SF 1288

  1.1                          A bill for an act 
  1.2             relating to natural resources; exempting trappers from 
  1.3             blaze orange requirements; providing that for certain 
  1.4             turkey license applicants qualifying land may be 
  1.5             noncontiguous; amending Minnesota Statutes 1998, 
  1.6             sections 97A.435, subdivision 4; and 97B.071. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 97A.435, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 
  1.11  The commissioner may conduct a separate selection for up to 20 
  1.12  percent of the turkey licenses to be issued for any area.  Only 
  1.13  persons that are owners or tenants of and that live on at least 
  1.14  40 acres of agricultural or grazing land in the area, and their 
  1.15  family members, are eligible applicants for turkey licenses for 
  1.16  the separate selection.  Persons that are unsuccessful in a 
  1.17  separate selection must be included in the selection for the 
  1.18  remaining licenses.  Persons that obtain a license in a separate 
  1.19  selection must allow public turkey hunting on their land during 
  1.20  that turkey season.  The qualifying agricultural or grazing land 
  1.21  may be noncontiguous.  
  1.22     (b) The commissioner may by rule establish criteria for 
  1.23  determining eligible family members under this subdivision. 
  1.24     Sec. 2.  Minnesota Statutes 1998, section 97B.071, is 
  1.25  amended to read: 
  1.26     97B.071 [BLAZE ORANGE REQUIREMENTS.] 
  2.1      (a) Except as provided in rules adopted under paragraph 
  2.2   (c), a person may not hunt or trap during the open season where 
  2.3   deer may be taken by firearms under applicable laws and 
  2.4   ordinances, unless the visible portion of the person's cap and 
  2.5   outer clothing above the waist, excluding sleeves and gloves, is 
  2.6   blaze orange.  Blaze orange includes a camouflage pattern of at 
  2.7   least 50 percent blaze orange within each foot square.  This 
  2.8   section does not apply to migratory waterfowl hunters on waters 
  2.9   of this state or in a stationary shooting location or to 
  2.10  trappers on waters of this state. 
  2.11     (b) Except as provided in rules adopted under paragraph 
  2.12  (c), and in addition to the requirement in paragraph (a), a 
  2.13  person may not take small game other than turkey, migratory 
  2.14  birds, raccoons, and predators, except when hunting with 
  2.15  nontoxic shot or while trapping, unless a visible portion of at 
  2.16  least one article of the person's clothing above the waist is 
  2.17  blaze orange.  This paragraph does not apply to a person hunting 
  2.18  by falconry.  
  2.19     (c) The commissioner may, by rule, prescribe an alternative 
  2.20  color in cases where paragraph (a) or (b) would violate the 
  2.21  Religious Freedom Restoration Act of 1993, Public Law Number 
  2.22  103-141. 
  2.23     (d) A violation of paragraph (b) shall not result in a 
  2.24  penalty, but is punishable only by a safety warning.