1.2relating to natural resources; modifying commissioner's authorities and duties;
1.3modifying definitions; providing for donations to grant-in-aid trail programs;
1.4modifying operating restrictions for all-terrain vehicles; modifying invasive
1.5species provisions; modifying watercraft provisions; providing for certain license
1.6seizures; modifying game and fish license provisions; modifying requirements
1.7for taking game and fish; providing for certain all-terrain vehicle registration and
1.8watercraft license exemptions; modifying nonresident all-terrain vehicle state
1.9trail pass requirements; requiring rulemaking;amending Minnesota Statutes
1.102012, sections 84.027, subdivision 13, by adding subdivisions; 84.788, by
1.11adding a subdivision; 84.794, subdivision 1; 84.798, by adding a subdivision;
1.1284.803, subdivision 1; 84.82, by adding a subdivision; 84.83, subdivision
1.132; 84.922, subdivision 1a, by adding subdivisions; 84.9256, subdivision 1;
1.1484.9275, subdivision 1; 84.928, subdivision 1; 84D.01, subdivision 15a; 84D.03,
1.15subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2;
1.1684D.11, by adding subdivisions; 84D.13, subdivision 2, by adding a subdivision;
1.1785.41, by adding a subdivision; 85.43; 85.46, subdivision 6, by adding a
1.18subdivision; 86B.005, subdivision 18, by adding subdivisions; 86B.13, by
1.19adding a subdivision; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825,
1.20subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.441,
1.21subdivisions 6, 6a; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5,
1.22by adding a subdivision; 97A.475, subdivisions 2, 8; 97A.485, subdivision 6;
1.2397B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.112; 97C.341;
1.2497C.345, subdivisions 1, 2; 97C.375; 97C.376, subdivisions 1, 2, 3; repealing
1.25Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
1.264a; 97C.346; Laws 2011, First Special Session chapter 2, article 5, section 69.
1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
1.29 Subd. 13.
Game and fish rules. (a) The commissioner of natural resources may
1.30adopt rules under sections
97A.0451 to
97A.0459 and this subdivision that are authorized
1.31under:
1.32(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.33areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
2.1prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
2.2disease, to open or close bodies of water or portions of bodies of water for night bow
2.3fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.4(2) sections
84.093,
84.15, and
84.152 to set seasons for harvesting wild ginseng
2.5roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.6(3) section
84D.12 to designate prohibited invasive species, regulated invasive
2.7species, unregulated nonnative species, and infested waters.
2.8(b) If conditions exist that do not allow the commissioner to comply with sections
2.997A.0451
to
97A.0459,
including the need to adjust season variables on an annual basis
2.10based upon current biological and harvest data, the commissioner may adopt a rule under
2.11this subdivision by submitting the rule to the attorney general for review under section
2.1297A.0455
, publishing a notice in the State Register and filing the rule with the secretary
2.13of state and the Legislative Coordinating Commission, and complying with section
2.1497A.0459
, and including a statement of the
emergency conditions and a copy of the rule
2.15in the notice. The
emergency conditions for opening a water body or portion of a water
2.16body for night bow fishing under this section may include the need to temporarily open
2.17the area to evaluate compatibility of the activity on that body of water prior to permanent
2.18rulemaking. The notice may be published after it is received from the attorney general or
2.19five business days after it is submitted to the attorney general, whichever is earlier.
2.20(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.21Register and may be effective up to seven days before publishing and filing under
2.22paragraph (b), if:
2.23(1) the commissioner of natural resources determines that an emergency exists;
2.24(2) the attorney general approves the rule; and
2.25(3) for a rule that affects more than three counties the commissioner publishes the
2.26rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.27rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.28newspaper in each of the affected counties.
2.29(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.30(3), may not be effective earlier than seven days after publication.
2.31(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.32rule is published if the commissioner gives notice and holds a public hearing on the rule
2.33within 15 days before publication.
2.34(f) The commissioner shall attempt to notify persons or groups of persons affected
2.35by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.36other appropriate means as determined by the commissioner.
3.1(g) Notwithstanding section
97A.0458, a rule adopted under this subdivision is
3.2effective for the period stated in the notice but not longer than 18 months after the rule is
3.3adopted effective.
3.4 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.5to read:
3.6 Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
3.7the commissioner may establish, by written order, policies for the use and operation of
3.8other power-driven mobility devices, as defined under Code of Federal Regulations, title
3.928, section 35.104, on lands and in facilities administered by the commissioner for the
3.10purposes of implementing the Americans with Disabilities Act, United States Code, title
3.1142, section 12101 et seq. These policies are exempt from the rulemaking provisions of
3.12chapter 14 and section 14.386 does not apply.
3.13 Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
3.14to read:
3.15 Subd. 20. Hunting licenses to critically ill persons. The commissioner may allow
3.16critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by a
3.17lottery drawing, which licenses allow for taking game within established hunting seasons
3.18or season frameworks. The commissioner may provide the licenses to persons who are
3.19participating in a program for critically ill hunters sponsored by a nonprofit organization
3.20with expertise in providing hunting opportunities to hunters who are gravely ill or have
3.21physical disabilities. The commissioner may provide licenses or permits otherwise limited
3.22by drawings, including wild turkey, deer, bear, prairie chicken, and wolf. The commissioner
3.23may not allow the purchase of moose and elk licenses under this subdivision. Deer licenses
3.24authorized by the commissioner under this subdivision may be for deer of either sex.
3.25 Sec. 4. Minnesota Statutes 2012, section 84.788, is amended by adding a subdivision
3.26to read:
3.27 Subd. 13. Grant-in-aid donations. (a) At the time of registration, a person
3.28may agree to add a donation of any amount to the off-highway motorcycle registration
3.29fee for grant-in-aid off-highway motorcycle trails. An additional commission may not
3.30be assessed on the donation. The commissioner shall offer the opportunity to make a
3.31donation under this subdivision to all registrants and shall issue a recognition grant-in-aid
3.32trail sticker to registrants contributing $20 or more.
4.1(b) Money donated under this subdivision shall be deposited in the off-highway
4.2motorcycle account in the natural resources fund and shall be used for the grant-in-aid
4.3program as provided under section 84.794, subdivision 2, paragraph (a), clause (3).
4.4 Sec. 5. Minnesota Statutes 2012, section 84.794, subdivision 1, is amended to read:
4.5 Subdivision 1.
Registration revenue. Fees from the registration of off-highway
4.6motorcycles
, donations received under section 84.788, subdivision 13, and the unrefunded
4.7gasoline tax attributable to off-highway motorcycle use under section
296A.18 must be
4.8deposited in the state treasury and credited to the off-highway motorcycle account in
4.9the natural resources fund.
4.10 Sec. 6. Minnesota Statutes 2012, section 84.798, is amended by adding a subdivision
4.11to read:
4.12 Subd. 11. Grant-in-aid trail donations. (a) At the time of registration, a person
4.13may agree to add a donation of any amount to the off-road vehicle registration fee for
4.14grant-in-aid off-road vehicle trails. An additional commission may not be assessed on the
4.15donation. The commissioner shall offer the opportunity to make a donation under this
4.16subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
4.17registrants contributing $20 or more.
4.18(b) Money donated under this subdivision shall be deposited in the off-road vehicle
4.19account in the natural resources fund and shall be used for the grant-in-aid program as
4.20provided under section 84.803, subdivision 2, clause (3).
