Minnesota Legislature
SF 1288
2nd Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to game and fish; providing for certain 1.3 lifetime game and fish licenses; establishing the 1.4 lifetime fish and wildlife trust fund; imposing fees; 1.5 requiring an annual report; providing for cervidae 1.6 shooting preserves; modifying provisions for 1.7 designating experimental waters; modifying provisions 1.8 for fishing contest; exempting archery bows used for 1.9 bowfishing from casing requirements; modifying 1.10 crossbow permit provisions; modifying certain licenses 1.11 issued without a fee; modifying tag requirements; 1.12 providing for hunting licenses for persons with mental 1.13 retardation; modifying big game ammunition 1.14 requirements; modifying blaze orange requirements; 1.15 modifying certain provisions for deer hunting 1.16 licenses; appropriating money; amending Minnesota 1.17 Statutes 1998, sections 17.451, subdivision 2; 17.452, 1.18 subdivisions 5 and 8; 97A.071, subdivision 2; 97A.411, 1.19 subdivision 1; 97A.421; 97A.441, subdivision 7; 1.20 97A.475, subdivisions 2 and 4; 97A.535, subdivision 1; 1.21 97B.015, by adding a subdivision; 97B.031, subdivision 1.22 1; 97B.051; 97B.071; 97B.106; 97B.301, subdivisions 1, 1.23 2, and by adding subdivisions; 97C.001, subdivision 1; 1.24 and 97C.081, subdivisions 2, 3, and by adding 1.25 subdivisions; Minnesota Statutes 1999 Supplement, 1.26 sections 97A.075, subdivision 1; and 97B.020; Laws 1.27 1993, chapter 273, section 1, as amended; proposing 1.28 coding for new law in Minnesota Statutes, chapters 17; 1.29 97A; 97B; and 97C. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 Section 1. Minnesota Statutes 1998, section 17.451, 1.32 subdivision 2, is amended to read: 1.33 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 1.34 members of the cervidae family that are: 1.35 (1) raised for the purpose of shooting, harvesting, 1.36 producing fiber, meat, or animal by-products, as pets, or as 1.37 breeding stock; and 2.1 (2) registered in a manner approved by the board of animal 2.2 health. 2.3 Sec. 2. Minnesota Statutes 1998, section 17.452, 2.4 subdivision 5, is amended to read: 2.5 Subd. 5. [RAISING FARMED CERVIDAE IS AN AGRICULTURAL 2.6 PURSUIT.] Raising farmed cervidae is agricultural production and 2.7 an agricultural pursuit, which may include the sale of farmed 2.8 cervidae to a person for personal consumption. Personal 2.9 consumption may include the taking of farmed cervidae by 2.10 firearms or archery on a licensed shooting preserve. 2.11 Sec. 3. Minnesota Statutes 1998, section 17.452, 2.12 subdivision 8, is amended to read: 2.13 Subd. 8. [SLAUGHTER.] Farmed cervidae that are to be sold 2.14 for commercial meat purposes must be slaughtered and inspected 2.15 in accordance with the United States Department of Agriculture 2.16 voluntary program for exotic animals, Code of Federal 2.17 Regulations, title 9, part 352. 2.18 Sec. 4. [17.4521] [CERVIDAE SHOOTING PRESERVES.] 2.19 Subdivision 1. [FEES FOR SHOOTING PRESERVES.] (a) The fee 2.20 for a cervidae shooting preserve license is $500 for the 2.21 original application and $25 for the annual license. 2.22 (b) Shooting preserve licenses issued under this 2.23 subdivision expire on the last day of March. The annual renewal 2.24 fee for a license is $25. 2.25 Subd. 2. [SHOOTING PRESERVE APPLICATION.] The commissioner 2.26 may license up to ten cervidae shooting preserves in the state. 2.27 An application for a cervidae shooting preserve license must be 2.28 filed with the commissioner. The application must include a 2.29 legal description of the shooting preserve land, number of 2.30 acres, species to be harvested, and other necessary information 2.31 prescribed by the commissioner. 2.32 Subd. 3. [LICENSES.] A person may not operate a cervidae 2.33 shooting preserve without a license. The commissioner, in 2.34 consultation with the commissioner of natural resources, may 2.35 issue a license to operate a cervidae shooting preserve if the 2.36 commissioner determines that it is in the public interest and 3.1 that there will not be an adverse effect on wild cervidae 3.2 populations. Shooting preserves may be located in all parts of 3.3 the state as determined by the commissioner. The commissioner 3.4 must perform a site inspection before a license may be issued. 3.5 The commissioner may waive the inspection prior to granting the 3.6 license. The commissioner shall either grant or deny the 3.7 request for a shooting preserve license within 60 days of the 3.8 date the initial completed application was received or within 30 3.9 days of a request for license renewal. 3.10 Subd. 4. [GAME AVAILABLE.] Game that may be released and 3.11 harvested in a licensed cervidae shooting preserve must be 3.12 specified in the license and are limited to species raised as 3.13 farmed cervidae under sections 17.451 and 17.452. Only farmed 3.14 cervidae from herds in the accredited program of the board of 3.15 animal health may be transported to and released in a licensed 3.16 cervidae shooting preserve. 3.17 Subd. 5. [LOCATION; SIZE OF PRESERVE.] A shooting preserve 3.18 must be separated from any farmed cervidae breeding pens or 3.19 pastures by a minimum distance established by the commissioner. 3.20 A shooting preserve must contain not less than 240 nor more than 3.21 960 contiguous acres, including any water area, and must have 3.22 areas of cover to provide for concealment of the cervidae 3.23 sufficient to prevent the cervidae from being visible in all 3.24 parts of the preserve at one time and must afford cervidae the 3.25 chance of escape from pursuit by patrons of the shooting 3.26 preserve. 3.27 Subd. 6. [POSTING OF BOUNDARIES.] The boundaries of a 3.28 shooting preserve must be clearly posted in a manner prescribed 3.29 by the commissioner. The operator must post signs around the 3.30 entire perimeter of the preserve at intervals not to exceed 500 3.31 feet. 3.32 Subd. 7. [FENCING AND ENCLOSURES.] All perimeter fencing 3.33 must comply with farmed cervidae requirements in section 17.452. 3.34 Subd. 8. [REMOVAL OF ALL WILD CERVIDAE.] All wild cervidae 3.35 must be removed from the shooting preserve property at the 3.36 owner's expense prior to final issuance of the shooting preserve 4.1 license. 