Minnesota Legislature
SF 789
1st 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 natural resources; modifying game and fish 1.3 law provisions; modifying authority to take animals 1.4 causing damage; modifying the use of scopes by 1.5 visually impaired hunters; modifying certain license 1.6 requirements; providing for fishing restrictions on 1.7 residents from certain states; establishing a boat 1.8 access fee for residents of certain states; providing 1.9 for trapper education requirements; providing 1.10 preference for military members who were on active 1.11 service; prohibiting computer-assisted remote hunting; 1.12 eliminating the permit requirement to take lynx, 1.13 bobcat, and fox with a snare; modifying certain 1.14 seasons; modifying restrictions on taking waterfowl; 1.15 authorizing rulemaking; modifying requirements for 1.16 field training hunting dogs; modifying trapping 1.17 provisions; modifying restrictions on decoys; 1.18 modifying disposition of state hatchery products; 1.19 modifying fishing and commercial fishing provisions; 1.20 repealing authority for the Mississippi River Fish 1.21 Refuge; repealing authority to issue certain orders; 1.22 amending Minnesota Statutes 2004, sections 84.027, 1.23 subdivision 13; 97A.015, subdivisions 29, 49; 97A.045, 1.24 subdivision 1; 97A.401, subdivision 5; 97A.405, 1.25 subdivision 4, by adding a subdivision; 97A.411, 1.26 subdivision 1; 97A.435, subdivision 2; 97A.441, 1.27 subdivision 7; 97A.451, subdivision 3; 97A.465, by 1.28 adding a subdivision; 97A.475, subdivision 7, by 1.29 adding a subdivision; 97B.005, subdivision 3; 97B.025; 1.30 97B.031, subdivisions 1, 5; 97B.111, subdivision 2; 1.31 97B.625, subdivision 2; 97B.631, subdivision 2; 1.32 97B.655, subdivision 2; 97B.711, subdivision 1; 1.33 97B.803; 97B.805, subdivision 1; 97B.811, subdivision 1.34 4a; 97C.203; 97C.327; 97C.345, subdivision 2; 97C.395, 1.35 subdivision 1; 97C.401, subdivision 2; 97C.825, 1.36 subdivision 5; proposing coding for new law in 1.37 Minnesota Statutes, chapter 97B; repealing Minnesota 1.38 Statutes 2004, sections 88.27; 97B.005, subdivision 4; 1.39 97B.935; 97C.015; 97C.403; 97C.825, subdivisions 6, 7, 1.40 8, 9; Minnesota Rules, part 6234.2300, subparts 2, 3. 1.41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.42 Section 1. Minnesota Statutes 2004, section 84.027, 1.43 subdivision 13, is amended to read: 2.1 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 2.2 natural resources may adopt rules under sections 97A.0451 to 2.3 97A.0459 and this subdivision that are authorized under: 2.4 (1) chapters 97A, 97B, and 97C to set open seasons and 2.5 areas, to close seasons and areas, to select hunters for areas, 2.6 to provide for tagging and registration of game and fish, to 2.7 prohibit or allow taking of wild animals to protect a species, 2.8 to prevent or control wildlife disease, and to prohibit or allow 2.9 importation, transportation, or possession of a wild animal; 2.10 (2) sections 84.093, 84.15, and 84.152 to set seasons for 2.11 harvesting wild ginseng roots and wild rice and to restrict or 2.12 prohibit harvesting in designated areas; and 2.13 (3) section 84D.12 to designate prohibited invasive 2.14 species, regulated invasive species, unregulated nonnative 2.15 species, and infested waters. 2.16 (b) If conditions exist that do not allow the commissioner 2.17 to comply with sections 97A.0451 to 97A.0459, the commissioner 2.18 may adopt a rule under this subdivision by submitting the rule 2.19 to the attorney general for review under section 97A.0455, 2.20 publishing a notice in the State Register and filing the rule 2.21 with the secretary of state and the Legislative Coordinating 2.22 Commission, and complying with section 97A.0459, and including a 2.23 statement of the emergency conditions and a copy of the rule in 2.24 the notice. The notice may be published after it is received 2.25 from the attorney general or five business days after it is 2.26 submitted to the attorney general, whichever is earlier. 2.27 (c) Rules adopted under paragraph (b) are effective upon 2.28 publishing in the State Register and may be effective up to 2.29 seven days before publishing and filing under paragraph (b), if: 2.30 (1) the commissioner of natural resources determines that 2.31 an emergency exists; 2.32 (2) the attorney general approves the rule; and 2.33 (3) for a rule that affects more than three counties the 2.34 commissioner publishes the rule once in a legal newspaper 2.35 published in Minneapolis, St. Paul, and Duluth, or for a rule 2.36 that affects three or fewer counties the commissioner publishes 3.1 the rule once in a legal newspaper in each of the affected 3.2 counties. 