Bill Text: MN SF1943 | 2011-2012 | 87th Legislature | Engrossed

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Bill Title: Game and fish provisions modifications and appropriation; wolf taking authorization

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-03-23 - Second reading [SF1943 Detail]

Download: Minnesota-2011-SF1943-Engrossed.html

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A bill for an act

relating to natural resources; modifying game and fish laws; appropriating money;
amending Minnesota Statutes 2010, sections 84.027, subdivision 14; 97A.015,
subdivisions 3a, 53; 97A.065, subdivision 6; 97A.085, by adding a subdivision;
97A.137, subdivision 5; 97A.421, subdivision 3; 97A.441, subdivision 7;
97A.451, subdivisions 3, 4, by adding a subdivision; 97A.473, subdivisions 3, 5,
5a; 97A.475, subdivisions 2, 3, 20; 97A.482; 97B.001, subdivision 7; 97B.020;
97B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.055, subdivision 1;
97B.071; 97B.085, subdivision 3; 97B.303; 97B.328; 97B.601, subdivisions
3a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.711, subdivision 1;
97B.805, subdivision 1; 97B.901; 97C.395, subdivision 1; Minnesota Statutes
2011 Supplement, sections 84D.03, subdivision 3; 97A.075, subdivision 1, by
adding a subdivision; 97B.031, subdivision 5; 97B.075; 97B.645, subdivision
9; 97B.667; proposing coding for new law in Minnesota Statutes, chapter
97B; repealing Minnesota Statutes 2010, sections 97A.045, subdivisions 8,
13; 97A.065, subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7;
97A.485, subdivision 12; 97A.552; 97B.645, subdivision 2; 97C.031.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 84.027, subdivision 14, is amended to read:
    Subd. 14. Mission; efficiency. It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1 ; and
(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department; and
(8) plan and implement activities designed to recruit new outdoor recreation
participants and retain existing participants. This includes but is not limited to anglers,
hunters, trappers, and campers.

    Sec. 2. Minnesota Statutes 2011 Supplement, section 84D.03, subdivision 3, is
amended to read:
    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
(b) and section 97C.341.
    (b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
under section 17.4982, subdivision 6, taking wild animals may be permitted for:
    (1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length; and
(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
suckers for bait from streams or rivers designated as infested waters, by hook and line for
noncommercial personal use. Other provisions that apply to this clause are:
(i) fish taken under this clause must be used on the same body of water where caught
and while still on that water body;
(ii) fish taken under this clause may not be transported live from/off the water body;
(iii) fish harvested under this clause may only be used in accordance with this section;
(iv) any other use of wild animals used for bait from infested waters is prohibited;
(v) fish taken under this clause must meet all other size restrictions and requirements
as established in rules; and
(vi) all species listed under this clause shall be included in the person's daily limit as
established in rules, if applicable.
    (c) Equipment authorized for minnow harvest in a designated infested water by
permit issued under paragraph (b) may not be transported to, or used in, any waters other
than waters specified in the permit.

    Sec. 3. Minnesota Statutes 2010, section 97A.015, subdivision 3a, is amended to read:
    Subd. 3a. Bonus permit. "Bonus permit" means a license to take and tag deer by
archery or firearms, in addition to deer authorized to be taken under regular firearms or
archery licenses, or a license issued under section 97A.441, subdivision 7.

    Sec. 4. Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to read:
    Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild
animals that are not protected wild animals including weasel, coyote (brush wolf), gopher,
porcupine, striped skunk, and unprotected birds.

    Sec. 5. Minnesota Statutes 2010, section 97A.065, subdivision 6, is amended to read:
    Subd. 6. Deer license donations and surcharges. (a) The surcharges and donations
collected under section 97A.475, subdivision 3, paragraph (b), and subdivision 3a,
shall be deposited in an account in the special revenue fund and are appropriated to
the commissioner for deer management, including for grants or payments to agencies,
organizations, or individuals for assisting with the cost of processing deer taken for
population management purposes for venison donation programs. None of the additional
license fees shall be transferred to any other agency for administration of programs other
than venison donation. If any money transferred by the commissioner is not used for a
venison donation program, it shall be returned to the commissioner.
    (b) By February 10, 2010, the commissioner shall report to the legislature on the
participation in and the effectiveness of the venison donation program.