4.21 Sec. 7. Minnesota Statutes 2012, section 84.803, subdivision 1, is amended to read:
4.22 Subdivision 1.
Registration revenue. Fees from the registration of off-road
4.23vehicles
, donations received under section 84.798, subdivision 11, and unrefunded
4.24gasoline tax attributable to off-road vehicle use under section
296A.18 must be deposited in
4.25the state treasury and credited to the off-road vehicle account in the natural resources fund.
4.26 Sec. 8. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to
4.27read:
4.28 Subd. 12. Grant-in-aid trail donations. (a) At the time of registration, a person
4.29may agree to add a donation of any amount to the snowmobile registration fee for
4.30grant-in-aid snowmobile trails. An additional commission may not be assessed on the
4.31donation. The commissioner shall offer the opportunity to make a donation under this
5.1subdivision to all registrants and shall issue a recognition grant-in-aid trail sticker to
5.2registrants contributing $20 or more.
5.3(b) Money donated under this subdivision shall be deposited in the snowmobile trails
5.4and enforcement account in the natural resources fund and shall be used for the grant-in-aid
5.5program as provided under section 84.83, subdivision 3, paragraph (a), clause (1).
5.6 Sec. 9. Minnesota Statutes 2012, section 84.83, subdivision 2, is amended to read:
5.7 Subd. 2.
Money deposited in the account. Fees from the registration of
5.8snowmobiles and from the issuance of snowmobile state trail stickers
, donations received
5.9under section 84.82, subdivision 12, and the unrefunded gasoline tax attributable to
5.10snowmobile use pursuant to section
296A.18 shall be deposited in the state treasury and
5.11credited to the snowmobile trails and enforcement account.
5.12 Sec. 10. Minnesota Statutes 2012, section 84.922, subdivision 1a, is amended to read:
5.13 Subd. 1a.
Exemptions. All-terrain vehicles exempt from registration are:
5.14 (1) vehicles owned and used by the United States, an Indian tribal government, the
5.15state, another state, or a political subdivision;
5.16 (2) vehicles
that are registered in another state or country
that and have not been
5.17in this state for more than 30 consecutive days
or that are registered by an Indian tribal
5.18government to a tribal member and have not been outside the tribal reservation boundary
5.19for more than 30 consecutive days;
5.20(3) vehicles that:
5.21(i) are owned by a resident of another state or country that does not require
5.22registration of all-terrain vehicles;
5.23(ii) have not been in this state for more than 30 consecutive days; and
5.24(iii) are operated on state and grant-in-aid trails by a nonresident possessing a
5.25nonresident all-terrain vehicle state trail pass;
5.26 (4) vehicles used exclusively in organized track racing events; and
5.27 (5) vehicles that are 25 years old or older and were originally produced as a separate
5.28identifiable make by a manufacturer.
5.29EFFECTIVE DATE.This section is effective January 1, 2014.
5.30 Sec. 11. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
5.31to read:
5.32 Subd. 13. Grant-in-aid trail contributions. (a) At the time of registration,
5.33the commissioner shall offer a registrant the opportunity to make a contribution for
6.1grant-in-aid trails. The commissioner shall issue a recognition grant-in-aid trail sticker to
6.2registrants contributing $20 or more.
6.3(b) Money contributed under this subdivision shall be deposited in the state treasury
6.4and credited to the all-terrain vehicle account and is dedicated for the grant-in-aid trail
6.5program.
6.6 Sec. 12. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision
6.7to read:
6.8 Subd. 14. No registration weekend. The commissioner shall designate by rule one
6.9weekend each year when, notwithstanding subdivision 1, an all-terrain vehicle may be
6.10operated on state and grant-in-aid all-terrain vehicle trails without a registration issued
6.11under this section. Nonresidents may participate during the designated weekend without a
6.12state trail pass required under section 84.9275.
6.13EFFECTIVE DATE.This section is effective the day following final enactment.
6.14 Sec. 13. Minnesota Statutes 2012, section 84.9256, subdivision 1, is amended to read:
6.15 Subdivision 1.
Prohibitions on youthful operators. (a) Except for operation on
6.16public road rights-of-way that is permitted under section
84.928 and as provided under
6.17paragraph (j), a driver's license issued by the state or another state is required to operate an
6.18all-terrain vehicle along or on a public road right-of-way.
6.19 (b) A person under 12 years of age shall not:
6.20 (1) make a direct crossing of a public road right-of-way;
6.21 (2) operate an all-terrain vehicle on a public road right-of-way in the state; or
6.22 (3) operate an all-terrain vehicle on public lands or waters, except as provided in
6.23paragraph (f).
6.24 (c) Except for public road rights-of-way of interstate highways, a person 12 years
6.25of age but less than 16 years may make a direct crossing of a public road right-of-way
6.26of a trunk, county state-aid, or county highway or operate on public lands and waters or
6.27state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
6.28certificate issued by the commissioner and is accompanied by a person 18 years of age or
6.29older who holds a valid driver's license.
6.30 (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
6.31old, but less than
16 18 years old, must:
6.32 (1) successfully complete the safety education and training program under section
6.3384.925
, subdivision 1, including a riding component; and
7.1 (2) be able to properly reach and control the handle bars and reach the foot pegs
7.2while sitting upright on the seat of the all-terrain vehicle.
7.3 (e) A person at least 11 years of age may take the safety education and training
7.4program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
7.5the certificate is not valid until the person reaches age 12.
7.6 (f) A person at least ten years of age but under 12 years of age may operate an
7.7all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
7.8accompanied by a parent or legal guardian.
7.9 (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
7.10 (h) A person under the age of 16 may not operate an all-terrain vehicle on public
7.11lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
7.12control the handle bars and reach the foot pegs while sitting upright on the seat of the
7.13all-terrain vehicle.
7.14(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
7.1516 years old, may make a direct crossing of a public road right-of-way of a trunk, county
7.16state-aid, or county highway or operate an all-terrain vehicle on public lands and waters
7.17or state or grant-in-aid trails if:
7.18(1) the nonresident youth has in possession evidence of completing an all-terrain
7.19safety course offered by the ATV Safety Institute or another state as provided in section
7.2084.925
, subdivision 3; and
7.21(2) the nonresident youth is accompanied by a person 18 years of age or older who
7.22holds a valid driver's license.
7.23(j) A person 12 years of age but less than 16 years of age may operate an all-terrain
7.24vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under
7.25section 84.928 if the person:
7.26(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner;
7.27and
7.28(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
7.29 Sec. 14. Minnesota Statutes 2012, section 84.9275, subdivision 1, is amended to read:
7.30 Subdivision 1.
Pass required; fee. (a)
A tribal member exempt from registration
7.31under section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an
7.32all-terrain vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator
7.33carries a valid nonresident all-terrain vehicle state trail pass in immediate possession. The
7.34pass must be available for inspection by a peace officer, a conservation officer, or an
7.35employee designated under section
84.0835.
8.1(b) The commissioner of natural resources shall issue a pass upon application and
8.2payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
8.3collected under this section, except for the issuing fee for licensing agents, shall be
8.4deposited in the state treasury and credited to the all-terrain vehicle account in the natural
8.5resources fund and, except for the electronic licensing system commission established by
8.6the commissioner under section
84.027, subdivision 15, must be used for grants-in-aid to
8.7counties and municipalities for all-terrain vehicle organizations to construct and maintain
8.8all-terrain vehicle trails and use areas.
8.9 (c) A nonresident all-terrain vehicle state trail pass is not required for:
8.10 (1) an all-terrain vehicle that is owned and used by the United States, another state,
8.11or a political subdivision thereof that is exempt from registration under section
84.922,
8.12subdivision 1a;
8.13 (2) a person operating an all-terrain vehicle only on the portion of a trail that is
8.14owned by the person or the person's spouse, child, or parent; or
8.15(3) a nonresident operating an all-terrain vehicle that is registered according to
8.16section
84.922.