4.2 Subd. 9. [REVOCATION OF LICENSE.] The commissioner may 4.3 revoke a shooting preserve license if the licensee or persons 4.4 authorized to hunt in the shooting preserve have been convicted 4.5 of a violation under this section. After revocation, a new 4.6 license may be issued at the discretion of the commissioner. 4.7 Subd. 10. [HUNTING LICENSE NOT REQUIRED.] A hunting 4.8 license is not required to hunt authorized species of cervidae 4.9 on a licensed shooting preserve. 4.10 Subd. 11. [SEASON.] (a) The open season for harvesting in 4.11 a shooting preserve is August 15 through March 31. 4.12 (b) The commissioner may restrict the open season after 4.13 receiving a complaint, holding a public hearing, and finding 4.14 that the population of a particular species of wild cervidae is 4.15 harmed by harvesting in the shooting preserve. 4.16 Subd. 12. [WEAPONS LIMITATIONS.] A person may take farmed 4.17 cervidae on a shooting preserve by archery or firearms 4.18 authorized by law to take wild cervidae in the same area. 4.19 Subd. 13. [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 4.20 shooting preserve licensee is responsible for determining who is 4.21 allowed to harvest in the preserve. In each preserve, the 4.22 licensee may establish the charge for taking cervidae, the 4.23 shooting hours, the season, weapon limitations, and restrictions 4.24 on the age, sex, and number of each species that may be taken by 4.25 the hunter. These provisions may not conflict with this section 4.26 and may not be less restrictive than any rule. 4.27 Subd. 14. [IDENTIFICATION AND MARKING OF CERVIDAE.] All 4.28 cervidae must be identified by permanent tattoo, electronic 4.29 implant, or other means of identification that comply with 4.30 section 17.452. 4.31 Subd. 15. [MARKING HARVESTED CERVIDAE.] Harvested cervidae 4.32 must be marked in accordance with or identified by the shooting 4.33 preserve operator in a manner prescribed by the commissioner. 4.34 The commissioner may issue the tags or other markings at a cost 4.35 not to exceed $2 each. The marking must remain attached on the 4.36 cervidae while the cervidae is transported. 5.1 Subd. 16. [RECORDKEEPING.] A shooting preserve must 5.2 maintain a registration book listing the names, addresses, and 5.3 hunting license numbers, if applicable, of all patrons of the 5.4 shooting preserve, the date when they harvested, the amount and 5.5 species of cervidae taken, and the tag numbers or other markings 5.6 affixed to each animal. A shooting preserve must keep records 5.7 of the number of each species raised and purchased and the date 5.8 and number of each species released. An annual report shall be 5.9 made to the commissioner by the date herd registration is 5.10 required. The records must be open to inspection by the 5.11 commissioner at all reasonable times. 5.12 Sec. 5. Minnesota Statutes 1998, section 97A.071, 5.13 subdivision 2, is amended to read: 5.14 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.] 5.15 Revenue from the small game surcharge and $4 annually from the 5.16 lifetime fish and wildlife trust fund, established in section 5.17 97A.4742, for each license issued under sections 97A.473, 5.18 subdivisions 3 and 5, and 97A.474, subdivision 3, shall be 5.19 credited to the wildlife acquisition account and the money in 5.20 the account shall be used by the commissioner only for the 5.21 purposes of this section, and acquisition and development of 5.22 wildlife lands under section 97A.145 and maintenance of the 5.23 lands, in accordance with appropriations made by the legislature. 5.24 Sec. 6. Minnesota Statutes 1999 Supplement, section 5.25 97A.075, subdivision 1, is amended to read: 5.26 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 5.27 of this subdivision, "deer license" means a license issued under 5.28 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 5.29 3, clauses (2), (3), and (7), and licenses issued under section 5.30 97B.301, subdivision 4. A deer license issued under section 5.31 97A.475, subdivision 2, clause (6), means the dollar amount in 5.32 paragraphs (b) and (c) are doubled for deer management. 5.33 (b) At least $2 from each annual deer license and $2 5.34 annually from the lifetime fish and wildlife trust fund, 5.35 established in section 97A.4742, for each license issued under 5.36 section 97A.473, subdivision 4, shall be used for deer habitat 6.1 improvement or deer management programs. 6.2 (c) At least $1 from each annual deer license and each bear 6.3 license and $1 annually from the lifetime fish and wildlife 6.4 trust fund, established in section 97A.4742, for each license 6.5 issued under section 97A.473, subdivision 4, shall be used for 6.6 deer and bear management programs, including a computerized 6.7 licensing system. Fifty cents from each deer license is 6.8 appropriated for emergency deer feeding. Money appropriated for 6.9 emergency deer feeding is available until expended. When the 6.10 unencumbered balance in the appropriation for emergency deer 6.11 feeding at the end of a fiscal year exceeds $1,500,000 for the 6.12 first time, $750,000, is canceled to the unappropriated balance 6.13 of the game and fish fund. 6.14 Thereafter, when the unencumbered balance in the 6.15 appropriation for emergency deer feeding exceeds $1,500,000 at 6.16 the end of a fiscal year, the unencumbered balance in excess of 6.17 $1,500,000 is canceled and available for deer and bear 6.18 management programs and computerized licensing. 6.19 Sec. 7. Minnesota Statutes 1998, section 97A.411, 6.20 subdivision 1, is amended to read: 6.21 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 6.22 paragraphs (b)and, (c), and (d), a license is valid during the 6.23 lawful time within the license year that the licensed activity 6.24 may be performed. A license year begins on the first day of 6.25 March and ends on the last day of February. 6.26 (b) A license issued under section 97A.475, subdivision 6, 6.27 clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or 6.28 (6), or 97A.475, subdivision 12, clause (2), is valid for the 6.29 full license period even if this period extends into the next 6.30 license year, provided that the license period selected by the 6.31 licensee begins at the time of issuance. 