    Sec. 6. Minnesota Statutes 2011 Supplement, section 97A.075, subdivision 1, is
amended to read:
    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this
subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2,
clauses (5), (6), (7), (13), (14), and (15), and 3, clauses (2), (3), (4), (10), (11), and (12),
and licenses issued under section 97B.301, subdivision 4.
    (b) $2 from each annual deer license and $2 annually from the lifetime fish and
wildlife trust fund, established in section 97A.4742, for each license issued under
section 97A.473, subdivision 4, shall be credited to the deer management account and
is appropriated to the commissioner for deer habitat improvement or deer management
programs.
    (c) $1 from each annual deer license and each bear license and $1 annually from
the lifetime fish and wildlife trust fund, established in section 97A.4742, for each
license issued under section 97A.473, subdivision 4, shall be credited to the deer and
bear management account and is appropriated to the commissioner for deer and bear
management programs, including a computerized licensing system.
    (d) Fifty cents from each deer license is credited to the emergency deer feeding and
wild cervidae health management account and is appropriated for emergency deer feeding
and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. The commissioner must
inform the legislative chairs of the natural resources finance committees every two years
on how the money for emergency deer feeding and wild cervidae health management
has been spent.
     When the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear
management programs and computerized licensing.

    Sec. 7. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a
subdivision to read:
    Subd. 7. Wolf licenses. (a) For purposes of this subdivision, "wolf license" means a
license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph
(a), clause (13); or 20, paragraph (b).
(b) Revenue from wolf licenses must be credited to the wolf management and
monitoring account and is appropriated to the commissioner only for wolf management,
research, damage control, enforcement, and education.

    Sec. 8. Minnesota Statutes 2010, section 97A.085, is amended by adding a subdivision
to read:
    Subd. 9. Vacating refuges open to hunting. Notwithstanding subdivision 8, the
commissioner may vacate a state game refuge by publishing a notice in the State Register
if the refuge has been open to trapping and hunting small game including waterfowl, deer
or bear by archery, and deer or bear by firearms for at least five years.

    Sec. 9. Minnesota Statutes 2010, section 97A.137, subdivision 5, is amended to read:
    Subd. 5. Portable stands. Prior to the Saturday on or nearest September 16, a
portable stand may be left overnight in a wildlife management area by a person with a
valid bear license who is hunting within 100 yards of a bear bait site that is legally tagged
and registered as prescribed under section 97B.425. Any person leaving a portable stand
overnight under this subdivision must affix a tag with: (1) the person's name and address;
(2) the licensee's driver's license number; or (3) the "MDNR#" license identification
number issued to the licensee. The tag must be affixed to the stand in such a manner that
it can be read from the ground.

    Sec. 10. Minnesota Statutes 2010, section 97A.421, subdivision 3, is amended to read:
    Subd. 3. Issuance of a big game license after conviction. (a) A person may not
obtain any big game license or take big game under a lifetime license, issued under section
97A.473 , for three years after the person is convicted of:
(1) a gross misdemeanor violation under the game and fish laws relating to big game;
(2) doing an act without a required big game license; or
(3) the second violation within three years under the game and fish laws relating to
big game.
(b) A person may not obtain any deer license or take deer under a lifetime license
issued under section 97A.473 for one year after the person is convicted of hunting deer
with the aid or use of bait under section 97B.328.
(c) The revocation period under paragraphs (a) and (b) doubles if the conviction
is for a deer that is a trophy deer scoring higher than 170 using the scoring method
established for wildlife restitution values adopted under section 97A.345.

    Sec. 11. Minnesota Statutes 2010, section 97A.441, subdivision 7, is amended to read:
    Subd. 7. Owners or tenants of agricultural land. (a) The commissioner may
issue, without a fee, a license to take an antlerless deer to a resident who is an owner or
tenant, or a nonresident who is an owner, of at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that have deer archery licenses to take
additional deer under section 97B.301, subdivision 4 allow the taking of antlerless deer
without making a lottery application. A person may receive only one license per year
under this subdivision. For properties with co-owners or cotenants, only one co-owner
or cotenant may receive a license under this subdivision per year. The license issued
under this subdivision is restricted to land leased for agricultural purposes or owned by
the holder of the license within the permit area where the qualifying land is located. The
holder of the license may transfer the license to the holder's spouse or dependent. Deer
taken under this subdivision do not count towards the total bag limit for the permit area.
Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 2, the holder
of the license may purchase an additional license licenses or permits for taking deer and
may take an additional deer under that license those licenses or permits, provided the
holder adheres to the bag limits established for that permit area.
    (b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, clause (5).

