Minnesota Legislature
HF 847
3rd Engrossment - 84th Legislature (2005 - 2006) 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; modifying certain 1.3 definitions; providing for special fish management 1.4 tags; specifying status of stands and blinds on public 1.5 lands; modifying authority to take animals causing 1.6 damage; modifying use of scopes and laser sights by 1.7 visually impaired hunters; modifying certain license 1.8 requirements; modifying restrictions on taking 1.9 waterfowl and big game; authorizing rulemaking; 1.10 modifying requirements for field training hunting 1.11 dogs; modifying certain seasons; modifying trapping 1.12 provisions; modifying period for treeing raccoons; 1.13 modifying restrictions on decoys; modifying 1.14 disposition of state hatchery products; permitting use 1.15 of silencers for wildlife control; modifying fishing 1.16 and commercial fishing provisions; repealing authority 1.17 for the Mississippi River Fish Refuge; repealing 1.18 authority to issue certain orders; amending Minnesota 1.19 Statutes 2004, sections 84.027, subdivision 13; 1.20 97A.015, subdivisions 29, 49; 97A.045, subdivision 1; 1.21 97A.401, subdivision 5; 97A.405, subdivision 4, by 1.22 adding a subdivision; 97A.435, subdivisions 2, 4; 1.23 97A.441, subdivision 7; 97A.451, subdivisions 3, 5; 1.24 97A.475, subdivision 7; 97A.551, by adding a 1.25 subdivision; 97B.005, subdivisions 1, 3; 97B.025; 1.26 97B.031, subdivisions 1, 5; 97B.111, subdivision 2; 1.27 97B.621, subdivision 2; 97B.655, subdivision 2; 1.28 97B.711, subdivision 1; 97B.803; 97B.805, subdivision 1.29 1; 97B.811, subdivisions 3, 4a; 97C.203; 97C.327; 1.30 97C.395, subdivision 1; 97C.401, subdivision 2; 1.31 97C.825, subdivision 5; 609.66, subdivisions 1h, 2; 1.32 proposing coding for new law in Minnesota Statutes, 1.33 chapter 97B; repealing Minnesota Statutes 2004, 1.34 sections 88.27; 97B.005, subdivision 4; 97B.935; 1.35 97C.015; 97C.403; 97C.825, subdivisions 6, 7, 8, 9. 1.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.37 Section 1. Minnesota Statutes 2004, section 84.027, 1.38 subdivision 13, is amended to read: 1.39 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 1.40 natural resources may adopt rules under sections 97A.0451 to 2.1 97A.0459 and this subdivision that are authorized under: 2.2 (1) chapters 97A, 97B, and 97C to set open seasons and 2.3 areas, to close seasons and areas, to select hunters for areas, 2.4 to provide for tagging and registration of game and fish, to 2.5 prohibit or allow taking of wild animals to protect a species, 2.6 to prevent or control wildlife disease, and to prohibit or allow 2.7 importation, transportation, or possession of a wild animal; 2.8 (2) sections 84.093, 84.15, and 84.152 to set seasons for 2.9 harvesting wild ginseng roots and wild rice and to restrict or 2.10 prohibit harvesting in designated areas; and 2.11 (3) section 84D.12 to designate prohibited invasive 2.12 species, regulated invasive species, unregulated nonnative 2.13 species, and infested waters. 2.14 (b) If conditions exist that do not allow the commissioner 2.15 to comply with sections 97A.0451 to 97A.0459, the commissioner 2.16 may adopt a rule under this subdivision by submitting the rule 2.17 to the attorney general for review under section 97A.0455, 2.18 publishing a notice in the State Register and filing the rule 2.19 with the secretary of state and the Legislative Coordinating 2.20 Commission, and complying with section 97A.0459, and including a 2.21 statement of the emergency conditions and a copy of the rule in 2.22 the notice. The notice may be published after it is received 2.23 from the attorney general or five business days after it is 2.24 submitted to the attorney general, whichever is earlier. 2.25 (c) Rules adopted under paragraph (b) are effective upon 2.26 publishing in the State Register and may be effective up to 2.27 seven days before publishing and filing under paragraph (b), if: 2.28 (1) the commissioner of natural resources determines that 2.29 an emergency exists; 2.30 (2) the attorney general approves the rule; and 2.31 (3) for a rule that affects more than three counties the 2.32 commissioner publishes the rule once in a legal newspaper 2.33 published in Minneapolis, St. Paul, and Duluth, or for a rule 2.34 that affects three or fewer counties the commissioner publishes 2.35 the rule once in a legal newspaper in each of the affected 2.36 counties. 