6.32 (c) When the last day of February falls on a Saturday, an 6.33 annual resident or nonresident fish house or dark house license, 6.34 including a rental fish house or dark house license, obtained 6.35 for the license year covering the last day of February, is valid 6.36 through Sunday, March 1 and the angling license of the fish 7.1 house licensee is extended through March 1. 7.2 (d) A lifetime license issued under section 97A.473 or 7.3 97A.474 is valid during the lawful time within the license year 7.4 that the licensed activity may be performed for the lifetime of 7.5 the licensee. 7.6 Sec. 8. Minnesota Statutes 1998, section 97A.421, is 7.7 amended to read: 7.8 97A.421 [VALIDITY AND ISSUANCE OF LICENSES AFTER 7.9 CONVICTION.] 7.10 Subdivision 1. [GENERAL.] (a) The annual license of a 7.11 person convicted of a violation of the game and fish laws 7.12 relating to the license or wild animals covered by the license 7.13 is void when: 7.14 (1) a second conviction occurs within three years under a 7.15 license to take small game or to take fish by angling or 7.16 spearing; 7.17 (2) a third conviction occurs within one year under a 7.18 minnow dealer's license; 7.19 (3) a second conviction occurs within three years for 7.20 violations of section 97A.425 that do not involve falsifications 7.21 or intentional omissions of information required to be recorded, 7.22 or attempts to conceal unlawful acts within the records; 7.23 (4) two or more misdemeanor convictions occur within a 7.24 three-year period under a private fish hatchery license; or 7.25 (5) the conviction occurs under a license not described in 7.26 clause (1), (2), or (4) or is for a violation of section 97A.425 7.27 not described in clause (3). 7.28 (b) Except for big game licenses and as otherwise provided 7.29 in this section, for one year after the conviction the person 7.30 may not obtain the kind of license or take wild animals under a 7.31 lifetime license, issued under section 97A.473 or 97A.474, 7.32 relating to the game and fish law violation. 7.33 Subd. 2. [ISSUANCE OF LICENSE AFTER CONVICTION FOR BUYING 7.34 AND SELLING WILD ANIMALS.] A person may not obtain a license to 7.35 take any wild animal or take wild animals under a lifetime 7.36 license, issued under section 97A.473 or 97A.474, for a period 8.1 of three years after being convicted of buying or selling game 8.2 fish, big game, or small game, and the total amount of the sale 8.3 is $300 or more. 8.4 Subd. 3. [ISSUANCE OF A BIG GAME LICENSE AFTER 8.5 CONVICTION.] A person may not obtain any big game license or 8.6 take big game under a lifetime license, issued under section 8.7 97A.473, for three years after the person is convicted of: 8.8 (1) a gross misdemeanor violation under the game and fish 8.9 laws relating to big game; 8.10 (2) doing an act without a required big game license; or 8.11 (3) the second violation within three years under the game 8.12 and fish laws relating to big game. 8.13 Subd. 4. [ISSUANCE AFTER INTOXICATION OR NARCOTICS 8.14 CONVICTION.] A person convicted of a violation under section 8.15 97B.065, relating to hunting while intoxicated or using 8.16 narcotics, may not obtain a license to hunt with a firearm or by 8.17 archery or hunt with a firearm under a lifetime license, issued 8.18 under section 97A.473 or 97A.474, for five years after 8.19 conviction. 8.20 Subd. 5. [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 8.21 AFTER CONVICTION.] If the commissioner determines that the 8.22 public welfare will not be injured, the commissioner may 8.23 reinstate licenses voided under subdivision 1 and issue licenses 8.24 to persons ineligible under subdivision 2. The commissioner's 8.25 authority applies only to licenses to: 8.26 (1) maintain and operate fur or game farms or private fish 8.27 hatcheries; 8.28 (2) take fish commercially in Lake of the Woods, Rainy 8.29 Lake, Namakan Lake, or Lake Superior; 8.30 (3) buy fish from Lake of the Woods, Rainy Lake, Namakan 8.31 Lake, or Lake Superior commercial fishing licensees; and 8.32 (4) sell live minnows. 8.33 Subd. 6. [APPLICABILITY TO MOOSE OR ELK LICENSES.] In this 8.34 section the term "license" includes an application for a license 8.35 to take either moose or elk. 8.36 Sec. 9. Minnesota Statutes 1998, section 97A.441, 9.1 subdivision 7, is amended to read: 9.2 Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 9.3 commissionermayshall issue, withoutan additionala fee, a 9.4 license to takeadditionala deerwith firearms under section9.597B.301, subdivision 4,of either sex to a person who is an 9.6 owner or tenant andlivesis living and actively farming on at 9.7 leastten80 acres of agricultural land, as defined in section 9.8 97B.001, inan area where the commissioner has made these9.9licenses available. Landowners and tenants applying for a9.10license under this subdivision must receive preference over9.11other applicants for the licensesdeer permit areas that have 9.12 deer archery licenses to take additional deer under section 9.13 97B.301, subdivision 4. A person may receive only one license 9.14 per year under this subdivision. For properties with coowners 9.15 or cotenants, only one coowner or cotenant may receive a license 9.16 under this subdivision per year. The license issued under this 9.17 subdivision is restricted to the land owned or leased by the 9.18 holder of the license within the permit area where the 9.19 qualifying land is located. The holder of the license may 9.20 transfer the license to the holder's spouse or dependent. 9.21 Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 9.22 subdivision 2, the holder of the license may purchase an 9.23 additional license for taking deer and may take an additional 9.24 deer under that license. 9.25 (b)PersonsA person whoobtainobtains a license under 9.26 paragraph (a) must allow public deer hunting on their land 9.27 during that deer hunting season, with the exception of the first 9.28 Saturday and Sunday during the deer hunting season applicable to 9.29 the license issued under section 97A.475, subdivision 2, clause 9.30 (4). 9.31 Sec. 10. [97A.473] [RESIDENT LIFETIME LICENSES.] 