    Sec. 12. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
    Subd. 3. Residents under age 16; small game. (a) A resident under age 16 must
obtain a small game license in order to take small game by firearms or bow and arrow
without paying the applicable fees under section 97A.475, subdivisions 2, 4, and 5, if
the resident is:
    (1) age 14 or 15 and possesses a firearms safety certificate;
    (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
    (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
    (4) age 12 or under and is accompanied by a parent or guardian.
    (b) A resident under age 16 may take small game, other than wolves, by trapping
without a small game license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may trap small game, other than wolves, without a
trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or guardian.
    (c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.
    (d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

    Sec. 13. Minnesota Statutes 2010, section 97A.451, subdivision 4, is amended to read:
    Subd. 4. Persons Residents under age 16; big game. (a) A person resident age
12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses
a firearms safety certificate. A person resident age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.
    (b) A person resident age 10 or 11 may take big game provided the person is under
the direct supervision of a parent or guardian where the parent or guardian is within
immediate reach. Until March 1, 2009, a person age 10 or 11 may take big game under a
parent or guardian's license. Beginning March 1, 2009, A person resident age 10 or 11
must obtain a license in order to take big game and may obtain the license without paying
the fee required under section 97A.475, subdivision 2.

    Sec. 14. Minnesota Statutes 2010, section 97A.451, is amended by adding a
subdivision to read:
    Subd. 4a. Nonresidents under age 16; big game. (a) A nonresident age 12,
13, 14, or 15 may not obtain a license to take big game unless the person possesses a
firearms safety certificate. A nonresident age 12 or 13 must be accompanied by a parent or
guardian to hunt big game.
(b) A nonresident age 10 or 11 may take big game provided the person is under the
direct supervision of a parent or guardian where the parent or guardian is within immediate
reach. A nonresident age 10 or 11 must obtain a license to take big game and must pay the
fee required under section 97A.475, subdivision 3.

    Sec. 15. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
    Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small game, other than wolves,
in the state. The license authorizes those hunting and trapping activities authorized by the
annual resident small game hunting and trapping licenses license and the trapping license
for fur-bearing animals other than wolves. The license does not include a turkey stamp
validation or any other hunting stamps required by law.
    (b) The fees for a resident lifetime small game hunting license are:
    (1) age 3 and under, $217;
    (2) age 4 to age 15, $290;
    (3) age 16 to age 50, $363; and
    (4) age 51 and over, $213.

    Sec. 16. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game, other than
wolves, in the state. The license authorizes those activities authorized by the annual
resident angling, and resident small game hunting, licenses and the resident trapping
licenses license for fur-bearing animals other than wolves. The license does not include a
trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
or any other hunting stamps required by law.
    (b) The fees for a resident lifetime sporting license are:
    (1) age 3 and under, $357;
    (2) age 4 to age 15, $480;
    (3) age 16 to age 50, $613; and
    (4) age 51 and over, $413.

    Sec. 17. Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:
    Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small game, other than wolves, in the state. The license
authorizes those activities authorized by the annual resident angling, spearing, and resident
small game hunting, and resident trapping licenses and the resident trapping license for
fur-bearing animals other than wolves. The license does not include a trout and salmon
stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
hunting stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, $615;
(2) age 4 to age 15, $800;
(3) age 16 to age 50, $985; and
(4) age 51 and over, $586.

    Sec. 18. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
    Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
only, are:
    (1) for persons age 18 or over and under age 65 to take small game, $12.50;
    (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
    (3) for persons age 18 or over to take turkey, $23;
    (4) for persons under age 18 to take turkey, $12;
    (5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $26;
    (6) for persons age 18 or over to take deer by archery, $26;
    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;
    (8) to take moose, for a party of not more than six persons, $310;
    (9) to take bear, $38;
    (10) to take elk, for a party of not more than two persons, $250;
    (11) to take Canada geese during a special season, $4;
    (12) to take prairie chickens, $20;
    (13) for persons under age 18 to take deer with firearms during the regular firearms
season, $13;
    (14) for persons under age 18 to take deer by archery, $13; and
    (15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
season, $13; and
(16) to take wolf, $26.