3.1 (d) Except as provided in paragraph (e), a rule published 3.2 under paragraph (c), clause (3), may not be effective earlier 3.3 than seven days after publication. 3.4 (e) A rule published under paragraph (c), clause (3), may 3.5 be effective the day the rule is published if the commissioner 3.6 gives notice and holds a public hearing on the rule within 15 3.7 days before publication. 3.8 (f) The commissioner shall attempt to notify persons or 3.9 groups of persons affected by rules adopted under paragraphs (b) 3.10 and (c) by public announcements, posting, and other appropriate 3.11 means as determined by the commissioner. 3.12 (g) Notwithstanding section 97A.0458, a rule adopted under 3.13 this subdivision is effective for the period stated in the 3.14 notice but not longer than 18 months after the rule is adopted. 3.15 Sec. 2. Minnesota Statutes 2004, section 97A.015, 3.16 subdivision 29, is amended to read: 3.17 Subd. 29. [MINNOWS.] "Minnows" means: (1) members of the 3.18 minnow family, Cyprinidae, except carp and goldfish; (2) members 3.19 of the mudminnow family, Umbridae; (3) members of the sucker 3.20 family, Catostomidae, not over 12 inches in length; (4) 3.21 bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not 3.22 over seven inches long;and(5) leeches; and (6) tadpole madtoms 3.23 (willow cats) and stonecats. 3.24 [EFFECTIVE DATE.] This section is effective the day 3.25 following final enactment. 3.26 Sec. 3. Minnesota Statutes 2004, section 97A.015, 3.27 subdivision 49, is amended to read: 3.28 Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means: 3.29 (1) a bird, excluding migratory waterfowl, pheasant, 3.30 Hungarian partridge, turkey, or grouse, with feet and feathered 3.31 head intact; 3.32 (2) a migratory waterfowl, excluding geese, with a fully 3.33 feathered wing and head attached; 3.34 (3) a pheasant, Hungarian partridge, turkey, or grouse with 3.35 one leg and foot or the fully feathered head or wing intact; or 3.36 (4) a goose with a fully feathered wing attached. 4.1 Sec. 4. Minnesota Statutes 2004, section 97A.045, 4.2 subdivision 1, is amended to read: 4.3 Subdivision 1. [DUTIES; GENERALLY.] The commissioner shall 4.4 do all things the commissioner determines are necessary to 4.5 preserve, protect, and propagate desirable species of wild 4.6 animals. The commissioner shall make special provisions for the 4.7 management of fish and wildlife to ensure recreational 4.8 opportunities for anglers and hunters. The commissioner shall 4.9 acquire wild animals for breeding or stocking and may dispose of 4.10 or destroy undesirable or predatory wild animals and their dens, 4.11 nests, houses, or dams. 4.12 Sec. 5. Minnesota Statutes 2004, section 97A.401, 4.13 subdivision 5, is amended to read: 4.14 Subd. 5. [WILD ANIMALS DAMAGING PROPERTY.] Special permits 4.15 may be issued with or without a fee to take protected wild 4.16 animals that are damaging property or to remove or destroy their 4.17 dens, nests, houses, or dams. A special permit issued under 4.18 this subdivision to take beaver must state the number to be 4.19 taken. 4.20 Sec. 6. Minnesota Statutes 2004, section 97A.405, 4.21 subdivision 4, is amended to read: 4.22 Subd. 4. [REPLACEMENT LICENSES.] (a) The commissioner may 4.23 permit licensedfirearmsdeer hunters to change zone, license, 4.24 or season optionsbefore the regular firearms deer season4.25begins. The commissioner may issue a replacement license if the 4.26 applicant submits the originalfirearmsdeer license and unused 4.27 tags thatisare being replaced and the applicant pays any 4.28 increase in cost between the original and the replacement 4.29 license. When a person submits both an archery and a firearms 4.30 license for replacement, the commissioner may apply the value of 4.31 both licenses towards the replacement license fee. 4.32 (b) A replacement license may be issued only if the 4.33 applicant has not used any tag from the original license and 4.34 meets the conditions of paragraph (c). The original license and 4.35 all unused tags for that license must be submitted to the 4.36 issuing agent at the time the replacement license is issued. 5.1 (c) A replacement license may be issued under the following 5.2 conditions, or as otherwise prescribed by rule of the 5.3 commissioner: 5.4 (1) when the season for the license being surrendered has 5.5 not yet opened; or 5.6 (2) when the person is upgrading from a regular firearms or 5.7 archery deer license to a deer license that is valid in multiple 5.8 zones. 