 2, article 5, section 69, is repealed.
25.22EFFECTIVE DATE.Paragraph (b) is effective retroactively from July 1, 2012.