8.17EFFECTIVE DATE.This section is effective January 1, 2014.
8.18 Sec. 15. Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read:
8.19 Subdivision 1.
Operation on roads and rights-of-way. (a) Unless otherwise
8.20allowed in sections
84.92 to
84.928, a person shall not operate an all-terrain vehicle in
8.21this state along or on the roadway, shoulder, or inside bank or slope of a public road
8.22right-of-way of a trunk, county state-aid, or county highway.
8.23 (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
8.24bank or slope of a trunk, county state-aid, or county highway unless prohibited under
8.25paragraph (d) or (f).
8.26 (c) A person may operate a class 2 all-terrain vehicle
:
8.27 (1) within the public road right-of-way of a county state-aid or county highway on
8.28the extreme right-hand side of the road and left turns may be made from any part of
8.29the road if it is safe to do so under the prevailing conditions, unless prohibited under
8.30paragraph (d) or (f)
.;
8.31 (2) on the bank, slope, or ditch of a public road right-of-way of a trunk highway,
8.32but only to access businesses or make trail connections, and left turns may be made from
8.33any part of the road if it is safe to do so under the prevailing conditions, unless prohibited
8.34under paragraph (d) or (f); and
9.1 (3) A person may operate a class 2 all-terrain vehicle on the bank or ditch of a
9.2public road right-of-way
:
9.3 (i) on a designated class 2 all-terrain vehicle trail
.; or
9.4 (ii) to access businesses or make trail connections when operation within the public
9.5road right-of-way is unsafe.
9.6 (d) A road authority as defined under section
160.02, subdivision 25, may after a
9.7public hearing restrict the use of all-terrain vehicles in the public road right-of-way under
9.8its jurisdiction.
9.9 (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
9.10operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside
9.11bank or slope of a trunk, interstate, county state-aid, or county highway:
9.12(1) that is part of a funded grant-in-aid trail; or
9.13(2) when the all-terrain vehicle is owned by or operated under contract with a publicly
9.14or privately owned utility or pipeline company and used for work on utilities or pipelines.
9.15 (f) The commissioner may limit the use of a right-of-way for a period of time if the
9.16commissioner determines that use of the right-of-way causes:
9.17 (1) degradation of vegetation on adjacent public property;
9.18 (2) siltation of waters of the state;
9.19 (3) impairment or enhancement to the act of taking game; or
9.20 (4) a threat to safety of the right-of-way users or to individuals on adjacent public
9.21property.
9.22 The commissioner must notify the road authority as soon as it is known that a closure
9.23will be ordered. The notice must state the reasons and duration of the closure.
9.24 (g) A person may operate an all-terrain vehicle registered for private use and used
9.25for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
9.26county highway in this state if the all-terrain vehicle is operated on the extreme right-hand
9.27side of the road, and left turns may be made from any part of the road if it is safe to do so
9.28under the prevailing conditions.
9.29 (h) A person shall not operate an all-terrain vehicle within the public road
9.30right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
9.31the agricultural zone unless the vehicle is being used exclusively as transportation to and
9.32from work on agricultural lands. This paragraph does not apply to an agent or employee
9.33of a road authority, as defined in section
160.02, subdivision 25, or the Department of
9.34Natural Resources when performing or exercising official duties or powers.
9.35 (i) A person shall not operate an all-terrain vehicle within the public road right-of-way
9.36of a trunk, county state-aid, or county highway between the hours of one-half hour after
10.1sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way
10.2and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
10.3 (j) A person shall not operate an all-terrain vehicle at any time within the
10.4right-of-way of an interstate highway or freeway within this state.
10.5 Sec. 16. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
10.6 Subd. 15a.
Service provider. "Service provider" means an individual who or entity
10.7that
:
10.8(1) decontaminates, installs
, or removes water-related equipment or structures
into
10.9or from waters of the state for hire or as a service provided as a benefit of membership in a
10.10yacht club, boat club, marina, or similar organization
; or
10.11(2) rents or leases water-related equipment that will be used in, placed into, or
10.12removed from waters of the state.
10.13Service provider does not include a person working under the supervision of an individual
10.14with a valid service provider permit issued under section
84D.108.
10.15 Sec. 17. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
10.16 Subd. 4.
Commercial fishing and turtle, frog, and crayfish harvesting
10.17restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
10.18stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
10.19an infested water that is designated because it contains invasive fish, invertebrates, or
10.20certifiable diseases, as defined in section
17.4982, may not be used in any other waters.
10.21If a commercial licensee operates in an infested water designated because it contains
10.22invasive fish, invertebrates, or certifiable diseases, as defined in section
17.4982, all nets,
10.23traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
10.24crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
10.25certifiable diseases, as defined in section
17.4982, must be tagged with tags provided by
10.26the commissioner, as specified in the commercial licensee's license or permit. This tagging
10.27requirement does not apply to commercial fishing equipment used in Lake Superior.
10.28(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
10.29turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
10.30contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
10.31minimum of two days before they are used in any other waters, except as provided in this
10.32paragraph. Commercial licensees must notify the department's regional or area fisheries
10.33office or a conservation officer before removing nets or equipment from an infested water
10.34designated solely because it contains Eurasian water milfoil and before resetting those nets
11.1or equipment in any other waters. Upon notification, the commissioner may authorize a
11.2commercial licensee to move nets or equipment to another water without freezing or drying,
11.3if that water is designated as infested solely because it contains Eurasian water milfoil.
11.4(c) A commercial licensee must remove all aquatic macrophytes from nets and other
11.5equipment
when the nets and equipment are removed from before placing the equipment
11.6into waters of the state.
11.7(d) The commissioner shall provide a commercial licensee with a current listing of
11.8designated infested waters at the time that a license or permit is issued.
11.9 Sec. 18. Minnesota Statutes 2012, section 84D.09, is amended to read:
11.1084D.09 AQUATIC MACROPHYTES.
11.11 Subdivision 1.
Transportation prohibited. Unless specifically authorized under
11.12a license or permit issued by the commissioner, a person may not transport aquatic
11.13macrophytes, except as provided in this section.
11.14 Subd. 2.
Exceptions. Unless otherwise prohibited by law, a person may transport
11.15aquatic macrophytes:
11.16 (1) that are duckweeds in the family Lemnaceae;
11.17 (2) for disposal as part of a harvest or control activity when specifically authorized
11.18under an aquatic plant management permit pursuant to section
103G.615, under permit
11.19pursuant to section
84D.11, or as specified by the commissioner;
11.20 (3) (2) for purposes of constructing shooting or observation blinds in amounts
11.21sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
11.22above the waterline;
11.23 (4) (3) when legally purchased or traded by or from commercial or hobbyist sources
11.24for aquarium, wetland or lakeshore restoration, or ornamental purposes;
11.25 (5) (4) when harvested for personal or commercial use if in a motor vehicle;
11.26 (6) (5) to the department, or another destination as the commissioner may direct, in a
11.27sealed container for purposes of identifying a species or reporting the presence of a species;
11.28 (7) when transporting commercial aquatic plant harvesting or control equipment to a
11.29suitable location for purposes of cleaning any remaining aquatic macrophytes;
11.30 (8) (6) that are wild rice harvested under section
84.091;
11.31 (9) (7) in the form of fragments of emergent aquatic macrophytes incidentally
11.32transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
11.33season; or
11.34 (10) (8) when removing water-related equipment from waters of the state for
11.35purposes of cleaning off aquatic macrophytes before leaving a water access site.