5.9 (d) Notwithstanding section 97A.411, subdivision 3, a 5.10 replacement license is valid immediately upon issuance if the 5.11 license being surrendered is valid at that time. 5.12 Sec. 7. Minnesota Statutes 2004, section 97A.405, is 5.13 amended by adding a subdivision to read: 5.14 Subd. 5. [RESIDENT LICENSES.] To obtain a resident 5.15 license, a resident 21 years of age or older must: 5.16 (1) possess a current Minnesota driver's license; 5.17 (2) possess a current identification card issued by the 5.18 commissioner of public safety; or 5.19 (3) present evidence showing proof of residency in cases 5.20 when clause (1) or (2) would violate the Religious Freedom 5.21 Restoration Act of 1993, Public Law 103-141. 5.22 Sec. 8. Minnesota Statutes 2004, section 97A.435, 5.23 subdivision 2, is amended to read: 5.24 Subd. 2. [ELIGIBILITY.] Persons eligible for a turkey 5.25 license shall be determined by this section and commissioner's 5.26 rule. A person is eligible for a turkey license only if the 5.27 person is at least age 16 before the season opensor, possesses 5.28 a firearms safety certificate, or, if under age 12, is 5.29 accompanied by a parent or guardian. Persons under age 12 must 5.30 be within arm's reach of their parent or guardian while hunting. 5.31 Sec. 9. Minnesota Statutes 2004, section 97A.435, 5.32 subdivision 4, is amended to read: 5.33 Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a) 5.34 The commissioner may conduct a separate selection for up to 20 5.35 percent of the turkey licenses to be issued for any area. Only 5.36personsMinnesota residents who are owners or tenants ofand who6.1live onat least 40 acres of land in the area, and their family 6.2 members, are eligible applicants for turkey licenses for the 6.3 separate selection. The qualifying land may be noncontiguous. 6.4 Persons who are unsuccessful in a separate selection must be 6.5 included in the selection for the remaining licenses. Persons 6.6 who obtain a license in a separate selection must allow public 6.7 turkey hunting on their land during that turkey season. A 6.8 license issued under this subdivision is restricted tothe land6.9owned or leased by the holder of the license withinthe permit 6.10 area where the qualifying land is located. 6.11 (b) The commissioner may by rule establish criteria for 6.12 determining eligible family members under this subdivision. 6.13 Sec. 10. Minnesota Statutes 2004, section 97A.441, 6.14 subdivision 7, is amended to read: 6.15 Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 6.16 commissioner may issue, without a fee, a license to take an 6.17 antlerless deer to apersonMinnesota resident who is an owner 6.18 or tenant of and isliving andactively farming on at least 80 6.19 acres of agricultural land, as defined in section 97B.001, in 6.20 deer permit areas that have deer archery licenses to take 6.21 additional deer under section 97B.301, subdivision 4. A person 6.22 may receive only one license per year under this subdivision. 6.23 For properties with co-owners or cotenants, only one co-owner or 6.24 cotenant may receive a license under this subdivision per year. 6.25 The license issued under this subdivision is restricted tothe6.26 landowned orleased for agricultural purposes or owned by the 6.27 holder of the license within the permit area where the 6.28 qualifying land is located. The holder of the license may 6.29 transfer the license to the holder's spouse or dependent. 6.30 Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 6.31 subdivision 2, the holder of the license may purchase an 6.32 additional license for taking deer and may take an additional 6.33 deer under that license. 6.34 (b) A person who obtains a license under paragraph (a) must 6.35 allow public deer hunting on their land during that deer hunting 6.36 season, with the exception of the first Saturday and Sunday 7.1 during the deer hunting season applicable to the license issued 7.2 under section 97A.475, subdivision 2, clauses (4) and (13). 7.3 Sec. 11. Minnesota Statutes 2004, section 97A.451, 7.4 subdivision 3, is amended to read: 7.5 Subd. 3. [RESIDENTS UNDER AGE 16; SMALL GAME.] (a) A 7.6 resident under age 16 may not obtain a small game license but 7.7 may take small game by firearms or bow and arrow without a 7.8 license if the resident is: 7.9 (1) age 14 or 15 and possesses a firearms safety 7.10 certificate; 7.11 (2) age 13, possesses a firearms safety certificate, and is 7.12 accompanied by a parent or guardian; or 7.13 (3) age 12 or under and is accompanied by a parent or 7.14 guardian. 