    Sec. 19. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
    Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
to nonresidents, are:
    (1) for persons age 18 or over to take small game, $73;
    (2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;
    (3) for persons age 18 or over to take deer by archery, $135;
    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;
    (5) to take bear, $195;
    (6) for persons age 18 and older to take turkey, $78;
    (7) for persons under age 18 to take turkey, $12;
    (8) to take raccoon or bobcat, $155;
    (9) to take Canada geese during a special season, $4;
    (10) for persons under age 18 to take deer with firearms during the regular firearms
season in any open season option or time period, $13;
    (11) for persons under age 18 to take deer by archery, $13; and
    (12) for persons under age 18 to take deer during the muzzleloader season, $13; and
(13) to take wolf, $230.
    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
surcharge.

    Sec. 20. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
    Subd. 20. Trapping license licenses. (a) The fee for a license to trap fur-bearing
animals, other than wolves, is:
(1) for residents over age 13 and under age 18, $6;
(2) for residents age 18 or over and under age 65, $20;
(3) for residents age 65 or over, $10; and
(4) for nonresidents, $73.
(b) The fee for a license to trap wolves is $26, to be issued to residents only.

    Sec. 21. Minnesota Statutes 2010, section 97A.482, is amended to read:
97A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
SECURITY NUMBERS.
(a) All applicants for individual noncommercial game and fish licenses under this
chapter and chapters 97B and 97C must include the applicant's Social Security number
on the license application. If an applicant does not have a Social Security number, the
applicant must certify that the applicant does not have a Social Security number.
(b) The Social Security numbers collected by the commissioner on game and fish
license applications are private data under section 13.355, subdivision 1, and must be
provided by the commissioner to the commissioner of human services for child support
enforcement purposes. Title IV-D of the Social Security Act, United States Code, title 42,
section 666(a)(13), requires the collection of Social Security numbers on game and fish
license applications for child support enforcement purposes.
(c) The commissioners of human services and natural resources shall request a
waiver from the secretary of health and human services to exclude any applicant under the
age of 16 from the requirement under this section and under cross-country ski licensing
sections to provide the applicant's Social Security number. If a waiver is granted, this
section will be so amended effective January 1, 2006, or upon the effective date of the
waiver, whichever is later.

    Sec. 22. Minnesota Statutes 2010, section 97B.001, subdivision 7, is amended to read:
    Subd. 7. Taking with firearms in certain areas. (a) A person may not take a wild
animal with a firearm within 500 feet of a building occupied by a human or livestock
without the written permission of the owner, occupant, or lessee:
(1) on another person's private land; or
(2) on a public right-of-way.
(b) A No person may not take a wild animal with shoot a firearm without the
permission of the owner, occupant, or lessee, within 500 feet of a stockade or corral
containing livestock without the permission of the owner, occupant, or lessee.
(c) A person may not take a wild animal on any land where the person is prohibited
from entering by this section.

    Sec. 23. Minnesota Statutes 2010, section 97B.020, is amended to read:
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
    (a) Except as provided in this section and section 97A.451, subdivision 3a, a person
born after December 31, 1979, may not obtain an annual license to take wild animals by
firearms unless the person has:
    (1) a firearms safety certificate or equivalent certificate;
    (2) a driver's license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;
    (3) a previous hunting license with a valid firearms safety qualification indicator;
    (4) an apprentice hunter validation issued under section 97B.022; or
    (5) other evidence indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a reciprocity agreement or
certified by the department as substantially similar.
    (b) A person who is on active duty and has successfully completed basic training
in the United States armed forces, reserve component, or National Guard may obtain a
hunting license or approval authorizing hunting regardless of whether the person is issued
a firearms safety certificate.
    (c) A person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).

    Sec. 24. Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:
    Subdivision 1. Firearms and ammunition that may be used to take big game
and wolves. A person may take big game and wolves with a firearm only if:
    (1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
centerfire ignition;
    (2) the firearm is loaded only with single projectile ammunition;
    (3) a projectile used is a caliber of at least .22 inches and has a soft point or is
an expanding bullet type;
    (4) the muzzleloader used is incapable of being loaded at the breech;
    (5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and
    (6) the rifled muzzleloader used is a caliber of at least .40 inches.

    Sec. 25. Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:
    Subd. 2. Handguns for small game. A person may take small game with a handgun
of any caliber in a manner prescribed by the commissioner, except that wolves may only
be taken by hunting with the calibers specified in subdivision 1.