12.1 Sec. 19. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
12.2 Subdivision 1.
Launching prohibited. A person may not place or attempt to place
12.3into waters of the state water-related equipment, including aquatic plant harvesting or
12.4control equipment that has aquatic macrophytes
, zebra mussels, or prohibited invasive
12.5species attached except as provided in this section.
12.6 Sec. 20. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
12.7 Subd. 4.
Persons transporting water-related equipment. (a) When leaving waters
12.8of the state a person must drain water-related equipment holding water and live wells and
12.9bilges by removing the drain plug before transporting the water-related equipment off
12.10the water access site or riparian property.
12.11 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
12.12from ballast tanks, bilges, and live wells must be removed or opened while transporting
12.13water-related equipment.
12.14 (c) Emergency response vehicles and equipment may be transported on a public road
12.15with the drain plug or other similar device replaced only after all water has been drained
12.16from the equipment upon leaving the water body.
12.17 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
12.18when fishing through the ice except on waters designated infested for viral hemorrhagic
12.19septicemia, and marine sanitary systems are exempt from this subdivision.
12.20 (e) A person must not dispose of bait in waters of the state.
12.21(f) A boat lift, dock, swim raft, or associated equipment that has been removed
12.22from any water body may not be placed in another water body until a minimum of 21
12.23days have passed.
12.24(g) A person who transports water that is appropriated from noninfested surface
12.25water bodies and that is transported by a commercial vehicle, excluding watercraft, or
12.26commercial trailer, which vehicle or trailer is specifically designed and used for water
12.27hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
12.28the transported water to other surface waters or within 100 feet of a surface water body.
12.29(h) A person transporting water from noninfested surface water bodies for
12.30firefighting or emergencies that threaten human safety or property is exempt from
12.31paragraphs (a) and (b).
12.32 Sec. 21. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
12.33 Subd. 2.
Inspector authority. (a) The commissioner shall train and authorize
12.34individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
13.1species, and water. The commissioner may enter into a delegation agreement with a
13.2tribal or local government where inspection authority as provided under paragraphs (b),
13.3(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
13.4and administrative responsibilities for inspection programs on some or all public waters
13.5within their jurisdiction.
13.6(b) Inspectors may visually and tactilely inspect watercraft and water-related
13.7equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
13.8is present. If a person transporting watercraft or water-related equipment refuses to
13.9take required corrective actions or fails to comply with an order under section
84D.10,
13.10subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
13.11to a conservation officer or other licensed peace officer.
13.12(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
13.13may inspect any watercraft or water-related equipment that is stopped at a water access
13.14site, any other public location in the state, or a private location where the watercraft or
13.15water-related equipment is in plain view, if the officer determines there is reason to believe
13.16that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
13.17water-related equipment.
13.18(d) Conservation officers or other licensed peace officers may utilize check stations
13.19in locations, or in proximity to locations, where watercraft or other water-related
13.20equipment is placed into or removed from waters of the state. Any check stations shall be
13.21operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
13.22(e) Conservation officers or other licensed peace officers may order water-related
13.23equipment to be removed from a water body if the commissioner determines such action is
13.24needed to implement aquatic invasive species control measures.
13.25(f) The commissioner may require mandatory inspections of water-related equipment
13.26before a person places or removes water-related equipment into or out of a water body.
13.27Inspection stations may be located at or near public water accesses or in locations that
13.28allow for servicing
individual or multiple water bodies. The commissioner shall ensure
13.29that inspection stations:
13.30(1) have adequate staffing to minimize delays to vehicles and their occupants;
13.31(2) allow for reasonable travel times between public accesses and inspection stations
13.32if inspection is required before placing water-related equipment into a water body;
13.33(3) are located so as not to create traffic delays or public safety issues;
13.34(4) have decontamination equipment available to bring water-related equipment
13.35into compliance; and
13.36(5) do not reduce the capacity or hours of operation of public water accesses.
14.1(g) The commissioner may authorize tribal and local governments that enter into
14.2a delegation agreement with the commissioner to conduct mandatory inspections of
14.3water-related equipment at specified locations within a defined area before a person
14.4places or removes water-related equipment into or out of a water body. Tribal and local
14.5governments that are authorized to conduct inspections under this paragraph must:
14.6(1) assume all legal, financial, and administrative responsibilities for implementing
14.7the mandatory inspections, alone or in agreement with other tribal or local governments;
14.8(2) employ inspectors that have been trained and authorized by the commissioner;
14.9(3) conduct inspections and decontamination measures in accordance with guidelines
14.10approved by the commissioner;
14.11(4) have decontamination equipment available at inspection stations or identify
14.12alternative decontamination equipment locations within a reasonable distance of the
14.13inspection station that can bring water-related equipment into compliance;
14.14(5) provide for inspection station locations that do not create traffic delays or public
14.15safety issues; and
14.16(6) submit a plan approved by the commissioner according to paragraph (h).
14.17(h) Plans required under paragraph (g) must address:
14.18(1) no reduction in capacity or hours of operation of public accesses and fees that
14.19do not discourage or limit use;
14.20(2) reasonable travel times between public accesses and inspection stations;
14.21(3) adequate staffing to minimize wait times and provide adequate hours of operation
14.22at inspection stations and public accesses;
14.23(4) adequate enforcement capacity;
14.24(5) measures to address inspections of water-related equipment at public water
14.25accesses for commercial entities and private riparian land owners; and
14.26(6) other elements as required by the commissioner to ensure statewide consistency,
14.27appropriate inspection and decontamination protocols, and protection of the state's
14.28resources, public safety, and access to public waters.
14.29(i) A government unit authorized to conduct inspections under this subdivision must
14.30submit an annual report to the commissioner summarizing the results and issues related
14.31to implementing the inspection program.
14.32(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
14.33programs where authorized inspectors are placed directly at one or more water access
14.34sites, with no requirement for a person to travel from the water access for inspection
14.35or decontamination, and no local ordinance or other regulation requiring a mandatory
15.1inspection before placing watercraft or water-related equipment into a water body or after
15.2watercraft or water-related equipment are removed from a water body.
15.3 Sec. 22. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
15.4to read:
15.5 Subd. 2b. Transport of water. The commissioner may issue a permit under this
15.6section or an authorization under other licenses or permits pursuant to sections 97C.801,
15.797C.811, and 103G.271 to allow the transport of water in containers or water-related
15.8equipment specifically designed and used for hauling water.
15.9 Sec. 23. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
15.10to read:
15.11 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
15.12permit to allow the transport of aquatic macrophytes to locations specified in the permit
15.13for purposes of research, education, and decontaminating equipment.
15.14 Sec. 24. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
15.15to read:
15.16 Subd. 2d. Special permits. The commissioner may issue special permits for the
15.17activities in this section. A special permit may be issued in the form of a general permit
15.18to a governmental subdivision or to the general public to conduct one or more activities
15.19under a single permit.
15.20 Sec. 25. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
15.21 Subd. 2.
Cumulative remedy. The authority of conservation officers
and other
15.22licensed peace officers to issue civil citations is in addition to other remedies available
15.23under law, except that the state may not seek penalties under any other provision of law
15.24for the incident subject to the citation.
15.25 Sec. 26. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
15.26to read:
15.27 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
15.28order for a violation of this chapter involving water-related equipment must successfully
15.29complete a training course as provided in section 86B.13.
15.30EFFECTIVE DATE.This section is effective July 1, 2015.