9.32 Subdivision 1. [RESIDENT LIFETIME LICENSES 9.33 AUTHORIZED.] (a) The commissioner may issue a lifetime angling 9.34 license, a lifetime small game hunting license, a lifetime 9.35 firearms deer license, or a lifetime sporting license to a 9.36 person who is a resident of the state for at least one year or 10.1 who is under age 21 and the child of a person who is a resident 10.2 of the state for at least one year. The license fees paid for a 10.3 lifetime license are nonrefundable. 10.4 (b) The commissioner may require the holder of a lifetime 10.5 license issued under this section to notify the department each 10.6 year that the license is used, by: 10.7 (1) telephone or Internet notification, as specified by the 10.8 commissioner; 10.9 (2) the purchase of stamps for the license; or 10.10 (3) registration and tag issuance, in the case of the 10.11 resident lifetime deer license. 10.12 Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 10.13 lifetime angling license authorizes a person to take fish by 10.14 angling in the state. The license authorizes those activities 10.15 authorized by the annual resident angling license. The license 10.16 does not include a trout and salmon stamp or other stamps 10.17 required by law. 10.18 (b) The fees for a resident lifetime angling license are: 10.19 (1) age 3 and under, $227; 10.20 (2) age 4 to age 15, $300; 10.21 (3) age 16 to age 50, $383; and 10.22 (4) age 51 and over, $203. 10.23 Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 10.24 resident lifetime small game hunting license authorizes a person 10.25 to hunt small game in the state. The license authorizes those 10.26 hunting activities authorized by the annual resident small game 10.27 hunting license. The license does not include any of the 10.28 hunting stamps required by law. 10.29 (b) The fees for a resident lifetime small game hunting 10.30 license are: 10.31 (1) age 3 and under, $217; 10.32 (2) age 4 to age 15, $290; 10.33 (3) age 16 to age 50, $363; and 10.34 (4) age 51 and over, $213. 10.35 Subd. 4. [LIFETIME FIREARM DEER HUNTING LICENSE; FEE.] (a) 10.36 A resident lifetime firearm deer hunting license authorizes a 11.1 person to take deer with firearms in the state. The license 11.2 authorizes those activities authorized by the annual resident 11.3 firearm deer hunting license. The licensee must register and 11.4 receive tags each year that the license is used. The tags shall 11.5 be issued at no charge to the licensee. 11.6 (b) The fees for a resident lifetime firearm deer hunting 11.7 license are: 11.8 (1) age 3 and under, $337; 11.9 (2) age 4 to age 15, $450; 11.10 (3) age 16 to age 50, $573; and 11.11 (4) age 51 and over, $383. 11.12 Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 11.13 lifetime sporting license authorizes a person to take fish by 11.14 angling and hunt small game in the state. The license 11.15 authorizes those activities authorized by the annual resident 11.16 angling and resident small game hunting licenses. The license 11.17 does not include a trout and salmon stamp or any of the hunting 11.18 stamps required by law. 11.19 (b) The fees for a resident lifetime sporting license are: 11.20 (1) age 3 and under, $357; 11.21 (2) age 4 to age 15, $480; 11.22 (3) age 16 to age 50, $613; and 11.23 (4) age 51 and over, $413. 11.24 Sec. 11. [97A.474] [NONRESIDENT LIFETIME LICENSES.] 11.25 Subdivision 1. [NONRESIDENT LIFETIME LICENSES AUTHORIZED.] 11.26 (a) The commissioner may issue a lifetime angling license or a 11.27 lifetime small game hunting license to a nonresident. The 11.28 license fees paid for a lifetime license are nonrefundable. 11.29 (b) The commissioner may require the holder of a lifetime 11.30 license issued under this section to notify the department each 11.31 year that the license is used, by: 11.32 (1) telephone or Internet notification, as specified by the 11.33 commissioner; or 11.34 (2) the purchase of stamps for the license. 11.35 Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 11.36 A nonresident lifetime angling license authorizes a person to 12.1 take fish by angling in the state. The license authorizes those 12.2 activities authorized by the annual nonresident angling 12.3 license. The license does not include a trout and salmon stamp 12.4 or other stamps required by law. 12.5 (b) The fees for a nonresident lifetime angling license are: 12.6 (1) age 3 and under, $447; 12.7 (2) age 4 to age 15, $600; 12.8 (3) age 16 to age 50, $773; and 12.9 (4) age 51 and over, $513. 12.10 Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 12.11 FEE.] (a) A nonresident lifetime small game hunting license 12.12 authorizes a person to hunt small game in the state. The 12.13 license authorizes those hunting activities authorized by the 12.14 annual nonresident small game hunting license. The license does 12.15 not include any of the hunting stamps required by law. 12.16 (b) The fees for a nonresident lifetime small game hunting 12.17 license are: 12.18 (1) age 3 and under, $947; 12.19 (2) age 4 to age 15, $1,280; 12.20 (3) age 16 to age 50, $1,633; and 12.21 (4) age 51 and over, $1,083. 12.22 Sec. 12. [97A.4742] [LIFETIME FISH AND WILDLIFE TRUST 12.23 FUND.] 12.24 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The lifetime fish 12.25 and wildlife trust fund is established as a fund in the state 12.26 treasury. All money received from the issuance of resident 12.27 lifetime angling, small game hunting, firearm deer hunting, and 12.28 sporting licenses and earnings on the fund shall be credited to 12.29 the lifetime fish and wildlife trust fund. 12.30 Subd. 2. [INVESTMENT OF FUND; USE OF INCOME FROM 12.31 FUND.] Money in the lifetime fish and wildlife trust fund shall 12.32 be invested by the state investment board to secure the maximum 12.33 return consistent with the maintenance of the perpetuity of the 12.34 fund. The income received and accruing from investments of the 12.35 fund shall be deposited in the lifetime fish and wildlife trust 12.36 fund. Each year the commissioner of finance shall transfer from 13.1 the lifetime fish and wildlife trust fund to the game and fish 13.2 fund an amount equal to the amount that would otherwise have 13.3 been collected from annual license fees for each lifetime 13.4 license. Surcharge amounts shall be transferred based on 13.5 sections 97A.071, subdivision 2, and 97A.075, subdivision 1. 