3.3 (d) Except as provided in paragraph (e), a rule published 3.4 under paragraph (c), clause (3), may not be effective earlier 3.5 than seven days after publication. 3.6 (e) A rule published under paragraph (c), clause (3), may 3.7 be effective the day the rule is published if the commissioner 3.8 gives notice and holds a public hearing on the rule within 15 3.9 days before publication. 3.10 (f) The commissioner shall attempt to notify persons or 3.11 groups of persons affected by rules adopted under paragraphs (b) 3.12 and (c) by public announcements, posting, and other appropriate 3.13 means as determined by the commissioner. 3.14 (g) Notwithstanding section 97A.0458, a rule adopted under 3.15 this subdivision is effective for the period stated in the 3.16 notice but not longer than 18 months after the rule is adopted. 3.17 Sec. 2. Minnesota Statutes 2004, section 97A.015, 3.18 subdivision 29, is amended to read: 3.19 Subd. 29. [MINNOWS.] "Minnows" means: (1) members of the 3.20 minnow family, Cyprinidae, except carp and goldfish; (2) members 3.21 of the mudminnow family, Umbridae; (3) members of the sucker 3.22 family, Catostomidae, not over 12 inches in length; (4) 3.23 bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not 3.24 over seven inches long;and(5) leeches; and (6) tadpole madtoms 3.25 (willow cats) and stonecats. 3.26 [EFFECTIVE DATE.] This section is effective the day 3.27 following final enactment. 3.28 Sec. 3. Minnesota Statutes 2004, section 97A.015, 3.29 subdivision 49, is amended to read: 3.30 Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means: 3.31 (1) a bird, excluding migratory waterfowl, pheasant, 3.32 Hungarian partridge, turkey, or grouse, with feet and feathered 3.33 head intact; 3.34 (2) a migratory waterfowl, excluding geese, with a fully 3.35 feathered wing and head attached; 3.36 (3) a pheasant, Hungarian partridge, turkey, or grouse with 4.1 one leg and foot or the fully feathered head or wing intact; or 4.2 (4) a goose with a fully feathered wing attached. 4.3 Sec. 4. Minnesota Statutes 2004, section 97A.045, 4.4 subdivision 1, is amended to read: 4.5 Subdivision 1. [DUTIES; GENERALLY.] The commissioner shall 4.6 do all things the commissioner determines are necessary to 4.7 preserve, protect, and propagate desirable species of wild 4.8 animals. The commissioner shall make special provisions for the 4.9 management of fish and wildlife to ensure recreational 4.10 opportunities for anglers and hunters. The commissioner shall 4.11 acquire wild animals for breeding or stocking and may dispose of 4.12 or destroy undesirable or predatory wild animals and their dens, 4.13 nests, houses, or dams. 4.14 Sec. 5. Minnesota Statutes 2004, section 97A.401, 4.15 subdivision 5, is amended to read: 4.16 Subd. 5. [WILD ANIMALS DAMAGING PROPERTY.] Special permits 4.17 may be issued with or without a fee to take protected wild 4.18 animals that are damaging property or to remove or destroy their 4.19 dens, nests, houses, or dams. A special permit issued under 4.20 this subdivision to take beaver must state the number to be 4.21 taken. 4.22 Sec. 6. Minnesota Statutes 2004, section 97A.405, 4.23 subdivision 4, is amended to read: 4.24 Subd. 4. [REPLACEMENT LICENSES.] (a) The commissioner may 4.25 permit licensedfirearmsdeer hunters to change zone, license, 4.26 or season optionsbefore the regular firearms deer season4.27begins. The commissioner may issue a replacement license if the 4.28 applicant submits the originalfirearmsdeer license and unused 4.29 tags thatisare being replaced and the applicant pays any 4.30 increase in cost between the original and the replacement 4.31 license. When a person submits both an archery and a firearms 4.32 license for replacement, the commissioner may apply the value of 4.33 both licenses towards the replacement license fee. 4.34 (b) A replacement license may be issued only if the 4.35 applicant has not used any tag from the original license and 4.36 meets the conditions of paragraph (c). The original license and 5.1 all unused tags for that license must be submitted to the 5.2 issuing agent at the time the replacement license is issued. 5.3 (c) A replacement license may be issued under the following 5.4 conditions, or as otherwise prescribed by rule of the 5.5 commissioner: 5.6 (1) when the season for the license being surrendered has 5.7 not yet opened; or 5.8 (2) when the person is upgrading from a regular firearms or 5.9 archery deer license to a deer license that is valid in multiple 5.10 zones. 