7.15 (b) A resident under age 16 may take small game by trapping 7.16 without a small game license, but a resident 13 years of age or 7.17 older must have a trapping license. A resident under age 13 may 7.18 trap without a trapping license, but may not trap fisher, otter, 7.19 bobcat, or pine marten unless the resident is at least age 8. 7.20 (c) A resident under age 12 may apply for a turkey license 7.21 and may take a turkey without a firearms safety certificate if 7.22 they are supervised by an adult parent or guardian who has a 7.23 firearms safety certificate and who is within arm's reach at all 7.24 times while hunting. 7.25 Sec. 12. Minnesota Statutes 2004, section 97A.451, 7.26 subdivision 5, is amended to read: 7.27 Subd. 5. [NONRESIDENTS UNDER AGE 16.] (a) A nonresident 7.28 under the age of 16 may take fish by angling without a license 7.29 if accompanied by a parent or guardian who has a fishing license. 7.30Fish taken by a nonresident under the age of 16 without a7.31license must be included in the limit of the parent or guardian.7.32 (b) A nonresident under age 16 may purchase a nonresident 7.33 fishing license, take fish by angling, and possess a limit of 7.34 fish. 7.35 [EFFECTIVE DATE.] This section is effective March 1, 2006. 7.36 Sec. 13. Minnesota Statutes 2004, section 97A.475, 8.1 subdivision 7, is amended to read: 8.2 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 8.3 licenses, to be issued to nonresidents, are: 8.4 (1) to take fish by angling, $34; 8.5 (2) to take fish by angling limited to seven consecutive 8.6 days selected by the licensee, $24; 8.7 (3) to take fish by angling for a 72-hour period selected 8.8 by the licensee, $20; 8.9 (4) to take fish by angling for a combined license for a 8.10familymarried couple, $46; 8.11 (5) to take fish by angling for a 24-hour period selected 8.12 by the licensee, $8.50; and 8.13 (6) to take fish by angling for a combined license for a 8.14 married couple, limited to 14 consecutive days selected by one 8.15 of the licensees, $35. 8.16 [EFFECTIVE DATE.] This section is effective March 1, 2006. 8.17 Sec. 14. Minnesota Statutes 2004, section 97A.551, is 8.18 amended by adding a subdivision to read: 8.19 Subd. 6. [TAGGING AND REGISTRATION.] The commissioner may, 8.20 by rule, require persons taking, possessing, and transporting 8.21 certain species of fish to tag the fish with a special fish 8.22 management tag and may require registration of tagged fish. A 8.23 person may not possess or transport a fish species taken in the 8.24 state for which a special fish management tag is required unless 8.25 a tag is attached to the fish in a manner prescribed by the 8.26 commissioner. The commissioner shall prescribe the manner of 8.27 issuance and the type of tag as authorized under section 8.28 97C.087. The tag must be attached to the fish as prescribed by 8.29 the commissioner immediately upon reducing the fish to 8.30 possession and must remain attached to the fish until the fish 8.31 is processed or consumed. Species for which a special fish 8.32 management tag is required must be transported undressed. 8.33 Sec. 15. Minnesota Statutes 2004, section 97B.005, 8.34 subdivision 1, is amended to read: 8.35 Subdivision 1. [FIELD TRAINING; PERMIT REQUIRED FOR8.36CERTAIN PERIOD.] A person may not train hunting dogs afield on 9.1 public lands from April 16 to July 14except by special permit.9.2The commissioner may issue a special permit, without a fee, to9.3train hunting dogs afield on land owned by the trainer or on9.4land that the owner provides written permission. The written9.5permission must be carried in personal possession of the trainer9.6while training the dogs. 9.7 Sec. 16. Minnesota Statutes 2004, section 97B.005, 9.8 subdivision 3, is amended to read: 9.9 Subd. 3. [PERMITS FOR ORGANIZATIONS AND INDIVIDUALS TO USE 9.10 GAME BIRDS AND FIREARMS.] (a) The commissioner may issue special 9.11 permits, without a fee,to organizations and individualsto use 9.12 firearms and live ammunition on domesticated birds or banded 9.13 game birds from game farms. 9.14 (b) Permits for holding field trialsandmay be issued to 9.15 organizations. The permit shall specify the dates and locations 9.16 of the field trial. The commissioner may limit the number of 9.17 dates approved for any organization. 9.18 (c) Permits for training hunting dogs may be issued to an 9.19 individual. 