13.6 Subd. 3. [LIFETIME LICENSE FEES.] By October 15 of each 13.7 even-numbered year, the commissioner shall report on the 13.8 adequacy of lifetime license fees and make specific requests for 13.9 fee adjustments for the lifetime licenses to the legislative 13.10 committees with jurisdiction over environment and natural 13.11 resources finance and the commissioner of finance. The 13.12 commissioner of finance shall review the fee report and make 13.13 recommendations to the governor and legislature for each fee 13.14 category under sections 97A.473 and 97A.474, as part of the 13.15 biennial budget, under sections 16A.10 and 16A.11. 13.16 Subd. 4. [ANNUAL REPORT.] By November 15 each year, the 13.17 commissioner shall submit a report to the legislative committees 13.18 having jurisdiction over environment and natural resources 13.19 appropriations and environment and natural resources policy. 13.20 The report shall state the amount of revenue received in and 13.21 expenditures made from revenue transferred from the lifetime 13.22 fish and wildlife trust fund to the game and fish fund and shall 13.23 describe projects funded, locations of the projects, and results 13.24 and benefits from the projects. The report may be included in 13.25 the game and fish fund report required by section 97A.055, 13.26 subdivision 4. The commissioner shall make the annual report 13.27 available to the public. 13.28 Sec. 13. Minnesota Statutes 1998, section 97A.475, 13.29 subdivision 2, is amended to read: 13.30 Subd. 2. [RESIDENT HUNTING.] Fees for the following 13.31 licenses, to be issued to residents only, are: 13.32 (1) for persons under age 65 to take small game, $10; 13.33 (2) for persons age 65 or over, $5; 13.34 (3) to take turkey, $16; 13.35 (4) to take deer with firearms, $22; 13.36 (5) to take deer by archery, $22; 14.1 (6) to take moose, for a party of not more than six 14.2 persons, $275; 14.3 (7) to take bear, $33; 14.4 (8) to take elk, for a party of not more than two persons, 14.5 $220; 14.6 (9) to take antlered deer in more than one zone, $44;and14.7 (10) to take Canada geese during a special season, $3; and 14.8 (11) to take an antlered buck throughout the state in any 14.9 open deer season, except as restricted under section 97B.305, 14.10 $66. 14.11 Sec. 14. Minnesota Statutes 1998, section 97A.475, 14.12 subdivision 4, is amended to read: 14.13 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses 14.14 to take small game must be increased by a surcharge of $4. An 14.15 additional commission may not be assessed on the surcharge and 14.16 this must be stated on the back of the license with the 14.17 following statement: "This $4 surcharge is being paid by 14.18 hunters for the acquisition and development of wildlife lands." 14.19 Sec. 15. Minnesota Statutes 1998, section 97A.535, 14.20 subdivision 1, is amended to read: 14.21 Subdivision 1. [TAGS REQUIRED.] A person may not possess 14.22 or transport deer, bear, elk, or moose taken in the state unless 14.23 a tag is attached to the carcass in a manner prescribed by the 14.24 commissioner. The commissioner must prescribe the type of tag 14.25 that has the license number of the owner, the year of its issue, 14.26 and other information prescribed by the commissioner. The tag 14.27 must be attached to the deer, bear, elk, or mooseat the site of14.28the kill before the animal is removed from the site of the kill,14.29and must remain attached to the animal until the animal is14.30processed for storagewhen: 14.31 (1) the animal is in a camp, in a place occupied overnight, 14.32 or in the yard surrounding such a place; or 14.33 (2) the animal is on a motor vehicle. 14.34 Sec. 16. Minnesota Statutes 1998, section 97B.015, is 14.35 amended by adding a subdivision to read: 14.36 Subd. 6. [PROVISIONAL CERTIFICATE FOR PERSONS WITH MENTAL 15.1 RETARDATION OR A RELATED CONDITION.] Upon the recommendation of 15.2 a course instructor, the commissioner may issue a provisional 15.3 firearms safety certificate to a person who satisfactorily 15.4 completes the classroom portion of the firearms safety course 15.5 but is unable to pass the written or an alternate format exam 15.6 portion of the course because of mental retardation or a related 15.7 condition as defined in section 97B.1055, subdivision 1. The 15.8 certificate is valid only when used according to section 15.9 97B.1055. 15.10 Sec. 17. Minnesota Statutes 1999 Supplement, section 15.11 97B.020, is amended to read: 15.12 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 15.13 Except as provided in this section, a person born after 15.14 December 31, 1979, may not obtainaan annual license to take 15.15 wild animals by firearms unless the person has a firearms safety 15.16 certificate or equivalent certificate, driver's license or 15.17 identification card with a valid firearms safety qualification 15.18 indicator issued under section 171.07, subdivision 13, previous 15.19 hunting license, or other evidence indicating that the person 15.20 has completed in this state or in another state a hunter safety 15.21 course recognized by the department under a reciprocity 15.22 agreement. A person who is on active duty and has successfully 15.23 completed basic training in the United States armed forces, 15.24 reserve component, or national guard may obtain a hunting 15.25 license or approval authorizing hunting regardless of whether 15.26 the person is issued a firearms safety certificate. 15.27 Sec. 18. Minnesota Statutes 1998, section 97B.031, 15.28 subdivision 1, is amended to read: 15.29 Subdivision 1. [FIREARMS AND AMMUNITION THAT MAY BE USED 15.30 TO TAKE BIG GAME.] (a) A person may take big game with a firearm 15.31 only if: 15.32 (1) the rifle, shotgun, and handgun used is a caliber of at 15.33 least .23 inches; 15.34 (2) the firearm is loaded only with single projectile 15.35 ammunition; 15.36 (3) a projectile used is a caliber of at least .23 inches 16.1 and has a soft point or is an expanding bullet type; 16.2 (4) the ammunition has a case length of at least 1.285 16.3 inches; 16.4 (5) the muzzle-loader used is incapable of being loaded at 16.5 the breech; 16.6 (6) the smooth-bore muzzle-loader used is a caliber of at 16.7 least .45 inches; and 16.8 (7) the rifled muzzle-loader used is a caliber of at least 16.9 .40 inches. 16.10 (b) A person may not take big game with a .30 caliber M-1 16.11 carbine cartridge. 