5.11 (d) Notwithstanding section 97A.411, subdivision 3, a 5.12 replacement license is valid immediately upon issuance if the 5.13 license being surrendered is valid at that time. 5.14 Sec. 7. Minnesota Statutes 2004, section 97A.405, is 5.15 amended by adding a subdivision to read: 5.16 Subd. 5. [RESIDENT LICENSES.] To obtain a resident 5.17 license, a resident 21 years of age or older must: 5.18 (1) possess a current Minnesota driver's license; 5.19 (2) possess a current identification card issued by the 5.20 commissioner of public safety; or 5.21 (3) present evidence showing proof of residency in cases 5.22 when clause (1) or (2) would violate the Religious Freedom 5.23 Restoration Act of 1993, Public Law 103-141. 5.24 Sec. 8. Minnesota Statutes 2004, section 97A.411, 5.25 subdivision 1, is amended to read: 5.26 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 5.27 paragraphs (b), (c),and(d), and (e), a license is valid during 5.28 the lawful time within the license year that the licensed 5.29 activity may be performed. A license year begins on the first 5.30 day of March and ends on the last day of February. 5.31 (b) A license issued under section 97A.475, subdivision 6, 5.32 clause (5), 97A.475, subdivision 7, clause (2), (3), (5), or 5.33 (6), or 97A.475, subdivision 12, clause (2), is valid for the 5.34 full license period even if this period extends into the next 5.35 license year, provided that the license period selected by the 5.36 licensee begins at the time of issuance. 6.1 (c) When the last day of February falls on a Saturday, an 6.2 annual resident or nonresident fish house or dark house license, 6.3 including a rental fish house or dark house license, obtained 6.4 for the license year covering the last day of February, is valid 6.5 through Sunday, March 1 and the angling license of the fish 6.6 house licensee is extended through March 1. 6.7 (d) A lifetime license issued under section 97A.473 or 6.8 97A.474 is valid during the lawful time within the license year 6.9 that the licensed activity may be performed for the lifetime of 6.10 the licensee. 6.11 (e) A license issued under section 97A.474, subdivision 2, 6.12 or 97A.475, subdivision 7, to a person who is domiciled in a 6.13 state or province that prohibits Minnesota residents from taking 6.14 game fish or small game during a part of the season that is open 6.15 to residents of that state is not valid for taking game fish 6.16 during the first 14 days of the season prescribed under section 6.17 97C.395, subdivision 1, paragraph (a), clause (1). This 6.18 paragraph does not apply to a licensee who is a currently 6.19 registered guest at a hotel, motel, or resort located in 6.20 Minnesota. 6.21 (f) The commissioner shall specify various fishing zones 6.22 for which nonresident fishing licenses will be available, and 6.23 may specify the number of nonresident licenses that may be 6.24 issued in each zone and the manner in which the licenses are to 6.25 be issued. The commissioner shall designate no more than three 6.26 zones under this paragraph. 6.27 [EFFECTIVE DATE.] This section is effective the day 6.28 following final enactment. 6.29 Sec. 9. Minnesota Statutes 2004, section 97A.435, 6.30 subdivision 2, is amended to read: 6.31 Subd. 2. [ELIGIBILITY.] Persons eligible for a turkey 6.32 license shall be determined by this section and commissioner's 6.33 rule. A person is eligible for a turkey license only if the 6.34 person is at least age 16 before the season opensor, possesses 6.35 a firearms safety certificate, or, if under age 12, is 6.36 accompanied by a parent or guardian. Persons under age 12 must 7.1 be within arm's reach of their parent or guardian while hunting. 7.2 Sec. 10. Minnesota Statutes 2004, section 97A.441, 7.3 subdivision 7, is amended to read: 7.4 Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 7.5 commissioner may issue, without a fee, a license to take an 7.6 antlerless deer to a person who is an owner or tenant and is 7.7 living and actively farming on at least 80 acres of agricultural 7.8 land, as defined in section 97B.001, in deer permit areas that 7.9 have deer archery licenses to take additional deer under section 7.10 97B.301, subdivision 4. A person may receive only one license 7.11 per year under this subdivision. For properties with co-owners 7.12 or cotenants, only one co-owner or cotenant may receive a 7.13 license under this subdivision per year. The license issued 7.14 under this subdivision is restricted tothelandowned orleased 7.15 for agricultural purposes or owned by the holder of the license 7.16 within the permit area where the qualifying land is located. 