16.1 Sec. 27. Minnesota Statutes 2012, section 85.41, is amended by adding a subdivision
16.2to read:
16.3 Subd. 6. Grant-in-aid trail donations. (a) At the time of purchasing the pass
16.4required under subdivision 1, a person may agree to add a donation of any amount to
16.5the cross-country ski pass fee for grant-in-aid cross-country ski trails. An additional
16.6commission may not be assessed on the donation. The commissioner shall offer the
16.7opportunity to make a donation under this subdivision to all pass purchasers and shall
16.8issue a recognition grant-in-aid trail sticker to a person contributing $20 or more.
16.9(b) Money donated under this subdivision shall be deposited in the cross-country ski
16.10account in the natural resources fund and shall be used for the grant-in-aid program as
16.11provided under section 85.43, paragraph (a), clause (1).
16.12 Sec. 28. Minnesota Statutes 2012, section 85.43, is amended to read:
16.1385.43 DISPOSITION OF RECEIPTS; PURPOSE.
16.14(a) Fees from cross-country ski passes
and donations received under section 85.41,
16.15subdivision 6, shall be deposited in the state treasury and credited to a cross-country ski
16.16account in the natural resources fund and, except for the electronic licensing system
16.17commission established by the commissioner under section
84.027, subdivision 15, are
16.18appropriated to the commissioner of natural resources for the following purposes:
16.19(1) grants-in-aid for cross-country ski trails to:
16.20(i) counties and municipalities for construction and maintenance of cross-country
16.21ski trails; and
16.22(ii) special park districts as provided in section
85.44 for construction and
16.23maintenance of cross-country ski trails; and
16.24(2) administration of the cross-country ski trail grant-in-aid program.
16.25(b) Development and maintenance of state cross-country ski trails are eligible for
16.26funding from the cross-country ski account if the money is appropriated by law.
16.27 Sec. 29. Minnesota Statutes 2012, section 85.46, subdivision 6, is amended to read:
16.28 Subd. 6.
Disposition of receipts. Fees
and donations collected under this section,
16.29except for the issuing fee, shall be deposited in the state treasury and credited to the horse
16.30pass account in the natural resources fund. Except for the electronic licensing system
16.31commission established by the commissioner under section
84.027, subdivision 15, the
16.32fees are appropriated to the commissioner of natural resources for trail acquisition, trail
16.33and facility development, and maintenance, enforcement, and rehabilitation of horse
17.1trails or trails authorized for horse use, whether for riding, leading, or driving, on land
17.2administered by the commissioner.
17.3 Sec. 30. Minnesota Statutes 2012, section 85.46, is amended by adding a subdivision
17.4to read:
17.5 Subd. 8. Trail donations. At the time of purchasing the pass required under
17.6subdivision 1, a person may agree to add a donation of any amount to the horse pass
17.7fee for horse trails. An additional commission may not be assessed on the donation.
17.8The commissioner shall offer the opportunity to make a donation under this subdivision
17.9to all pass purchasers and shall issue a recognition trail sticker to a person contributing
17.10$20 or more.
17.11 Sec. 31. Minnesota Statutes 2012, section 86B.005, is amended by adding a
17.12subdivision to read:
17.13 Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
17.14for harvesting wild rice.
17.15 Sec. 32. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
17.16 Subd. 18.
Watercraft. "Watercraft" means any contrivance used or designed for
17.17navigation on water, except:
17.18(1) a
duck waterfowl boat during the
duck waterfowl hunting
season seasons;
17.19(2) a rice boat during the harvest season; or
17.20(3) a seaplane.
17.21 Sec. 33. Minnesota Statutes 2012, section 86B.005, is amended by adding a
17.22subdivision to read:
17.23 Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
17.24while hunting waterfowl.
17.25 Sec. 34. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
17.26to read:
17.27 Subd. 1a. Training for offenders. A person who is convicted of or subject to
17.28a final order for a violation of chapter 84D involving water-related equipment must
17.29successfully complete the training course in subdivision 1 before continuing operation or
17.30use of water-related equipment.
17.31EFFECTIVE DATE.This section is effective July 1, 2015.
18.1 Sec. 35. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
18.2 Subd. 2.
Exemptions. A watercraft license is not required for:
18.3(1) a watercraft that is covered by a license or number in full force and effect under
18.4federal law or a federally approved licensing or numbering system of another state, and
18.5has not been within this state for more than 90 consecutive days, which does not include
18.6days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
18.7port or another port in the state;
18.8(2) a watercraft from a country other than the United States that has not been within
18.9this state for more than 90 consecutive days, which does not include days that a watercraft is
18.10laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
18.11(3) a watercraft owned by the United States, an Indian tribal government, a state, or
18.12a political subdivision of a state, except watercraft used for recreational purposes;
18.13(4) a ship's lifeboat;
18.14(5) a watercraft that has been issued a valid marine document by the United States
18.15government;
18.16(6) a
duck waterfowl boat during
duck waterfowl hunting season;
18.17(7) a rice boat during the harvest season;
18.18(8) a seaplane;
and
18.19(9) a nonmotorized watercraft ten feet in length or less
; and
18.20(10) a watercraft that is covered by a valid license or number issued by a federally
18.21recognized Indian tribe in the state under a federally approved licensing or numbering
18.22system and that is owned by a member of that tribe.
18.23EFFECTIVE DATE.Clause (10) is effective January 1, 2015.
18.24 Sec. 36. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
18.25 Subdivision 1.
Personal flotation or lifesaving devices. (a) Watercraft and
duck
18.26 waterfowl boats using the waters of this state must be equipped with the number and type
18.27of personal flotation or lifesaving devices prescribed by the commissioner.
18.28(b) The commissioner may not:
18.29(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
18.30(2) require persons on sailboards to wear personal flotation or lifesaving devices
18.31or have them readily available.
18.32 Sec. 37. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
18.33 Subd. 2.
Exempt watercraft. A watercraft is not required to have a certificate of
18.34title if the watercraft is:
19.1(1) owned by a manufacturer or dealer and held for sale;
19.2(2) used by a manufacturer solely for testing;
19.3(3) from a jurisdiction other than this state, temporarily using the waters of this state;
19.4(4) owned by the United States, a state, this state, or a political subdivision;
19.5(5) a
duck waterfowl boat used only during
duck waterfowl hunting season;
19.6(6) a rice boat used only during the wild rice harvesting season;
19.7(7) owned by a person, firm, or corporation operating a resort as defined in section
19.8157.15
or a recreational camping area as defined in section
327.14, subdivision 8, except
19.9with respect to a previously titled watercraft; or
19.10(8) watercraft manufactured prior to August 1, 1979.
19.11 Sec. 38. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
19.12 Subd. 3.
Cooperative farming agreements. On any public hunting, game refuge,
19.13wildlife management area,
aquatic management area, or scientific and natural area lands,
19.14the commissioner may enter into written cooperative farming agreements on a sharecrop
19.15basis, without competitive bidding, for the purpose of wildlife and plant management.
19.16Cooperative farming agreements may also be used to allow pasturing of livestock. The
19.17agreements may provide for the bartering of a share of any crop, produced from these
19.18lands, for services or products that will enhance or benefit the management of state lands
19.19for plant and animal species. Cooperative farming agreements pursuant to this section shall
19.20not be considered leases for tax purposes under section
272.01, subdivision 2, or
273.19.