    Sec. 26. Minnesota Statutes 2011 Supplement, section 97B.031, subdivision 5, is
amended to read:
    Subd. 5. Scopes; visually impaired hunters on muzzleloaders. (a)
Notwithstanding any other law to the contrary, the commissioner may issue a special
permit, without a fee, to A person may use a muzzleloader with a scope to take deer
during the muzzleloader season to a person who obtains the required licenses and who has
a visual impairment. The scope may not have magnification capabilities.
(b) The visual impairment must be to the extent that the applicant is unable
to identify targets and the rifle sights at the same time without a scope. The visual
impairment and specific conditions must be established by medical evidence verified in
writing by (1) a licensed physician or a certified nurse practitioner or certified physician
assistant acting under the direction of a licensed physician; (2) a licensed ophthalmologist;
or (3) a licensed optometrist. The commissioner may request additional information from
the physician if needed to verify the applicant's eligibility for the permit.
(c) A permit issued under this subdivision may be valid for up to five years, based
on the permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) The permit must be in the immediate possession of the permittee when hunting
under the special permit.
(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
this subdivision for cause, including a violation of the game and fish laws or rules.
(f) A person who knowingly makes a false application or assists another in making
a false application for a permit under this subdivision is guilty of a misdemeanor. A
physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a person is visually
impaired as described in this subdivision is guilty of a misdemeanor.

    Sec. 27. Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:
    Subd. 1a. Minimum draw weight. A bow used to take big game or, turkey, or
wolves must have a pull that meets or exceeds 30 pounds at or before full draw.

    Sec. 28. Minnesota Statutes 2010, section 97B.055, subdivision 1, is amended to read:
    Subdivision 1. Restrictions related to highways. (a) A person may not discharge
a firearm or an arrow from a bow containing No. 4 buckshot or larger diameter shot or
single projectile ammunition on, over, or across, or within the right-of-way of an improved
public highway at a big game animal. A person may not discharge a firearm or an arrow
from a bow and arrow on, over, across, or within the right-of-way of an improved public
highway at a big game animal. The commissioner may by rule extend the application of
this subdivision to the taking of migratory waterfowl in designated locations.
(b) A person may not discharge a firearm or an arrow from a bow on, over, across, or
within the right-of-way of an improved public highway at a decoy of a big game animal
that has been set out by a licensed peace officer.

    Sec. 29. Minnesota Statutes 2010, section 97B.071, is amended to read:
97B.071 BLAZE ORANGE REQUIREMENTS.
    (a) Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
pattern of at least 50 percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
location or to trappers on waters of this state.
    (b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except while trapping, unless a visible portion of
at least one article of the person's clothing above the waist is blaze orange. This paragraph
does not apply to a person when in a stationary location while hunting deer by archery
or when hunting small game by falconry.
    (c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.
    (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.

    Sec. 30. Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
    (a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.
    (b) Big game and wolves may be taken from one-half hour before sunrise until
one-half hour after sunset.
    (c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner.

    Sec. 31. Minnesota Statutes 2010, section 97B.085, subdivision 3, is amended to read:
    Subd. 3. Communication excepted. This section does not prohibit the use of:
    (1) one-way radio communication between a handler and a dog; or
    (2) a remote-controlled animal noise caller for taking crows, fur-bearing animals,
and unprotected animals; or
(3) a remote-controlled motorized decoy used for taking migratory waterfowl under
section 97B.811, subdivision 4a, or doves.

    Sec. 32. [97B.1115] USE OF MECHANICAL OR ELECTRONIC ASSISTANCE
TO HOLD AND DISCHARGE FIREARMS OR BOWS BY PHYSICALLY
DISABLED.
Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701,
subdivision 2, the commissioner may authorize a physically disabled hunter who has
a verified statement of the disability from a licensed physician or a certified nurse
practitioner or certified physician assistant acting under the direction of a licensed
physician to use a swivel or otherwise mounted gun or bow or any electronic or mechanical
device to discharge a gun or bow as long as the participant is physically present at the site.

    Sec. 33. Minnesota Statutes 2010, section 97B.303, is amended to read:
97B.303 VENISON DONATIONS.
    An individual who legally takes a deer may donate the deer, for distribution to
charitable food assistance programs, to a meat processor that is licensed under chapter
28A. An individual donating a deer must supply the processor with the tag number under
which the deer was taken. Hunter-harvested venison donated under this section is not
subject to chapter 31 and must be clearly marked as hunter-harvested venison.