7.17 The holder of the license may transfer the license to the 7.18 holder's spouse or dependent. Notwithstanding sections 97A.415, 7.19 subdivision 1, and 97B.301, subdivision 2, the holder of the 7.20 license may purchase an additional license for taking deer and 7.21 may take an additional deer under that license. 7.22 (b) A person who obtains a license under paragraph (a) must 7.23 allow public deer hunting on their land during that deer hunting 7.24 season, with the exception of the first Saturday and Sunday 7.25 during the deer hunting season applicable to the license issued 7.26 under section 97A.475, subdivision 2, clauses (4) and (13). 7.27 Sec. 11. Minnesota Statutes 2004, section 97A.451, 7.28 subdivision 3, is amended to read: 7.29 Subd. 3. [RESIDENTS UNDER AGE 16; SMALL GAME.] (a) A 7.30 resident under age 16 may not obtain a small game license but 7.31 may take small game by firearms or bow and arrow without a 7.32 license if the resident is: 7.33 (1) age 14 or 15 and possesses a firearms safety 7.34 certificate; 7.35 (2) age 13, possesses a firearms safety certificate, and is 7.36 accompanied by a parent or guardian; or 8.1 (3) age 12 or under and is accompanied by a parent or 8.2 guardian. 8.3 (b) A resident under age 16 may take small game by trapping 8.4 without a small game license, but a resident 13 years of age or 8.5 older must have a trapping license. A resident under age 13 may 8.6 trap without a trapping license, but may not trap fisher, otter, 8.7 bobcat, or pine marten unless the resident is at least age 8. 8.8 (c) A resident under age 12 may apply for a turkey license 8.9 and may take a turkey without a firearms safety certificate if 8.10 they are supervised by an adult parent or guardian who has a 8.11 firearms safety certificate and who is within arm's reach at all 8.12 times while hunting. 8.13 Sec. 12. Minnesota Statutes 2004, section 97A.465, is 8.14 amended by adding a subdivision to read: 8.15 Subd. 5. [PREFERENCE TO SERVICE MEMBERS.] (a) For purposes 8.16 of this subdivision: 8.17 (1) "qualified service member or veteran" means a Minnesota 8.18 resident who is currently serving, or has served at any time 8.19 during the past 24 months, in active service as a member of the 8.20 United States armed forces, including the National Guard or 8.21 other military reserves; and 8.22 (2) "active service" means service defined under section 8.23 190.05, subdivision 5b or 5c. 8.24 (b) Notwithstanding any other provision of this chapter, 8.25 chapter 97B or 97C, or administrative rules, the commissioner 8.26 may give first preference to qualified service members or 8.27 veterans in any drawing or lottery involving the selection of 8.28 applicants for hunting or fishing licenses, permits, and special 8.29 permits. This subdivision does not apply to licenses or permits 8.30 for taking moose, elk, or prairie chickens. Actions of the 8.31 commissioner under this subdivision are not rules under the 8.32 Administrative Procedures Act and section 14.386 does not apply. 8.33 [EFFECTIVE DATE.] This section is effective the day 8.34 following final enactment. 8.35 Sec. 13. Minnesota Statutes 2004, section 97A.475, 8.36 subdivision 7, is amended to read: 9.1 Subd. 7. [NONRESIDENT FISHING.] (a) Fees for the following 9.2 licenses, to be issued to nonresidents, are: 9.3 (1) to take fish by angling, $34; 9.4 (2) to take fish by angling limited to seven consecutive 9.5 days selected by the licensee, $24; 9.6 (3) to take fish by angling for a 72-hour period selected 9.7 by the licensee, $20; 9.8 (4) to take fish by angling for a combined license for a 9.9 family, $46; 9.10 (5) to take fish by angling for a 24-hour period selected 9.11 by the licensee, $8.50; and 9.12 (6) to take fish by angling for a combined license for a 9.13 married couple, limited to 14 consecutive days selected by one 9.14 of the licensees, $35. 9.15 (b) A nonresident who is domiciled in a state or province 9.16 that prohibits Minnesota residents from taking game fish or 9.17 small game during a part of the season that is open to residents 9.18 of that state is prohibited from purchasing a license under 9.19 paragraph (a), clauses (1), (3), (4), (5), and (6), and must 9.20 purchase a license under paragraph (a), clause (2), to take fish 9.21 in the state for a seven-day period. This paragraph does not 9.22 apply to a person who is a currently registered guest at a 9.23 hotel, motel, or resort located in Minnesota. 