19.21 Sec. 39. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
19.22 Subdivision 1.
Seizure. (a) An enforcement officer shall immediately seize the
19.23license of a person who unlawfully takes, transports, or possesses wild animals when the
19.24restitution value of the wild animals exceeds $500. Except as provided in subdivisions
19.252, 4, and 5, the person may not
use or obtain any license to take the same type of wild
19.26animals involved, including a duplicate license, until an action is taken under subdivision
19.276.
If the license seized under this paragraph was for a big game animal, the license seizure
19.28applies to all licenses to take big game issued to the individual. If the license seized under
19.29this paragraph was for small game animals, the license seizure applies to all licenses to
19.30take small game issued to the individual.
19.31(b) In addition to the license seizure under paragraph (a), if the restitution value of
19.32the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
19.33game and fish licenses held by the person shall be immediately seized. Except as provided
20.1in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
20.2including a duplicate license, until an action is taken under subdivision 6.
20.3(c) A person may not take wild animals covered by a license seized under this
20.4subdivision until an action is taken under subdivision 6.
20.5 Sec. 40. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
20.6 Subd. 6.
Taking deer; disabled veterans. A person authorized to issue licenses
20.7must issue, without a fee, a license to take deer with firearms or by archery to a resident
20.8that is a veteran, as defined in section
197.447, and that has a 100 percent service
20.9connected disability as defined by the United States Veterans Administration upon being
20.10furnished satisfactory evidence.
The commissioner, upon request, must issue a permanent
20.11card documenting satisfactory evidence of 100 percent permanently disabled status. The
20.12card serves as satisfactory evidence to obtain a license under this subdivision at all agent
20.13locations.
20.14 Sec. 41. Minnesota Statutes 2012, section 97A.441, subdivision 6a, is amended to read:
20.15 Subd. 6a.
Taking small game; disabled veterans. A person authorized to issue
20.16licenses must issue, without a fee, a license to take small game to a resident who is a veteran,
20.17as defined in section
197.447, and who has a 100 percent service connected disability as
20.18defined by the United States Veterans Administration upon being furnished satisfactory
20.19evidence.
The commissioner, upon request, must issue a permanent card documenting
20.20satisfactory evidence of 100 percent permanently disabled status. The card serves as
20.21satisfactory evidence to obtain a license under this subdivision at all agent locations.
20.22 Sec. 42. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
20.23 Subdivision 1.
Angling; Take a Kid Fishing Weekends. (a) A resident age 16
20.24years or older may take fish by angling without an angling
or license and may take fish by
20.25spearing from a dark house without a spearing license and without a fish house
or dark
20.26house license during one three-day consecutive period of the open water angling season
20.27and one three-day consecutive period of the ice angling season designated by
rule of
20.28 the commissioner if
the resident is accompanied by a child who is under age 16.
The
20.29commissioner may, by written order published in the State Register, establish the three-day
20.30consecutive periods. The written order is not subject to the rulemaking provisions of
20.31chapter 14 and section 14.386 does not apply.
20.32 (b) The commissioner
shall may designate and publicize the three-day periods as
20.33"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
21.1Fishing Weekend" for the ice angling season.
The commissioner shall announce the date
21.2of each three-day weekend at least 30 days in advance of the date it occurs.
21.3 Sec. 43. Minnesota Statutes 2012, section 97A.451, is amended by adding a
21.4subdivision to read:
21.5 Subd. 2a. Residents age 16 or 17; spearing. Residents age 16 or over and under
21.6age 18 may take fish by spearing without a spearing license but must possess a fishing
21.7license under section 97A.475, subdivision 6, clause (7).
21.8 Sec. 44. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
21.9 Subd. 3.
Residents and nonresidents under age 16; small game. (a) A resident
or
21.10nonresident under age 16 may not obtain a small game license but may take small game
21.11by firearms or bow and arrow without a license if the resident
or nonresident is:
21.12 (1) age 14 or 15 and possesses a firearms safety certificate;
21.13 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
21.14guardian;
21.15 (3) age 13, 14, or 15,
and possesses an apprentice hunter validation
, and is
21.16accompanied by a parent or guardian who possesses a small game license that was not
21.17obtained using an apprentice hunter validation as provided under section 97B.022; or
21.18 (4) age 12 or under and is accompanied by a parent or guardian.
21.19 (b) A resident under age 16 may take small game, other than wolves, by trapping
21.20without a small game license, but a resident 13 years of age or older must have a trapping
21.21license. A resident under age 13 may trap small game, other than wolves, without a
21.22trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
21.23resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
21.24under age five must be included in the limit of the accompanying parent or guardian.
21.25 (c) A resident
or nonresident under age 13 must obtain a free turkey license to
21.26take turkey and may take a turkey without a firearms safety certificate if the resident
or
21.27nonresident is accompanied by an adult parent or guardian who has a firearms safety
21.28certificate.
21.29 (d) A resident under age 13 may apply for a prairie chicken license and may take a
21.30prairie chicken without a firearms safety certificate if the resident is accompanied by an
21.31adult parent or guardian who has a firearms safety certificate.
21.32 Sec. 45. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
22.1 Subd. 3b.
Nonresidents age 16 or over and under age 18; small game. (a) A
22.2nonresident age 16 or over and under age 18 may take small game by firearms or archery
22.3and may obtain a small game license at the youth fee under section
97A.475, subdivision
22.43
, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate
or an
22.5apprentice hunter validation as provided under section 97B.022.
22.6(b) A nonresident under age 16 may take small game by firearms or archery and may
22.7obtain a small game license without paying the applicable fees under section
97A.475,
22.8subdivisions 3, 4, and 5, if the nonresident is:
22.9(1) age 14 or 15 and possesses a firearms safety certificate;
22.10(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent
22.11or guardian; or
22.12(3) age 12 or under and is accompanied by a parent or guardian.
22.13 Sec. 46. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
22.14 Subd. 4.
Residents and nonresidents under age 13 16; big game. (a) A resident
22.15or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
22.16the person possesses a firearms safety certificate or an apprentice hunter validation as
22.17provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
22.18parent or guardian to hunt big game.
22.19 (b) A resident
or nonresident age ten or
over and under age 13 11 must obtain a
22.20license under paragraph (c) and may take big game, provided the person is under the direct
22.21supervision of a parent or guardian where the parent or guardian is within immediate reach.
22.22 (c) A resident
or nonresident age ten
or over and under age 13, 11, or 12 must obtain
22.23a license to take big game
and may obtain the license without paying the fee required
22.24 under section
97A.475, subdivision 2 or 3.
22.25 Sec. 47. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
22.26 Subd. 5.
Nonresident youth; angling. (a) A nonresident under age 16 may:
22.27(1) take fish by angling without a license if a parent or guardian has a fishing license.
22.28Fish taken by a nonresident under age 16 without a license must be included in the limit
22.29of the parent or guardian;
22.30(2) purchase a youth fishing license under section
97A.475, subdivision 7, paragraph
22.31(a), clause (8), and possess a limit of fish; or
22.32(3) be included under a nonresident family angling license and possess a limit of fish.
22.33(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
22.34angle under section
97A.475, subdivision 7, paragraph (a), clause (8).
23.1(c) Nonresidents age 16 or over and under age 18 may take fish by spearing without
23.2a spearing license but must possess a fishing license under section 97A.475, subdivision 7,
23.3paragraph (a), clause (8).
23.4(d) Nonresidents under age 16 may take fish by spearing without a spearing or
23.5angling license.
23.6(e) Limits for fish taken by spearing must comply with one of the options listed
23.7under paragraph (a).