    Sec. 34. Minnesota Statutes 2010, section 97B.328, is amended to read:
97B.328 BAITING PROHIBITED.
    Subdivision 1. Hunting with aid of bait or feed prohibited. A person may not
hunt take deer:
    (1) with the aid or use of bait or feed; or.
    (2) in the vicinity of bait or feed if the person knows or has reason to know that bait
or feed is present.
    Subd. 2. Removal of bait. An area is considered baited for ten days after the
complete removal of all bait or feed.
    Subd. 3. Definition. (a) For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer
and that has been placed by a person. "Baiting" means placing, exposing, depositing,
distributing, or scattering bait that is capable of attracting or enticing deer.
(b) Liquid scents, salt, and minerals are not bait or feed if they do not contain liquid
or solid food ingredients.
Food that has not been placed by a person and resulting (c) Agricultural crops
from normal or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities is are not bait or feed.
This exclusion does not apply to agricultural crops that have been re-introduced and
concentrated where a person is hunting.
    Subd. 4. Exception for bait or feed on adjacent land. A person otherwise in
compliance with this section who is hunting on private or public property that is adjacent
to property where bait or feed food is present is not in violation of this section if the
person has not participated in, been involved with, or agreed to baiting or feeding wildlife
on the adjacent property.

    Sec. 35. Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:
    Subd. 3a. Nonresidents; trapping small game. A nonresident may take small
game, except wolves, by trapping only on land owned by the nonresident, if the
nonresident possesses a trapping license for fur-bearing animals other than wolves and a
small game license.

    Sec. 36. Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:
    Subd. 4. Exception to license requirements. (a) A resident under age 16 may take
small game, other than wolves, without a small game license, and a resident under age
13 may trap small game and fur-bearing animals, other than wolves, without a trapping
license, as provided in section 97A.451, subdivision 3.
(b) A person may take small game, other than wolves, without a small game license
on land occupied by the person as a principal residence.
(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.
(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2 , during the closed season without a license.
(e) A person may take a wolf, turkey, or a prairie chicken without a small game
license.

    Sec. 37. Minnesota Statutes 2010, section 97B.603, is amended to read:
97B.603 TAKING SMALL GAME AS A PARTY.
(a) While two or more persons are taking small game as a party and maintaining
unaided visual and vocal contact, a member of the party may take and possess more than
one limit of small game, but the total number of small game taken and possessed by
the party may not exceed the limit of the number of persons in the party that may take
and possess small game.
(b) This section does not apply to the hunting of wolves, migratory game birds, or
turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter and
a licensed wolf hunter may assist another licensed wolf hunter for the same zone and time
period as long as the hunter does not shoot or tag a turkey or wolf for the other hunter.

    Sec. 38. Minnesota Statutes 2010, section 97B.605, is amended to read:
97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
SMALL GAME ANIMALS.
The commissioner may prescribe restrictions on and designate areas where gray and
fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
fox, fisher, pine marten, opossum, wolves, and badger may be taken and possessed.

    Sec. 39. Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
amended to read:
    Subd. 9. Open season. There shall be no open season for gray wolves until after the
gray wolf is delisted under the federal Endangered Species Act of 1973. After that time,
the commissioner may prescribe open seasons and restrictions for taking gray wolves but
must provide opportunity for public comment.

    Sec. 40. [97B.647] TAKING WOLVES.
    Subdivision 1. License required. Except as provided under section 97B.645 or
97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
    Subd. 2. Open seasons. Wolves may be taken with legal firearms, with bow and
arrow, and by trapping. The commissioner may by rule prescribe the open seasons for
wolves.
    Subd. 3. Open areas. The commissioner may by rule designate areas where wolves
may be taken.
    Subd. 4. Daily and possession limits. The commissioner may establish by rule
the daily and possession limits for wolves.
    Subd. 5. Limit on number of hunters and trappers. The commissioner may by
rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
to prevent an overharvest or improve the distribution of hunters and trappers. The
commissioner shall establish a method, including a drawing, to impartially select the
hunters and trappers for an area.
    Subd. 6. Application for license. An application for a wolf hunting or trapping
license must be made in a manner provided by the commissioner and accompanied by
a $4 application fee. The $4 application fee is appropriated to pay for costs associated
with conducting the wolf license drawing and wolf management. A person may not make
more than one application for each season as prescribed by the commissioner. If a person
makes more than one application, the person is ineligible for a license for that season after
determination by the commissioner, without a hearing.
    Subd. 7. Quotas. The commissioner may by rule set an annual quota for the
number of wolves that can be taken by hunting and trapping. The commissioner may
establish a method to monitor harvest and close the season when the quota is reached. The
commissioner shall reserve a portion of the annual quota for the trapping season.