9.24 Sec. 14. Minnesota Statutes 2004, section 97A.475, is 9.25 amended by adding a subdivision to read: 9.26 Subd. 7a. [NONRESIDENT FISHING BOATS.] A boat that is 9.27 registered in a state or province that prohibits Minnesota 9.28 residents from taking game fish or small game during a part of 9.29 the season that is open to residents of that state and used for 9.30 fishing on inland waters of Minnesota must be licensed for use 9.31 on Minnesota inland waters. The license fee under this 9.32 subdivision is $250 and is valid for seven consecutive days. 9.33 The license may be renewed for additional seven-day periods 9.34 after payment of an additional $250 fee. This subdivision does 9.35 not apply to a person who is a currently registered guest at a 9.36 hotel, motel, or resort located in Minnesota. 10.1 Sec. 15. Minnesota Statutes 2004, section 97B.005, 10.2 subdivision 3, is amended to read: 10.3 Subd. 3. [PERMITS FOR ORGANIZATIONS AND INDIVIDUALS TO USE 10.4 GAME BIRDS AND FIREARMS.] (a) The commissioner may issue special 10.5 permits, without a fee,to organizations and individualsto use 10.6 firearms and live ammunition on domesticated birds or banded 10.7 game birds from game farms. 10.8 (b) Permits for holding field trialsandmay be issued to 10.9 organizations. The permit shall specify the dates and locations 10.10 of the field trial. The commissioner may limit the number of 10.11 dates approved for any organization. 10.12 (c) Permits for training hunting dogs may be issued to an 10.13 individual. 10.14 (d) Domesticated birds, other than pigeons, and game farm 10.15 birds used for trials or training under this section must be 10.16 clearly marked with dye or a streamer attached to a leg in a 10.17 manner that makes them visually identifiable prior to being 10.18 taken. 10.19 Sec. 16. Minnesota Statutes 2004, section 97B.025, is 10.20 amended to read: 10.21 97B.025 [HUNTER AND TRAPPER EDUCATION.] 10.22 (a) The commissioner may establish education courses for 10.23 huntersand trappers. The commissioner shall collect a fee from 10.24 each person attending a course. A fee shall be collected for 10.25 issuing a duplicate certificate. The commissioner shall 10.26 establish the fees in a manner that neither significantly 10.27 overrecovers nor underrecovers costs, including overhead costs, 10.28 involved in providing the services. The fees are not subject to 10.29 the rulemaking provisions of chapter 14 and section 14.386 does 10.30 not apply. The commissioner may establish the fees 10.31 notwithstanding section 16A.1283. The fees shall be deposited 10.32 in the game and fish fund and the amount thereof is appropriated 10.33 annually to the Enforcement Division of the Department of 10.34 Natural Resources for the administration of the program. In 10.35 addition to the fee established by the commissioner for each 10.36 course, instructors may charge each person up to the established 11.1 fee amount for class materials and expenses. School districts 11.2 may cooperate with the commissioner and volunteer instructors to 11.3 provide space for the classroom portion of the training. 11.4 (b) The commissioner shall enter into an agreement with a 11.5 statewide nonprofit trappers association to conduct a trapper 11.6 education program. At a minimum, the program must include at 11.7 least six hours of classroom, electronic, or correspondence 11.8 instruction and in the field training. The program must include 11.9 a review of state trapping laws and regulations, trapping 11.10 ethics, the setting and tending of traps and snares, tagging and 11.11 registration requirements, and the preparation of pelts. The 11.12 association shall issue a certificate to persons who complete 11.13 the program. The association shall be responsible for all costs 11.14 of conducting the education program, and shall not charge any 11.15 fee for attending the course. 11.16 Sec. 17. [97B.026] [TRAPPER EDUCATION CERTIFICATE 11.17 REQUIREMENT.] 11.18 A person born after December 31, 1989, and who has not been 11.19 issued a trapping license in a previous license year, may not 11.20 obtain a trapping license unless the person has been issued a 11.21 trapper education certificate under section 97B.025, paragraph 11.22 (b). 11.23 [EFFECTIVE DATE.] This section is effective March 1, 2007. 11.24 Sec. 18. Minnesota Statutes 2004, section 97B.031, 11.25 subdivision 1, is amended to read: 11.26 Subdivision 1. [FIREARMS AND AMMUNITION THAT MAY BE USED 11.27 TO TAKE BIG GAME.] (a) A person may take big game with a firearm 11.28 only if: 11.29 (1) the rifle, shotgun, and handgun used is a caliber of at 11.30 least .23 inches; 11.31 (2) the firearm is loaded only with single projectile 11.32 ammunition; 11.33 (3) a projectile used is a caliber of at least .23 inches 11.34 and has a soft point or is an expanding bullet type; 11.35 (4) the ammunition has a case length of at least 1.285 11.36 inches; 12.1 (5) the muzzle-loader used is incapable of being loaded at 12.2 the breech; 12.3 (6) the smooth-bore muzzle-loader used is a caliber of at 12.4 least .45 inches; and 12.5 (7) the rifled muzzle-loader used is a caliber of at least 12.6 .40 inches. 