9.20 (d) Domesticated birds, other than pigeons, and game farm 9.21 birds used for trials or training under this section must be 9.22 clearly marked with dye or a streamer attached to a leg in a 9.23 manner that makes them visually identifiable prior to being 9.24 taken. 9.25 Sec. 17. Minnesota Statutes 2004, section 97B.025, is 9.26 amended to read: 9.27 97B.025 [HUNTER AND TRAPPER EDUCATION.] 9.28 (a) The commissioner may establish education courses for 9.29 huntersand trappers. The commissioner shall collect a fee from 9.30 each person attending a course. A fee shall be collected for 9.31 issuing a duplicate certificate. The commissioner shall 9.32 establish the fees in a manner that neither significantly 9.33 overrecovers nor underrecovers costs, including overhead costs, 9.34 involved in providing the services. The fees are not subject to 9.35 the rulemaking provisions of chapter 14 and section 14.386 does 9.36 not apply. The commissioner may establish the fees 10.1 notwithstanding section 16A.1283. The fees shall be deposited 10.2 in the game and fish fund and the amount thereof is appropriated 10.3 annually to the Enforcement Division of the Department of 10.4 Natural Resources for the administration of the program. In 10.5 addition to the fee established by the commissioner for each 10.6 course, instructors may charge each person up to the established 10.7 fee amount for class materials and expenses. School districts 10.8 may cooperate with the commissioner and volunteer instructors to 10.9 provide space for the classroom portion of the training. 10.10 (b) The commissioner shall enter into an agreement with a 10.11 statewide nonprofit trappers association to conduct a trapper 10.12 education program. At a minimum, the program must include at 10.13 least six hours of classroom or correspondence instruction and 10.14 in the field training. The program must include a review of 10.15 state trapping laws and regulations, trapping ethics, the 10.16 setting and tending of traps and snares, tagging and 10.17 registration requirements, and the preparation of pelts. The 10.18 association shall issue a certificate to persons who complete 10.19 the program. The association shall be responsible for all costs 10.20 of conducting the education program, and shall not charge any 10.21 fee for attending the course. 10.22 Sec. 18. [97B.026] [TRAPPER EDUCATION CERTIFICATE 10.23 REQUIREMENT.] 10.24 A person born after December 31, 1989, and who has not had 10.25 a trapping license in a previous year may not obtain a trapping 10.26 license unless the person has been issued a trapper education 10.27 certificate under section 97B.025, paragraph (b). 10.28 [EFFECTIVE DATE.] This section is effective March 1, 2006. 10.29 Sec. 19. Minnesota Statutes 2004, section 97B.031, 10.30 subdivision 1, is amended to read: 10.31 Subdivision 1. [FIREARMS AND AMMUNITION THAT MAY BE USED 10.32 TO TAKE BIG GAME.] (a) A person may take big game with a firearm 10.33 only if: 10.34 (1) the rifle, shotgun, and handgun used is a caliber of at 10.35 least .23 inches; 10.36 (2) the firearm is loaded only with single projectile 11.1 ammunition; 11.2 (3) a projectile used is a caliber of at least .23 inches 11.3 and has a soft point or is an expanding bullet type; 11.4 (4) the ammunition has a case length of at least 1.285 11.5 inches; 11.6 (5) the muzzle-loader used is incapable of being loaded at 11.7 the breech; 11.8 (6) the smooth-bore muzzle-loader used is a caliber of at 11.9 least .45 inches; and 11.10 (7) the rifled muzzle-loader used is a caliber of at least 11.11 .40 inches. 11.12 (b)A person may not take big game with a .30 caliber M-111.13carbine cartridge.11.14(c)Notwithstanding paragraph (a), clause (4), a person may 11.15 take big game with a ten millimeter cartridge that is at least 11.16 0.95 inches in length, a .45 Winchester Magnum cartridge, or a 11.17 .50 A. E. (Action Express) handgun cartridge. 11.18 Sec. 20. Minnesota Statutes 2004, section 97B.031, 11.19 subdivision 5, is amended to read: 11.20 Subd. 5. [SCOPES; VISUALLY IMPAIRED HUNTERS.] (a) 11.21 Notwithstanding any other law to the contrary, the commissioner 11.22 may issue a special permit, without a fee, to use a muzzleloader 11.23 with a scope to take deer during the muzzleloader season to a 11.24 person who obtains the required licenses and who has a visual 11.25 impairment. The scope may not have magnification capabilities. 