16.12 (c) Notwithstanding paragraph (a), clause (4), a person may 16.13 take big game with a ten millimeter cartridge that is at least 16.14 0.95 inches in length and may take big game with a .45 16.15 Winchester Magnum cartridge. 16.16 Sec. 19. Minnesota Statutes 1998, section 97B.051, is 16.17 amended to read: 16.18 97B.051 [TRANSPORTATION OF ARCHERY BOWS.] 16.19 Except as specified under section 97C.376, a person may not 16.20 transport an archery bow in a motor vehicle unless the bow is: 16.21 (1) unstrung; 16.22 (2) completely contained in a case; or 16.23 (3) in the closed trunk or rear-most enclosed portion of a 16.24 motor vehicle that is not accessible from the passenger 16.25 compartment. 16.26 Sec. 20. Minnesota Statutes 1998, section 97B.071, is 16.27 amended to read: 16.28 97B.071 [BLAZE ORANGE REQUIREMENTS.] 16.29 (a) Except as provided in rules adopted under paragraph 16.30 (c), a person may not hunt or trap during the open season where 16.31 deer may be taken by firearms under applicable laws and 16.32 ordinances, unless the visible portion of the person's cap and 16.33 outer clothing above the waist, excluding sleeves and gloves, is 16.34 blaze orange. Blaze orange includes a camouflage pattern of at 16.35 least 50 percent blaze orange within each foot square. This 16.36 section does not apply to migratory waterfowl hunters on waters 17.1 of this state or in a stationary shooting location or to 17.2 trappers on waters of this state. 17.3 (b) Except as provided in rules adopted under paragraph 17.4 (c), and in addition to the requirement in paragraph (a), a 17.5 person may not take small game other than turkey, migratory 17.6 birds, raccoons, and predators, except when hunting with 17.7 nontoxic shot or while trapping, unless a visible portion of at 17.8 least one article of the person's clothing above the waist is 17.9 blaze orange. This paragraph does not apply to a person hunting 17.10 by falconry. 17.11 (c) The commissioner may, by rule, prescribe an alternative 17.12 color in cases where paragraph (a) or (b) would violate the 17.13 Religious Freedom Restoration Act of 1993, Public Law Number 17.14 103-141. 17.15 (d) A violation of paragraph (b) shall not result in a 17.16 penalty, but is punishable only by a safety warning. 17.17 Sec. 21. [97B.1055] [HUNTING BY PERSONS WITH MENTAL 17.18 RETARDATION OR A RELATED CONDITION.] 17.19 Subdivision 1. [DEFINITIONS.] For purposes of this section 17.20 and section 97B.015, subdivision 6, "person with mental 17.21 retardation or a related condition" means a person who has been 17.22 diagnosed as having substantial limitations in present 17.23 functioning, manifested as significantly subaverage intellectual 17.24 functioning, existing concurrently with demonstrated deficits in 17.25 adaptive behavior, and who manifests these conditions before the 17.26 person's 22nd birthday. A person with a related condition means 17.27 a person who meets the diagnostic definition under section 17.28 252.27, subdivision 1a. 17.29 Subd. 2. [OBTAINING A LICENSE.] (a) Notwithstanding 17.30 section 97B.020, a person with mental retardation or a related 17.31 condition may obtain a firearms hunting license with a 17.32 provisional firearms safety certificate issued under section 17.33 97B.015, subdivision 6. 17.34 (b) Any person accompanying or assisting a person with 17.35 mental retardation or a related condition under this section 17.36 must possess a valid firearms safety certificate issued by the 18.1 commissioner. 18.2 Subd. 3. [ASSISTANCE REQUIRED.] A person who obtains a 18.3 firearms hunting license under subdivision 2 must be accompanied 18.4 and assisted by a parent, guardian, or other adult person 18.5 designated by a parent or guardian when hunting. A person who 18.6 is not hunting but is solely accompanying and assisting a person 18.7 with mental retardation or a related condition need not obtain a 18.8 hunting license. 18.9 Subd. 4. [PROHIBITED ACTIVITIES.] (a) This section does 18.10 not entitle a person to possess a firearm if the person is 18.11 otherwise prohibited from possessing a firearm under state or 18.12 federal law or a court order. 18.13 (b) No person shall knowingly authorize or permit a person, 18.14 who by reason of mental retardation or a related condition is 18.15 incapable of safely possessing a firearm, to possess a firearm 18.16 to hunt in the state or on any boundary water of the state. 18.17 Sec. 22. Minnesota Statutes 1998, section 97B.106, is 18.18 amended to read: 18.19 97B.106 [CROSSBOW PERMITS FOR HUNTING AND BOWFISHING.] 18.20 (a) The commissioner may issue a special permit, without a 18.21 fee, to take big game or turkey or to take rough fish with a 18.22 crossbow to a person that is unable to hunt by archery because 18.23 of a permanent or temporary physical disability. 18.24 (b) To qualify a person for a special permit under this 18.25 section, a temporary disability must render the person unable to 18.26 hunt or fish by archery for a minimum of two years after 18.27 application for the permit is made. The permanent or temporary 18.28 disability, established by medical evidence, and the inability 18.29 to hunt or fish by archery for the required period of time must 18.30 be verified in writing by a licensed physician.The18.31 (c) A person with a permanent physical disability verified 18.32 in writing by a licensed physician may apply for a special 18.33 permit under this section that is valid for the life of the 18.34 permit holder. 18.35 (d) A person holding a special permit under this section 18.36 must obtain the appropriate hunting license. The crossbow used 19.1 must: 19.2 (1) be fired from the shoulder; 19.3 (2) deliver at least 42 foot-pounds of energy at a distance 19.4 of ten feet; 19.5 (3) have a stock at least 30 inches long; 19.6 (4) have a working safety; and 19.7 (5) be used with arrows or bolts at least ten inches long 19.8 with a broadhead, except a tethered arrow with a barbed-fish 19.9 point must be used in taking rough fish. 19.10 Sec. 23. Minnesota Statutes 1998, section 97B.301, 19.11 subdivision 1, is amended to read: 19.12 Subdivision 1. [LICENSES REQUIRED.] A person may not take 19.13 deer without a license. A person must have a firearms deer 19.14 license or a combined firearms and archery antlered deer license 19.15 to take deer with firearms and an archery deer license or a 19.16 combined firearms and archery antlered deer license to take deer 19.17 by archery except as provided in this section. 