23.8 Sec. 48. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
23.9 Subd. 2.
Resident hunting. Fees for the following licenses, to be issued to residents
23.10only, are:
23.11 (1) for persons age 18 or over and under age 65 to take small game, $15.50;
23.12 (2) for persons age 65 or over, $7 to take small game;
23.13 (3) for persons age 18 or over to take turkey, $26;
23.14 (4) for persons age 13 or over and under age 18 to take turkey, $5;
23.15 (5) for persons age 18 or over to take deer with firearms during the regular firearms
23.16season, $30;
23.17 (6) for persons age 18 or over to take deer by archery, $30;
23.18 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
23.19season, $30;
23.20 (8) to take moose, for a party of not more than six persons, $356;
23.21 (9) to take bear, $44;
23.22 (10) to take elk, for a party of not more than two persons, $287;
23.23 (11) to take Canada geese during a special season, $4;
23.24 (12) to take prairie chickens, $23;
23.25 (13) for persons age 13 or over and under age 18 to take deer with firearms during
23.26the regular firearms season, $5;
23.27 (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
23.28 (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
23.29during the muzzleloader season, $5;
23.30(16) for persons age 18 or over to take small game for a consecutive 72-hour period
23.31selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
23.32migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
23.33waterfowl habitat improvement account under section
97A.075, subdivision 2; one-half
23.34of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
23.35the pheasant habitat improvement account under section
97A.075, subdivision 4; and
24.1one-half of the small game surcharge under subdivision 4, shall be deposited in the
24.2wildlife acquisition account;
24.3(17) for persons age 16 or over and under age 18 to take small game, $5;
and
24.4(18) to take wolf, $30
.;
24.5(19) for persons age 12 and under to take turkey, no fee;
24.6(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
24.7(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
24.8(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
24.9muzzleloader season, no fee.
24.10 Sec. 49. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
24.11 Subd. 8.
Minnesota sporting; super sports. (a) The commissioner shall issue
24.12Minnesota sporting licenses to residents only. The licensee may take fish by angling
24.13and small game. The fee for the license is:
24.14(1) for an individual, $31.50; and
24.15(2) for a combined license for a married couple to take fish and for one spouse to
24.16take small game, $45.50.
24.17(b) The commissioner shall issue Minnesota super sports licenses to residents only.
24.18The licensee may take fish by angling, including trout; small game, including pheasant
24.19and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
24.20sports license, including all required stamp validations is:
24.21(1) for an individual age 18 or over,
$92.50 $86.50; and
24.22(2) for a combined license for a married couple to take fish, including the trout and
24.23salmon stamp validation, and for one spouse to take small game, including pheasant
24.24and waterfowl, and deer,
$118.50 $110.50.
24.25(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
24.26according to section
97A.075, subdivisions 2, 3, and 4.
24.27(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
24.28according to section
97A.075, subdivision 1.
24.29 Sec. 50. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
24.30 Subd. 6.
Licenses to be sold and issuing fees. (a) Persons authorized to sell
24.31licenses under this section must issue the following licenses for the license fee and the
24.32following issuing fees:
24.33 (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
24.34 (2) Minnesota sporting, the issuing fee is $1;
25.1 (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
25.2animals, the issuing fee is $1;
25.3(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
25.4requires a license purchase at the time of application and the license purchase requires
25.5an application fee;
25.6(5) for a prairie chicken license, the issuing fee is $1;
25.7(6) for a turkey license, the issuing fee is $1;
25.8(7) for an elk license, the issuing fee is $1;
25.9(8) for a moose license, the issuing fee is $1;
25.10(9) for a wolf license, the issuing fee is $1;
25.11 (4) (10) for a stamp validation that is not issued simultaneously with a license, an
25.12issuing fee of 50 cents may be charged at the discretion of the authorized seller;
25.13 (5) (11) for stamp validations issued simultaneously with a license, there is no fee;
25.14 (6) (12) for licenses, seals, tags, or coupons issued without a fee under section
25.1597A.441
or
97A.465,
an the issuing fee
of 50 cents may be charged at the discretion of
25.16the authorized seller is $1;
25.17 (7) (13) for lifetime licenses, there is no fee; and
25.18 (8) (14) for all other licenses, permits, renewals, or applications or any other
25.19transaction through the electronic licensing system under this chapter or any other chapter
25.20when an issuing fee is not specified, an issuing fee of
50 cents $1 may be charged at the
25.21discretion of the authorized seller.
25.22 (b) Only one issuing fee may be collected when selling more than one stamp in the
25.23same transaction after the end of the season for which the stamp was issued.
25.24 (c) The agent shall keep the issuing fee as a commission for selling the licenses.
25.25 (d) The commissioner shall collect the issuing fee on licenses sold by the
25.26commissioner.
25.27 (e) A license, except stamps, must state the amount of the issuing fee and that the
25.28issuing fee is kept by the seller as a commission for selling the licenses.
25.29 (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
25.30 (1) for licenses to take big game, 75 cents; and
25.31 (2) for other licenses, 50 cents.
25.32 (g) The commissioner may issue one-day angling licenses in books of ten licenses
25.33each to fishing guides operating charter boats upon receipt of payment of all license
25.34fees, excluding the issuing fee required under this section. Copies of sold and unsold
25.35licenses shall be returned to the commissioner. The commissioner shall refund the charter
26.1boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
26.2maintained by the commissioner for one year.
26.3 Sec. 51. Minnesota Statutes 2012, section 97B.0215, is amended to read:
26.497B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
26.5A parent or
legal guardian of a minor may not knowingly direct, allow, or permit
26.6the minor to hunt without the required license, permit, training, or certification, or in
26.7violation of the game and fish laws.
26.8 Sec. 52. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
26.9 Subd. 2.
Apprentice hunter validation requirements. (a) A resident
or nonresident
26.10born after December 31, 1979, who is age 12 or over and who does not possess a hunter
26.11education firearms safety certificate may be issued an apprentice hunter validation. An
26.12apprentice hunter validation may be purchased two license years in a lifetime and used to
26.13obtain hunting licenses during the same license year that the validation is purchased.
26.14 (b) An individual in possession of an apprentice hunter validation may hunt small
26.15game, deer, and bear only when accompanied by an adult
licensed to hunt who has a
26.16valid license to hunt the same species of game in Minnesota
and whose license was not
26.17obtained using an apprentice hunter validation.
26.18(c) When an individual in possession of an apprentice hunter validation is hunting
26.19turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
26.20for another permit area or time period but must be licensed for the same season as the
26.21apprentice hunter. If the accompanying adult is not licensed for the same permit area or
26.22time period as the apprentice hunter, the accompanying adult may not shoot or possess a
26.23firearm or bow while accompanying the apprentice hunter under this paragraph.
26.24 (d) An apprentice hunter validation holder must obtain all required licenses and
26.25stamps.
26.26 Sec. 53. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
26.27 Subd. 2.
Restrictions related to motor vehicles. A person may not take a wild
26.28animal with a firearm or by archery from a motor vehicle except as permitted in this
26.29section. Notwithstanding section
97B.091, a person may transport a bow uncased while
26.30in
an electric motor-powered boat a motorized watercraft and may take rough fish while
26.31in the boat
as provided in section 97C.376, subdivision 3.
27.1 Sec. 54. Minnesota Statutes 2012, section 97B.112, is amended to read:
27.297B.112 SPECIAL HUNTS FOR YOUTH.
27.3The commissioner may by rule establish criteria, special seasons, and limits for
27.4youth
and adult hunters to take big game and small game by firearms or archery in
27.5designated areas or times
as part of the agency's overall effort in hunter recruitment and
27.6retention. The criteria may also include provisions for an unlicensed adult to assist a
youth
27.7 hunter during a special season or special hunt established under this section.