    Sec. 41. Minnesota Statutes 2011 Supplement, section 97B.667, is amended to read:
97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
ROAD AUTHORITIES.
When a drainage watercourse is impaired by a beaver dam and the water damages
or threatens to damage a public road, the road authority, as defined in section 160.02,
subdivision 25 , may remove the impairment and any associated beaver lodge within 300
feet of the road. Notwithstanding any law to the contrary, the road authority may remove,
kill, or arrange to have removed or killed by any lawful means a beaver associated with
the lodge. Before killing or arranging to kill a beaver under this section, the road authority
must contact a conservation officer for a special beaver permit. The conservation officer
must issue the permit for any beaver subject to this section. A road authority that kills
or arranges to have killed a beaver under this section must notify a conservation officer
or the officer's designee as specified in the permit employee of the Wildlife Division
within ten days after the animal is killed. A road authority may, after consultation with
the Wildlife Division and the Board of Water and Soil Resources, implement a local
beaver control program designed to reduce the number of incidents of beaver interfering
with or damaging a public road. The local control program may include the offering of
a bounty for the lawful taking of beaver.

    Sec. 42. Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:
    Subd. 3. Predator control payments. The commissioner shall pay a predator
controller the amount the commissioner prescribes determines by written order published
in the State Register for each predator coyote and fox taken. The commissioner shall pay
at least $25 but not more than $60 for each coyote taken. The commissioner may require
the predator controller to submit proof of the taking and a signed statement concerning
the predators taken. The fees are not subject to the rulemaking provisions of chapter 14,
and section 14.386 does not apply.

    Sec. 43. Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:
    Subd. 4. Gray Wolf control. (a) The commissioner shall provide a gray wolf control
training program for certified predator controllers participating in gray wolf control.
(b) After the gray wolf is delisted under the federal Endangered Species Act of
1973, in zone B, as defined under section 97B.645, subdivision 12, if the commissioner,
after considering recommendations from an extension agent or conservation officer, has
verified that livestock, domestic animals, or pets were destroyed by a gray wolf within the
previous five years, and if the livestock, domestic animal, or pet owner requests gray wolf
control, the commissioner shall open a predator control area for gray wolves.
(c) After the gray wolf is delisted under the federal Endangered Species Act of
1973, in zone A, as defined under paragraph (g), if the commissioner, after considering
recommendations from an extension agent or conservation officer, verifies that livestock,
domestic animals, or pets were destroyed by a gray wolf, and if the livestock, domestic
animal, or pet owner requests gray wolf control, the commissioner shall open a predator
control area for gray wolves for up to 60 days.
(d) A predator control area opened for gray wolves may not exceed a one-mile
radius surrounding the damage site.
(e) The commissioner shall pay a certified gray wolf predator controller $150 the
amount the commissioner determines by written order published in the State Register for
each wolf taken. The certified gray wolf predator controller must dispose of unsalvageable
remains as directed by the commissioner. All salvageable gray wolf remains must be
surrendered to the commissioner. The fees are not subject to the rulemaking provisions of
chapter 14, and section 14.386 does not apply.
(f) The commissioner may, in consultation with the commissioner of agriculture,
develop a cooperative agreement for gray wolf control activities with the United States
Department of Agriculture. The cooperative agreement activities may include, but not be
limited to, gray wolf control, training for state predator controllers, and control monitoring
and record keeping.
(g) For the purposes of this subdivision, "zone A" means that portion of the state
lying outside of zone B, as defined under section 97B.645, subdivision 12.

    Sec. 44. Minnesota Statutes 2010, section 97B.711, subdivision 1, is amended to read:
    Subdivision 1. Seasons for certain upland game birds. (a) The commissioner
may, by rule, prescribe an open season in designated areas between September 16 and
January 3 for:
    (1) pheasant;
    (2) ruffed grouse;
    (3) sharp tailed grouse;
    (4) Canada spruce grouse;
    (5) prairie chicken;
    (6) gray partridge;
    (7) bobwhite quail; and
    (8) turkey.
    (b) The commissioner may by rule prescribe an open season for turkey in the spring.
    (c) The commissioner shall allow a four-week fall season for turkey in the area
designated as turkey permit area 601 as of the 2008 season. All applicable local and state
regulations apply.