12.7 (b)A person may not take big game with a .30 caliber M-112.8carbine cartridge.12.9(c)Notwithstanding paragraph (a), clause (4), a person may 12.10 take big game with a ten millimeter cartridge that is at least 12.11 0.95 inches in length, a .45 Winchester Magnum cartridge, or a 12.12 .50 A. E. (Action Express) handgun cartridge. 12.13 Sec. 19. Minnesota Statutes 2004, section 97B.031, 12.14 subdivision 5, is amended to read: 12.15 Subd. 5. [SCOPES; VISUALLY IMPAIRED HUNTERS.] (a) 12.16 Notwithstanding any other law to the contrary, the commissioner 12.17 may issue a special permit, without a fee, to use a muzzleloader 12.18 with a scope to take deer during the muzzleloader season to a 12.19 person who obtains the required licenses and who has a visual 12.20 impairment. The scope may not have magnification capabilities. 12.21 (b) The visual impairment must be to the extent that the 12.22 applicant is unable to identify targets and the rifle sights at 12.23 the same time without a scope. The visual impairment and 12.24 specific conditions must be established by medical evidence 12.25 verified in writing by a licensed physician, ophthalmologist, or 12.26 optometrist. The commissioner may request additional 12.27 information from the physician if needed to verify the 12.28 applicant's eligibility for the permit.Notwithstanding section12.2997A.418, the commissioner may, in consultation with appropriate12.30advocacy groups, establish reasonable minimum standards for12.31permits to be issued under this subdivision.12.32 (c) A permit issued under this subdivision may be valid for 12.33 up to five years, based on the permanence of the visual 12.34 impairment as determined by the licensed physician, 12.35 ophthalmologist, or optometrist. 12.36 (d) The permit must be in the immediate possession of the 13.1 permittee when hunting under the special permit. 13.2 (e) The commissioner may deny, modify, suspend, or revoke a 13.3 permit issued under this subdivision for cause, including a 13.4 violation of the game and fish laws or rules. 13.5(e)(f) A person who knowingly makes a false application or 13.6 assists another in making a false application for a permit under 13.7 this subdivision is guilty of a misdemeanor. A physician, 13.8 ophthalmologist, or optometrist who fraudulently certifies to 13.9 the commissioner that a person is visually impaired as described 13.10 in this subdivision is guilty of a misdemeanor. 13.11 Sec. 20. Minnesota Statutes 2004, section 97B.111, 13.12 subdivision 2, is amended to read: 13.13 Subd. 2. [PERMIT FOR ORGANIZATION.] (a) The commissioner 13.14 may issue a special permit without a fee to a nonprofit 13.15 organization to provide an assisted hunting opportunity to 13.16 physically disabled hunters. The assisted hunting opportunity 13.17 may take place: 13.18 (1) in areas designated by the commissioner under 13.19 subdivision 1; or 13.20 (2) on private property or a licensed shooting preserve. 13.21 (b) The sponsoring organization shall provide a physically 13.22 capable person to assist each disabled hunter with 13.23 safety-related aspects of hunting and, notwithstanding section 13.24 97B.081, a person with a physical disability who is totally 13.25 blind may use laser sights. 13.26 (c) The commissioner may impose reasonable permit 13.27 conditions. 13.28 Sec. 21. [97B.115] [COMPUTER-ASSISTED REMOTE HUNTING 13.29 PROHIBITION.] 13.30 No person shall operate, provide, sell, use or offer to 13.31 operate, provide, sell or use any computer software or service 13.32 that allows a person, not physically present at the site, to 13.33 remotely control a weapon that could be used to take any wild 13.34 animal by remote operation, including, but not limited to, 13.35 weapons or devices set up to fire through the use of the 13.36 Internet or through a remote control device. 14.1 Sec. 22. Minnesota Statutes 2004, section 97B.625, 14.2 subdivision 2, is amended to read: 14.3 Subd. 2. [PERMIT REQUIRED TOUSE OF A SNARE.] A person may 14.4notuse a snare to take lynx or bobcatexcept under a permit14.5from, as prescribed by the commissioner, without a permit. 