27.8 Sec. 55. Minnesota Statutes 2012, section 97C.341, is amended to read:
27.997C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
27.10(a) A person may not use live minnows imported from outside of the state, game
27.11fish, goldfish, or carp for bait.
Notwithstanding paragraphs (b) and (d), the commissioner
27.12may
, by written order published in the State Register, adopt rules to authorize
the use of
27.13game fish eggs as bait
in Lake Superior and its tributaries below the posted boundaries and
27.14prescribe restrictions on their use.
The order is exempt from the rulemaking provisions of
27.15chapter 14 and section
14.386 does not apply.
27.16(b) A person may not import or possess live, frozen, or processed bait from known
27.17waters where viral hemorrhagic septicemia has been identified as being present: (1)
27.18unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
27.19prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
27.20(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
27.21invertebrates, and insects used for taking wild animals in waters of the state.
27.22 (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
27.23be used as:
27.24 (1) fresh or frozen bait only on Lake Superior; or
27.25 (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
27.26manner prescribed by rules adopted by the commissioner.
27.27(d) To ensure that frozen or dead fish being brought into the state are not in violation
27.28of paragraph (b), the following paperwork must accompany the shipment. Documents
27.29must be open for inspection by the commissioner at any reasonable time. All documents
27.30must be available to purchasers of these bait items. Each container or package of frozen or
27.31dead fish must have the following information:
27.32(1) water body source;
27.33(2) lot number;
27.34(3) company contact including name, phone, and address;
27.35(4) date of packaging and labeling; and
28.1(5) valid negative fish health certification from the source water body.
28.2 Sec. 56. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
28.3 Subdivision 1.
Period when use prohibited. Except as specifically authorized, a
28.4person may not take fish
with a spear from the third Monday in February to
April 30 with
28.5a spear, the Friday before the last Saturday in April and may not take fish with a fish
28.6trap, net, dip net, seine, or other device capable of taking fish
from the third Monday
28.7in February to April 30.
28.8 Sec. 57. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
28.9 Subd. 2.
Possession. (a) Except as specifically authorized, a person may not possess
28.10a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
28.11waters. Possession includes personal possession and in a vehicle.
28.12(b) A person may possess
spears, dip nets
, and spear guns allowed under section
28.1397C.381
on or near waters between sunrise and sunset from May 1 to the last Sunday in
28.14February, or as otherwise prescribed by the commissioner.
A person may possess a spear
28.15on or near waters between sunrise and sunset from the last Saturday in April to the last
28.16Sunday in February, or as otherwise prescribed by the commissioner.
28.17 Sec. 58. Minnesota Statutes 2012, section 97C.375, is amended to read:
28.1897C.375 TAKING ROUGH FISH BY SPEARING.
28.19(a) A resident or nonresident may take rough fish by spearing
according to paragraph
28.20(b) and during the times, in waters, and in the manner prescribed by the commissioner.
28.21(b) Suckers may be taken by spearing from the last Saturday in April through the
28.22last Sunday in February.
28.23 Sec. 59. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
28.24 Subdivision 1.
Season. (a) The
regular bow fishing season for residents and
28.25nonresidents is from
May 1 the last Saturday in April to the last Sunday in February at
28.26any time of the day.
28.27(b) The early bow fishing season for residents and nonresidents is open only south
28.28of State Highway 210 from the Monday after the last Sunday in February to the Friday
28.29before the last Saturday in April at any time of the day. During the early season, a person
28.30may bow fish:
28.31(1) only from a boat; and
28.32(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
29.1 Sec. 60. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
29.2 Subd. 2.
Possession of bows and arrows. A person may possess bows and arrows
29.3for the purposes of bow fishing on or within 100 feet of waters at any time from
May 1 the
29.4last Saturday in April to the last Sunday in February
and at other times on lakes and rivers
29.5south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
29.6ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
29.7 Sec. 61. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
29.8 Subd. 3.
Nighttime restrictions on motors. (a) From sunset to sunrise,
a person
29.9bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
29.10engine powered generator. the noise limits for total noise while bow fishing
from sunset
29.11to sunrise shall must not exceed a noise level of 65 decibels on the A scale measured at
29.12a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
29.13specified by the commissioner in a pass-by test
or 67 decibels on the A scale measured
29.14at idle in a stationary test at least four feet above the water and at least four feet behind
29.15the transom of the motorboat being tested.
29.16(b) The noise limits under paragraph (a) shall be determined under a test procedure
29.17approved by the commissioner under section 86B.321, subdivision 2.
29.18(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
29.19relating to motorboat noise.
29.20(d) The noise levels under section
86B.321 apply to persons traveling to and from
29.21bow fishing sites from sunset to sunrise.
29.22 Sec. 62.
RULEMAKING; GAME FISH EGGS AS BAIT.
29.23(a) The commissioner of natural resources shall amend Minnesota Rules, part
29.246262.0100, by adding a subpart to read:
29.25"Spawn bags may be bought or sold only if the bags are made with:
29.26A. fish eggs from a licensed aquaculture facility; or
29.27B. fish eggs that are:
29.28(1) legally taken from a source outside Minnesota that has been certified disease-free;
29.29and
29.30(2) preserved and labeled as required under a bait preservation permit. Records must
29.31be maintained as required for bait preservation permits."
29.32(b) The commissioner of natural resources shall amend Minnesota Rules, part
29.336262.0300, subpart 5, to read:
30.1"A. Except as provided in this subpart, the taking of fish for bait purposes from all
30.2Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
30.3the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
30.4estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
30.5B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
30.697C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
30.7Superior or its tributaries below the posted boundaries may be used to make spawn bags
30.8for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
30.9paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
30.10the posted boundaries and may be transported to and from Lake Superior or its tributaries
30.11below the posted boundaries."
30.12(c) The commissioner may use the good cause exemption under Minnesota Statutes,
30.13section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
30.14Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
30.15section 14.388.
30.16 Sec. 63.
RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
30.17CRANES.
30.18(a) The commissioner of natural resources shall amend Minnesota Rules, part
30.196133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
30.20sandhill crane.
30.21(b) The commissioner may use the good cause exemption under Minnesota Statutes,
30.22section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
30.23Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
30.24section 14.388.
30.25 Sec. 64.
RULEMAKING; SPEARING ROUGH FISH.
30.26The commissioner of natural resources shall amend Minnesota Rules, part
30.276262.0600, to make seasons for spearing rough fish consistent with the date changes in
30.28sections 56 to 58. The commissioner may use the good cause exemption under Minnesota
30.29Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and
30.30Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
30.31Statutes, section 14.388.
30.32 Sec. 65.
RULEMAKING; REMOVING SPEARING RESTRICTIONS.
31.1The commissioner of natural resources shall amend Minnesota Rules, part
31.26264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing
31.3for the following lakes: Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar,
31.4Eagle, Owasso, North Star, Moose, and Spider. The commissioner may use the good
31.5cause exemption under Minnesota Statutes, section 14.388, to adopt rules under this
31.6section, and Minnesota Statutes, section 14.386, does not apply, except as provided under
31.7Minnesota Statutes, section 14.388.
31.8 Sec. 66.
REVISOR'S INSTRUCTION.
31.9The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
31.10boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.
31.11 Sec. 67.
REPEALER.
31.12(a) Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
31.134a; and 97C.346, are repealed.
31.14(b) Laws 2011, First Special Session chapter 2, article 5, section 69, is repealed.
31.15EFFECTIVE DATE.Paragraph (b) is effective retroactively from July 1, 2012.