11.26 (b) The visual impairment must be such that the applicant 11.27 is unable to identify targets and the rifle sights at the same 11.28 time without a scope. The visual impairment and specific 11.29 conditions must be established by medical evidence verified in 11.30 writing by a licensed physician, ophthalmologist, or 11.31 optometrist. The commissioner may request additional 11.32 information from the physician if needed to verify the 11.33 applicant's eligibility for the permit.Notwithstanding section11.3497A.418, the commissioner may, in consultation with appropriate11.35advocacy groups, establish reasonable minimum standards for11.36permits to be issued under this subdivision.12.1 (c) A permit issued under this subdivision may be valid for 12.2 up to five years, based on the permanence of the visual 12.3 impairment as determined by the licensed physician, 12.4 ophthalmologist, or optometrist. 12.5 (d) The permit must be in the immediate possession of the 12.6 permittee when hunting under the special permit. 12.7 (e) The commissioner may deny, modify, suspend, or revoke a 12.8 permit issued under this subdivision for cause, including a 12.9 violation of the game and fish laws or rules. 12.10(e)(f) A person who knowingly makes a false application or 12.11 assists another in making a false application for a permit under 12.12 this subdivision is guilty of a misdemeanor. A physician, 12.13 ophthalmologist, or optometrist who fraudulently certifies to 12.14 the commissioner that a person is visually impaired as described 12.15 in this subdivision is guilty of a misdemeanor. 12.16 Sec. 21. Minnesota Statutes 2004, section 97B.111, 12.17 subdivision 2, is amended to read: 12.18 Subd. 2. [PERMIT FOR ORGANIZATION.] (a) The commissioner 12.19 may issue a special permit without a fee to a nonprofit 12.20 organization to provide an assisted hunting opportunity to 12.21 physically disabled hunters. The assisted hunting opportunity 12.22 may take place: 12.23 (1) in areas designated by the commissioner under 12.24 subdivision 1; or 12.25 (2) on private property or a licensed shooting preserve. 12.26 (b) The sponsoring organization shall provide a physically 12.27 capable person to assist each disabled hunter with 12.28 safety-related aspects of hunting and, notwithstanding section 12.29 97B.081, a person with a physical disability who is totally 12.30 blind may use laser sights. 12.31 (c) The commissioner may impose reasonable permit 12.32 conditions. 12.33 Sec. 22. [97B.326] [STANDS AND BLINDS ON PUBLIC LANDS.] 12.34 Any unoccupied permanent stand or blind on public land is 12.35 public and not the property of the person who constructed it. 12.36 Sec. 23. Minnesota Statutes 2004, section 97B.621, 13.1 subdivision 2, is amended to read: 13.2 Subd. 2. [PERIOD FOR TREEING RACCOONS.] Notwithstanding 13.3 subdivision 1 and section 97B.005, subdivision 1, a person may 13.4 use dogs to pursue and tree raccoons without killing or 13.5 capturing the raccoons:13.6(1) from January 1 to April 15 and from July 15 to October13.714; and13.8(2) from April 16 to July 14 in raccoon dog field trials13.9under special permit issued by the commissioner under section13.1097B.005, subdivision 1during the closed season and a license is 13.11 not required. 13.12 Sec. 24. Minnesota Statutes 2004, section 97B.655, 13.13 subdivision 2, is amended to read: 13.14 Subd. 2. [SPECIAL PERMIT FOR TAKING PROTECTED WILD 13.15 ANIMALS.] The commissioner may issue special permits under 13.16 section 97A.401, subdivision 5, to take protected wild animals 13.17 that are damaging property or to remove or destroy their dens, 13.18 nests, houses, or dams. 13.19 Sec. 25. Minnesota Statutes 2004, section 97B.711, 13.20 subdivision 1, is amended to read: 13.21 Subdivision 1. [SEASONS FOR CERTAIN UPLAND GAME BIRDS.] 13.22 (a) The commissioner may, by rule, prescribe an open season in 13.23 designated areas between September 16 and December 31 for: 13.24 (1)pheasant;13.25(2)ruffed grouse; 13.26(3)(2) sharp tailed grouse; 13.27(4)(3) Canada spruce grouse; 13.28(5)(4) prairie chicken; 13.29(6)(5) gray partridge; 13.30(7)(6) bob-white quail; and 13.31(8)(7) turkey. 13.32 (b) The commissioner may by rule prescribe an open season 13.33 for turkey in the spring. 13.34 (c) The commissioner may, by rule, prescribe an open season 13.35 for pheasant in designated areas between September 16 and 13.36 January 3. 14.1 Sec. 26. Minnesota Statutes 2004, section 97B.803, is 14.2 amended to read: 14.3 97B.803 [MIGRATORY WATERFOWL SEASONS AND LIMITS.] 14.4 (a) The commissioner shall prescribe seasons, limits, and 14.5 areas for taking migratory waterfowl in accordance with federal 14.6 law. 14.7 (b) The regular duck season may not open before the 14.8 Saturday closest to October 1. 