14.6 Sec. 23. Minnesota Statutes 2004, section 97B.631, 14.7 subdivision 2, is amended to read: 14.8 Subd. 2. [PERMIT REQUIRED TOUSE OF A SNARE.] A person may 14.9notuse a snare to take foxexcept under a permit from, as 14.10 prescribed by the commissioner, without a permit. 14.11 Sec. 24. Minnesota Statutes 2004, section 97B.655, 14.12 subdivision 2, is amended to read: 14.13 Subd. 2. [SPECIAL PERMIT FOR TAKING PROTECTED WILD 14.14 ANIMALS.] The commissioner may issue special permits under 14.15 section 97A.401, subdivision 5, to take protected wild animals 14.16 that are damaging property or to remove or destroy their dens, 14.17 nests, houses, or dams. 14.18 Sec. 25. Minnesota Statutes 2004, section 97B.711, 14.19 subdivision 1, is amended to read: 14.20 Subdivision 1. [SEASONS FOR CERTAIN UPLAND GAME BIRDS.] 14.21 (a) The commissioner may, by rule, prescribe an open season in 14.22 designated areas between September 16 andDecember 31January 3 14.23 for: 14.24 (1) pheasant; 14.25 (2) ruffed grouse; 14.26 (3) sharp tailed grouse; 14.27 (4) Canada spruce grouse; 14.28 (5) prairie chicken; 14.29 (6) gray partridge; 14.30 (7) bob-white quail; and 14.31 (8) turkey. 14.32 (b) The commissioner may by rule prescribe an open season 14.33 for turkey in the spring. 14.34 Sec. 26. Minnesota Statutes 2004, section 97B.803, is 14.35 amended to read: 14.36 97B.803 [MIGRATORY WATERFOWL SEASONS AND LIMITS.] 15.1 (a) The commissioner shall prescribe seasons, limits, and 15.2 areas for taking migratory waterfowl in accordance with federal 15.3 law. 15.4 (b) The regular duck season may not open before the 15.5 Saturday closest to October 1. 15.6 Sec. 27. Minnesota Statutes 2004, section 97B.805, 15.7 subdivision 1, is amended to read: 15.8 Subdivision 1. [HUNTER MUST BE CONCEALED.] (a) A person 15.9 may not take migratory waterfowl, coots, or rails in open water 15.10 unless the person is: 15.11 (1) within a natural growth of vegetation sufficient to 15.12 partially conceal the person or boat;or15.13 (2) on a river or stream that is not more than 100 yards in 15.14 width; or 15.15 (3) pursuing or shooting wounded birds. 15.16 (b) A person may not take migratory waterfowl, coots, or 15.17 rails in public waters from a permanent artificial blind or sink 15.18 box. 15.19 Sec. 28. Minnesota Statutes 2004, section 97B.811, 15.20 subdivision 4a, is amended to read: 15.21 Subd. 4a. [RESTRICTIONS ON CERTAIN MOTORIZED DECOYS.] From 15.22 the opening day of the duck season through the Saturday nearest 15.23 October 8, a person may not use a motorized decoyon public15.24waters with visible, moving parts that are above the water15.25surface, or other motorized device designed to attract migratory 15.26 birds, to take migratory waterfowl, other than geese. During 15.27 the remainder of the duck season, the commissioner may, by rule, 15.28 designate all or any portion of a wetland or lake closed to the 15.29 use of motorized decoys or motorized devices designed to attract 15.30 migratory birds. On water bodies and lands fully contained 15.31 within wildlife management area boundaries, a person may not use 15.32 motorized decoys or motorized devices designed to attract 15.33 migratory birds at any time during the duck season. 15.34 Sec. 29. Minnesota Statutes 2004, section 97C.203, is 15.35 amended to read: 15.36 97C.203 [DISPOSAL OF STATE HATCHERYEGGS OR FRYPRODUCTS.] 16.1 The commissioner shall dispose ofgame fish eggs and fry16.2 fish hatchery products according to the following order of 16.3 priorities: 16.4 (1) distribution of fish eggs and fry to state hatcheries 16.5 to hatch fry or raise fingerlings for stocking waters of the 16.6 state for recreational fishing; 16.7 (2) transfer to other government agencies in exchange for 16.8 fish or wildlife resources of equal value or private fish 16.9 hatcheries in exchange for fish to be stocked in waters of the 16.10 state for recreational fishing; 16.11 (3) saleof fish eggs and fryto private fish hatcheries or 16.12 licensed aquatic farms at a price not less than the fair 16.13 wholesale market value, established as the average price charged 16.14 at the state's private hatcheries and contiguous states per 16.15 volume rates;and16.16 (4) transfer to other government agencies, colleges, or 16.17 universities for cooperative fish management and research 16.18 purposes; and 16.19 (5) sale of not more than $25 fair market value to any 16.20 school, museum, or commercial enterprise for curriculum 16.21 implementation, educational programs, public exhibition, or 16.22 cooperative displays. 16.23 [EFFECTIVE DATE.] This section is effective the day 16.24 following final enactment. 16.25 Sec. 30. Minnesota Statutes 2004, section 97C.327, is 16.26 amended to read: 16.27 97C.327 [MEASUREMENT OF FISH LENGTH.] 