19.18 Sec. 24. Minnesota Statutes 1998, section 97B.301, 19.19 subdivision 2, is amended to read: 19.20 Subd. 2. [LIMIT OF ONE DEER.] Except as provided in 19.21 subdivisions 3and, 4, and 7, a person may obtain one firearms 19.22 deer license and one archery deer license in the same license 19.23 year, but may take only one deer. 19.24 Sec. 25. Minnesota Statutes 1998, section 97B.301, is 19.25 amended by adding a subdivision to read: 19.26 Subd. 7. [EFFECT OF COMBINED LICENSE.] A license to take 19.27 antlered deer by firearms and by archery authorizes the taking 19.28 of one antlered deer by each method. A licensee must comply 19.29 with all laws and rules of the commissioner governing the method 19.30 used to take each deer. 19.31 Sec. 26. Minnesota Statutes 1998, section 97B.301, is 19.32 amended by adding a subdivision to read: 19.33 Subd. 8. [ALL SEASON BUCK LICENSE.] A resident may obtain 19.34 an all season buck license to take one buck by firearm or 19.35 archery during any season statewide. A person obtaining an all 19.36 season buck license does not qualify for hunting under 20.1 subdivision 3 or 4. 20.2 Sec. 27. Minnesota Statutes 1998, section 97C.001, 20.3 subdivision 1, is amended to read: 20.4 Subdivision 1. [DEFINITION; DESIGNATION.] (a) Experimental 20.5 waters are lakes and streams where special regulations are used 20.6 and evaluated to meet a specific fisheries objective. 20.7 (b) The commissioner may designate any waters of the state 20.8 having free access to the public as experimental waters. The 20.9 designated experimental waters may not exceed100200 lakes and 20.102550 streams at one time. For all experimental waters, the 20.11 commissioner shall develop an evaluation plan and specify a 20.12 termination date. On the termination date, the commissioner 20.13 shall vacate or extend the experimental waters designation, or 20.14 designate the experimental waters as special management waters 20.15 under section 97C.005. The commissioner shall by rule establish 20.16 methods and criteria for public initiation of experimental 20.17 waters designation and for public participation in the 20.18 evaluation of the waters designated. 20.19 (c) Designation of experimental waters under this section 20.20 is not subject to chapter 14. 20.21 Sec. 28. Minnesota Statutes 1998, section 97C.081, 20.22 subdivision 2, is amended to read: 20.23 Subd. 2. [CONTESTS WITHOUT A PERMIT.] A person may conduct 20.24 a fishing contestwith entry fees of $10, or less, per person20.25and total prizes valued at $2,000, or less,without a permit 20.26 from the commissioner.provided: 20.27 (1) the following criteria are met: 20.28 (i) there are 30 participants or less for open water 20.29 contests and 150 participants or less for ice fishing contests; 20.30 (ii) the entry fee is $25 per person or less; 20.31 (iii) the total prize value is $25,000 or less; and 20.32 (iv) the contest is not limited to trout species only; or 20.33 (2) the following criteria are met: 20.34 (i) the contest is not limited to specifically named 20.35 waters; and 20.36 (ii) the contest is not limited to trout species only. 21.1 Sec. 29. Minnesota Statutes 1998, section 97C.081, 21.2 subdivision 3, is amended to read: 21.3 Subd. 3. [CONTESTSAUTHORIZED BY COMMISSIONERREQUIRING A 21.4 PERMIT.]The commissioner may, by rule or permit, allow fishing21.5contests with entry fees over $10 per person or total prizes21.6valued at more than $2,000.(a) A person must have a permit 21.7 from the commissioner to conduct a fishing contest that does not 21.8 meet the criteria in subdivision 2. Permits shall be issued 21.9 without a fee. 21.10 (b) If entry fees are over $25 per person, or total prizes 21.11 are valued at more than $25,000, and if the applicant has either: 21.12 (1) not previously conducted a fishing contest requiring a 21.13 permit under this subdivision; or 21.14 (2) ever failed to make required prize awards in a fishing 21.15 contest conducted by the applicant, the commissioner may require 21.16 the applicant to furnish the commissioner evidence of financial 21.17 responsibility in the form of a surety bond or bank letter of 21.18 credit in the amount of $25,000.Permits must be issued without21.19a fee and if the commissioner does not deny the permit within 1421.20days, excluding holidays, after receipt of an application, the21.21permit is granted.21.22 Sec. 30. Minnesota Statutes 1998, section 97C.081, is 21.23 amended by adding a subdivision to read: 21.24 Subd. 6. [PERMIT APPLICATION PROCESS.] (a) Beginning 21.25 September 1 each year, the commissioner shall accept permit 21.26 applications for fishing contests to be held in the following 21.27 year. 21.28 (b) If the number of permit applications received by the 21.29 commissioner from September 1 through the last Friday in October 21.30 exceeds the limits specified in subdivisions 7 and 8, the 21.31 commissioner shall notify the affected applicants that their 21.32 requested locations and time period are subject to a drawing. 21.33 After notification, the commissioner shall allow the affected 21.34 applicants a minimum of seven days to change the location or 21.35 time period requested on their applications, provided that the 21.36 change is not to a location or time period for which 22.1 applications are already at or above the limits specified in 22.2 subdivisions 7 and 8. 22.3 (c) After the applicants have been given at least seven 22.4 days to change their applications, the commissioner shall 22.5 conduct a drawing for all locations and time periods for which 22.6 applications exceed limits. First preference in the drawings 22.7 shall be given to applicants for established or traditional 22.8 fishing contests, and the second preference to applicants for 22.9 contests that are not established as traditional fishing 22.10 contests, based on the number of times they have been 22.11 unsuccessful in previous drawings. An applicant who is 22.12 successful in a drawing loses all accumulated preference. 