14.9 Sec. 27. Minnesota Statutes 2004, section 97B.805, 14.10 subdivision 1, is amended to read: 14.11 Subdivision 1. [HUNTER MUST BE CONCEALED.] (a) A person 14.12 may not take migratory waterfowl, coots, or rails in open water 14.13 unless the person is: 14.14 (1) within a natural growth of vegetation sufficient to 14.15 partially conceal the person or boat;or14.16 (2) on a river or stream that is not more than 100 yards in 14.17 width; or 14.18 (3) pursuing or shooting wounded birds. 14.19 (b) A person may not take migratory waterfowl, coots, or 14.20 rails in public waters from a permanent artificial blind or sink 14.21 box. 14.22 Sec. 28. Minnesota Statutes 2004, section 97B.811, 14.23 subdivision 3, is amended to read: 14.24 Subd. 3. [RESTRICTIONS ON LEAVING DECOYS 14.25OVERNIGHTUNATTENDED.] During the open season for waterfowl, a 14.26 person may not leave decoys in public waters between sunset and 14.27 one hour before lawful shooting hours or leave decoys unattended 14.28 during other times for more than two consecutive hours unless: 14.29 (1) the decoys are in waters adjacent to private land under 14.30 the control of the hunter; and 14.31 (2) there is not natural vegetation growing in water 14.32 sufficient to partially conceal a hunter. 14.33 Sec. 29. Minnesota Statutes 2004, section 97B.811, 14.34 subdivision 4a, is amended to read: 14.35 Subd. 4a. [RESTRICTIONS ON CERTAINMOTORIZEDDECOYS.]From14.36the opening day of the duck season through the Saturday nearest15.1October 8,For the purposes of this section, "spinning or 15.2 flapping wing decoy" means a motorized, mechanically operated, 15.3 wind-powered, or manually powered spinning or flapping blade 15.4 device that simulates wing movement. A person may not use a 15.5motorized decoy on public waters with visible, moving parts that15.6are above the water surfacespinning or flapping wing decoy to 15.7 take or attempt to take migratory waterfowl, other than geese. 15.8 Sec. 30. Minnesota Statutes 2004, section 97C.203, is 15.9 amended to read: 15.10 97C.203 [DISPOSAL OF STATE HATCHERYEGGS OR FRYPRODUCTS.] 15.11 The commissioner shall dispose ofgame fish eggs and fry15.12 fish hatchery products according to the following order of 15.13 priorities: 15.14 (1) distribution of fish eggs and fry to state hatcheries 15.15 to hatch fry or raise fingerlings for stocking waters of the 15.16 state for recreational fishing; 15.17 (2) transfer to other government agencies in exchange for 15.18 fish or wildlife resources of equal value or private fish 15.19 hatcheries in exchange for fish to be stocked in waters of the 15.20 state for recreational fishing; 15.21 (3) saleof fish eggs and fryto private fish hatcheries or 15.22 licensed aquatic farms at a price not less than the fair 15.23 wholesale market value, established as the average price charged 15.24 at the state's private hatcheries and contiguous states per 15.25 volume rates;and15.26 (4) transfer to other government agencies, colleges, or 15.27 universities for cooperative fish management and research 15.28 purposes; and 15.29 (5) sale of not more than $25 fair market value to any 15.30 school, museum, or commercial enterprise for curriculum 15.31 implementation, educational programs, public exhibition, or 15.32 cooperative displays. 15.33 [EFFECTIVE DATE.] This section is effective the day 15.34 following final enactment. 15.35 Sec. 31. Minnesota Statutes 2004, section 97C.327, is 15.36 amended to read: 16.1 97C.327 [MEASUREMENT OF FISH LENGTH.] 16.2 For the purpose of determining compliance with size limits 16.3 for fish in this chapter or in rules of the commissioner, the 16.4 length of a fish must be measured from the tip of the nose or 16.5 jaw, whichever is longer, to the farthest tip of the tail when 16.6 fully extended. 16.7 Sec. 32. Minnesota Statutes 2004, section 97C.395, 16.8 subdivision 1, is amended to read: 16.9 Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open 16.10 seasons to take fish by angling are as follows: 16.11 (1) for walleye, sauger, northern pike, muskellunge, 16.12 largemouth bass, and smallmouth bass, the Saturday two weeks 16.13 prior to the Saturday of Memorial Day weekend to thethirdlast 16.14 Sunday in February; 16.15 (2) for lake trout, from January 1 to October 31; 16.16 (3) for brown trout, brook trout, rainbow trout, and 16.17 splake, between January 1 to October 31 as prescribed by the 16.18 commissioner by rule except as provided in section 97C.415, 16.19 subdivision 2; and 16.20 (4) for salmon, as prescribed by the commissioner by rule. 16.21 (b) The commissioner shall close the season in areas of the 16.22 state where fish are spawning and closing the season will 16.23 protect the resource. 