16.28 For the purpose of determining compliance with size limits 16.29 for fish in this chapter or in rules of the commissioner, the 16.30 length of a fish must be measured from the tip of the nose or 16.31 jaw, whichever is longer, to the farthest tip of the tail when 16.32 fully extended. 16.33 Sec. 31. Minnesota Statutes 2004, section 97C.345, 16.34 subdivision 2, is amended to read: 16.35 Subd. 2. [POSSESSION.] (a) Except as specifically 16.36 authorized, a person may not possess a spear, fish trap, net, 17.1 dip net, seine, or other device capable of taking fish on or 17.2 near any waters. Possession includes personal possession and in 17.3 a vehicle. 17.4 (b) A person may possess spears, dip nets, bows and arrows, 17.5 and spear guns allowed under section 97C.381 on or near waters 17.6 between sunrise and sunset from May 1 to thethirdlast Sunday 17.7 in February, or as otherwise prescribed by the commissioner. 17.8 Sec. 32. Minnesota Statutes 2004, section 97C.395, 17.9 subdivision 1, is amended to read: 17.10 Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open 17.11 seasons to take fish by angling are as follows: 17.12 (1) for walleye, sauger, northern pike, muskellunge, 17.13 largemouth bass, and smallmouth bass, the Saturday two weeks 17.14 prior to the Saturday of Memorial Day weekend to thethirdlast 17.15 Sunday in February; 17.16 (2) for lake trout, from January 1 to October 31; 17.17 (3) for brown trout, brook trout, rainbow trout, and 17.18 splake, between January 1 to October 31 as prescribed by the 17.19 commissioner by rule except as provided in section 97C.415, 17.20 subdivision 2; and 17.21 (4) for salmon, as prescribed by the commissioner by rule. 17.22 (b) The commissioner shall close the season in areas of the 17.23 state where fish are spawning and closing the season will 17.24 protect the resource. 17.25 Sec. 33. Minnesota Statutes 2004, section 97C.401, 17.26 subdivision 2, is amended to read: 17.27 Subd. 2. [WALLEYE; NORTHERN PIKE.] (a) Except as provided 17.28 inparagraphsparagraph (b)and (c), a person may not takeno17.29 more than one walleye larger than2420 inches and one northern 17.30 pike larger than 30 inches daily. 17.31 (b) The restrictions in paragraph (a) do not apply to 17.32 boundary waters. 17.33(c) On Lake of the Woods, a person may take no more than17.34one walleye larger than 19.5 inches and one northern pike larger17.35than 36 inches daily.17.36 [EFFECTIVE DATE.] This section is effective March 1, 2006. 18.1 Sec. 34. Minnesota Statutes 2004, section 97C.825, 18.2 subdivision 5, is amended to read: 18.3 Subd. 5. [NET LIMITS FOR LAKE OF THE WOODS AND RAINY 18.4 LAKE.] (a) The maximum amount of nets permitted to be licensed 18.5 shall be: 18.6(a)(1) in Lake of the Woods, 50-pound nets,80,000 feet of18.7gill nets or160 submerged trap nets, and 80 fyke or staked trap 18.8 nets. Licenses for submerged trap nets may be issued instead of18.9licenses for gill nets in the ratio of not more than one18.10submerged trap net per 500 feet of gill net, and the maximum18.11permissible amount of gill nets shall be reduced by 500 feet for18.12each submerged trap net licensed.; and 18.13(b)(2) in Rainy Lake, 20-pound netsand 20,000 feet of18.14gill nets. 18.15(c) When a licensee has had a license revoked or18.16surrendered, the commissioner shall not be required to issue18.17licenses for the amount of netting previously authorized under18.18the revoked or surrendered license.18.19(d)(b) Commercial fishing may be prohibited in the 18.20 Minnesota portions of international waters when it is prohibited 18.21 in the international waters by Canadian authorities. 18.22(e) The commissioner may adopt rules to limit the total18.23amount of game fish taken by commercial fishing operators in18.24Lake of the Woods in any one season and shall apportion the18.25amount to each licensee in accordance with the number and length18.26of nets licensed.18.27 Sec. 35. [CONFORMING CHANGES; RULES.] 18.28 The commissioner may use the good cause exemption under 18.29 Minnesota Statutes, section 14.388, subdivision 1, clause (3), 18.30 to amend rules to conform to sections 30 and 32. Minnesota 18.31 Statutes, section 14.386, does not apply to the rulemaking under 18.32 this section except to the extent provided under Minnesota 18.33 Statutes, section 14.388. 18.34 Sec. 36. [REPEALER.] 18.35 (a) Minnesota Statutes 2004, sections 88.27; 97B.005, 18.36 subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825, 19.1 subdivisions 6, 7, 8, and 9, are repealed. 19.2 (b) Minnesota Rules, part 6234.2300, subparts 2 and 3, are 19.3 repealed.