22.13 (d) The commissioner has until December 7 to approve or 22.14 deny permit applications that are submitted by 4:30 p.m. on the 22.15 last Friday in October. The commissioner may approve a permit 22.16 application within 28 days that is received after 4:30 p.m. on 22.17 the last Friday in October if approving the application would 22.18 not result in exceeding the limits in subdivisions 7 and 8. 22.19 Sec. 31. Minnesota Statutes 1998, section 97C.081, is 22.20 amended by adding a subdivision to read: 22.21 Subd. 7. [WEEKEND LIMITATIONS.] (a) On all waters 55,000 22.22 acres or less, the commissioner may ensure that each of the 22.23 state's waters has at least two weekends per month with no 22.24 permitted fishing contests. 22.25 (b) Unless otherwise authorized by the commissioner, 22.26 permitted fishing contests that are conducted for more than one 22.27 day may not include more than one weekend day from Memorial Day 22.28 weekend through Labor Day weekend. 22.29 (c) The commissioner may not approve permits for fishing 22.30 contests on a weekend with a fishing season opener if the 22.31 contest targets a species for which the season is opening. 22.32 Sec. 32. Minnesota Statutes 1998, section 97C.081, is 22.33 amended by adding a subdivision to read: 22.34 Subd. 8. [LIMITS ON NUMBER OF FISHING CONTESTS.] (a) The 22.35 number of permitted fishing contests allowed each month on a 22.36 water body shall not exceed the following limits: 23.1 Maximum number Maximum number Maximum number 23.2 of permitted of large of permitted 23.3 fishing permitted fishing 23.4 contests fishing contest 23.5 contests days 23.7 Size/acres 23.8 less than 23.9 2,000 2 0 4 23.10 2,000-4,999 3 1 6 23.11 5,000-14,999 4 2 8 23.12 15,000-55,000 5 3 10 23.13 more than 23.14 55,000 no limit no limit no limit 23.15 (b) For boundary waters, the limits on the number of 23.16 permitted fishing contests shall be determined based on the 23.17 Minnesota acreage. 23.18 Sec. 33. Minnesota Statutes 1998, section 97C.081, is 23.19 amended by adding a subdivision to read: 23.20 Subd. 9. [PERMIT RESTRICTIONS.] (a) The commissioner may 23.21 require fishing contest permittees to limit prefishing to week 23.22 days only as a condition of a fishing contest permit. The 23.23 commissioner may require proof from permittees that prefishing 23.24 restrictions on the permit are communicated to fishing contest 23.25 participants and enforced. 23.26 (b) The commissioner may require permit restrictions on the 23.27 hours that a permitted fishing contest is conducted, including, 23.28 but not limited to, starting and ending times. 23.29 (c) The commissioner may require permit restrictions on the 23.30 number of parking spaces that may be used on a state-owned 23.31 public water access site. The commissioner may require proof 23.32 from permittees that parking restrictions on the permit are 23.33 communicated to fishing contest participants and enforced. 23.34 (d) To prevent undue loss of fish, the commissioner may 23.35 require restrictions for off-site weigh-ins on a fishing contest 23.36 permit or may deny permits requesting an off-site weigh-in. 24.1 (e) A person may not transfer a fishing contest permit to 24.2 another person. 24.3 (f) Failure to comply with fishing contest permit 24.4 restrictions may be considered grounds for denial of future 24.5 permit applications. 24.6 Sec. 34. Minnesota Statutes 1998, section 97C.081, is 24.7 amended by adding a subdivision to read: 24.8 Subd. 10. [DEFINITIONS.] For purposes of this section, the 24.9 following terms have the meanings given: 24.10 (a) "Permitted fishing contest" means an open water fishing 24.11 contest or ice fishing contest that requires a permit from the 24.12 commissioner under subdivision 3. 24.13 (b) "Large permitted fishing contest" means an open water 24.14 fishing contest with more than 50 boats or more than 100 24.15 participants that requires a permit from the commissioner under 24.16 subdivision 3. 24.17 (c) "Permitted fishing contest day" means a day on a water 24.18 body where a permitted fishing contest is held. Two permitted 24.19 fishing contests that are held on the same water body on the 24.20 same day count as two permitted fishing contest days. 24.21 (d) "Off-site weigh-in" means a weigh-in of fish from a 24.22 fishing contest at a location that is not adjacent to the waters 24.23 listed on the fishing contest permit. 24.24 (e) "Prefishing" means fishing by participants of a 24.25 permitted fishing contest prior to the scheduled dates of the 24.26 contest on waters listed on the fishing contest permit. 24.27 Sec. 35. [97C.376] [BOWFISHING EXEMPTION.] 24.28 A person using an archery bow used exclusively to harvest 24.29 rough fish and having an attached bowfishing reel and tethered 24.30 arrow with a barbed-fish point is exempt from section 97B.051 24.31 when the bow is being used in a motorboat for the pursuit of 24.32 legal rough fish species. 24.33 Sec. 36. Laws 1993, chapter 273, section 1, as amended by 24.34 Laws 1994, chapter 623, article 1, section 41, Laws 1995, 24.35 chapter 186, section 110, and Laws 1997, chapter 226, section 24.36 45, is amended to read: 25.1 Section 1. [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN 25.2 COUNTIES.] 25.3 Notwithstanding Minnesota Statutes, section 97B.301, 25.4 subdivision 2, during the19972000 and19982001 hunting 25.5 seasons in Kittson, Lake of the Woods, Marshall, 25.6 Pennington, Polk, and Roseau counties a person may obtain one 25.7 firearms deer license and one archery deer license in the same 25.8 license year and may take one deer under each license. 25.9 Sec. 37. [APPROPRIATION.] 25.10 $25,000 is appropriated in fiscal year 2001 from the game 25.11 and fish fund to the commissioner of natural resources to 25.12 administer and market lifetime licenses. 25.13 Sec. 38. [EFFECTIVE DATE.] 25.14 Sections 5 to 8, 10 to 12, 14, and 17 are effective the day 25.15 following final enactment. The resident licenses under section 25.16 10 shall be made available by March 1, 2001, and apply to taking 25.17 game and fish for the 2001 license year. The nonresident 25.18 licenses under section 11 shall be made available by March 1, 25.19 2002, and apply to taking game and fish for the 2002 license 25.20 year. Section 9 is effective March 1, 2001.