16.24 Sec. 33. Minnesota Statutes 2004, section 97C.401, 16.25 subdivision 2, is amended to read: 16.26 Subd. 2. [WALLEYE; NORTHERN PIKE.] (a) Except as provided 16.27 inparagraphsparagraph (b)and (c), a person may take no more 16.28 than one walleye larger than2420 inches and one northern pike 16.29 larger than 30 inches daily. 16.30 (b) The restrictions in paragraph (a) do not apply to 16.31 boundary waters. 16.32(c) On Lake of the Woods, a person may take no more than16.33one walleye larger than 19.5 inches and one northern pike larger16.34than 36 inches daily.16.35 [EFFECTIVE DATE.] This section is effective March 1, 2006. 16.36 Sec. 34. Minnesota Statutes 2004, section 97C.825, 17.1 subdivision 5, is amended to read: 17.2 Subd. 5. [NET LIMITS FOR LAKE OF THE WOODS AND RAINY 17.3 LAKE.] (a) The maximum amount of nets permitted to be licensed 17.4 shall be: 17.5(a)(1) in Lake of the Woods, 50-pound nets,80,000 feet of17.6gill nets or160 submerged trap nets, and 80 fyke or staked trap 17.7 nets. Licenses for submerged trap nets may be issued instead of17.8licenses for gill nets in the ratio of not more than one17.9submerged trap net per 500 feet of gill net, and the maximum17.10permissible amount of gill nets shall be reduced by 500 feet for17.11each submerged trap net licensed.; and 17.12(b)(2) in Rainy Lake, 20-pound netsand 20,000 feet of17.13gill nets. 17.14(c) When a licensee has had a license revoked or17.15surrendered, the commissioner shall not be required to issue17.16licenses for the amount of netting previously authorized under17.17the revoked or surrendered license.17.18(d)(b) Commercial fishing may be prohibited in the 17.19 Minnesota portions of international waters when it is prohibited 17.20 in the international waters by Canadian authorities. 17.21(e) The commissioner may adopt rules to limit the total17.22amount of game fish taken by commercial fishing operators in17.23Lake of the Woods in any one season and shall apportion the17.24amount to each licensee in accordance with the number and length17.25of nets licensed.17.26 Sec. 35. Minnesota Statutes 2004, section 609.66, 17.27 subdivision 1h, is amended to read: 17.28 Subd. 1h. [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT AND 17.29 NATURAL RESOURCE WILDLIFE CONTROL PURPOSES.] Notwithstanding 17.30 subdivision 1a, paragraph (a), clause (1), licensed peace 17.31 officers may use devices designed to silence or muffle the 17.32 discharge of a firearm for wildlife control operations under 17.33 subdivision 2 or for tactical emergency response operations. 17.34 Tactical emergency response operations include execution of high 17.35 risk search and arrest warrants, incidents of terrorism, hostage 17.36 rescue, and any other tactical deployments involving high risk 18.1 circumstances. The chief law enforcement officer of a law 18.2 enforcement agency that has the need to use silencing devices 18.3 must establish and enforce a written policy governing the use of 18.4 the devices. 18.5 Sec. 36. Minnesota Statutes 2004, section 609.66, 18.6 subdivision 2, is amended to read: 18.7 Subd. 2. [EXCEPTIONS.] Nothing in this section prohibits: 18.8 (1) the possession of the articles mentioned by museums or 18.9 collectors of art or for other lawful purposes of public 18.10 exhibition; and 18.11 (2) the possession, use, and transportation of a silencer 18.12 by a federal, state, local, or tribal government agency for the 18.13 purpose of wildlife control. The chief enforcement officer of 18.14 each government agency that has a need to use silencing devices 18.15 must establish and enforce a written policy governing the use of 18.16 the devices. 18.17 Sec. 37. [CONFORMING CHANGES; RULES.] 18.18 The commissioner may use the good cause exemption under 18.19 Minnesota Statutes, section 14.388, subdivision 1, clause (3), 18.20 to amend rules to conform to sections 31 and 32. Minnesota 18.21 Statutes, section 14.386, does not apply to the rulemaking under 18.22 this section except to the extent provided under Minnesota 18.23 Statutes, section 14.388. 18.24 Sec. 38. [REPEALER.] 18.25 Minnesota Statutes 2004, sections 88.27; 97B.005, 18.26 subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825, 18.27 subdivisions 6, 7, 8, and 9, are repealed.