    Sec. 45. Minnesota Statutes 2010, section 97B.805, subdivision 1, is amended to read:
    Subdivision 1. Hunter must be concealed. (a) A person may not take migratory
waterfowl, coots, or rails in open water unless the person is:
(1) within a natural growth of vegetation sufficient to partially conceal the person or
boat;
(2) on a river or stream that is not more than 100 yards in width; or
(3) pursuing or shooting wounded birds; or
(4) in areas specifically designated for such taking by the commissioner by rule.
(b) A person may not take migratory waterfowl, coots, or rails in public waters from
a permanent artificial blind or sink box.

    Sec. 46. Minnesota Statutes 2010, section 97B.901, is amended to read:
97B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.
(a) The commissioner may, by rule, require persons taking, possessing, and
transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
the manner of issuance and the type of tag, which must show the year of issuance. The
commissioner shall issue the tag, without a fee, upon request.
(b) The pelt of each bobcat, fisher, pine marten, and otter, and wolf must be
presented, by the person taking it, to a state wildlife manager designee for registration
before the pelt is sold and before the pelt is transported out of the state, but in no event
more than 48 hours after the season closes for the species.
(c) The whole carcass of each wolf, with the pelt removed, must be presented by the
person taking it to a state wildlife manager designee for registration before the pelt is sold
and before the pelt is transported out of the state, but in no event more than 48 hours after
the season closes. The commissioner may require that the entire carcass or samples from
the carcass be surrendered to the state wildlife manager designee.

    Sec. 47. [97B.903] USE OF BODY-GRIPPING TRAPS.
A person may not set, place, or operate, except as a water set, a body-gripping or
conibear-type trap on public lands and waters that has a maximum jaw opening when set
greater than six and one-half inches and less than seven and one-half inches measured
from the inside edges of the body-gripping portions of the jaws, unless:
(1) the trap is in a baited or unbaited enclosure with the opening no greater than 81
square inches and the trap trigger is recessed seven inches or more from the top of the
opening;
(2) no bait, lure, or other attractant is placed within 20 feet of the trap; or
(3) the trap is elevated at least three feet above the surface of the ground or snowpack.

    Sec. 48. Minnesota Statutes 2010, section 97C.395, subdivision 1, is amended to read:
    Subdivision 1. Dates for certain species. (a) The open seasons to take fish by
angling are as follows:
    (1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend
to the last Sunday in February;
    (2) for lake trout, from January 1 to October 31;
    (3) for the winter season for lake trout, brown trout, brook trout, rainbow trout, and
splake on all lakes located outside or partially within the Boundary Waters Canoe Area,
from January 15 to March 31;
    (4) for the winter season for lake trout, brown trout, brook trout, rainbow trout,
and splake on all lakes located entirely within the Boundary Waters Canoe Area, from
January 1 to March 31;
(5) for brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in section
97C.415, subdivision 2 ;
    (6) for the winter season for brown trout, brook trout, rainbow trout, and splake on
all lakes, from January 15 to March 31; and
    (7) (6) for salmon, as prescribed by the commissioner by rule.
    (b) The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.

    Sec. 49. RULEMAKING; TROUT SEASONS.
The commissioner of natural resources shall amend Minnesota Rules, part
6262.0200, to make seasons for brown trout, brook trout, rainbow trout, and splake in
lakes inside and outside the Boundary Waters Canoe Area consistent with this section.
The commissioner may use the good cause exemption under Minnesota Statutes, section
14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
apply, except as provided under Minnesota Statutes, section 14.388.

    Sec. 50. RULEMAKING; RESTITUTION VALUE FOR WOLVES.
(a) The commissioner of natural resources shall amend the restitution value for
gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
"gray wolves" to "wolves."
(b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.

    Sec. 51. RULEMAKING; USE OF SNARES.
(a) The commissioner of natural resources shall add a definition of a wolf snare to
Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that:
A. has a maximum loop diameter greater than ten inches, but less than or equal
to 18 inches;
B. has a cable diameter of at least 7/64 inches;
C. includes stops affixed to the cable to ensure that the portion of the snare that
makes up the noose loop may not be less than three inches in diameter when fully closed;
D. includes a breakaway device that would cause the snare loop to break when
pulled by a moose; and
E. includes a diverter wire that extends 27 inches in both directions, measured
perpendicular to and from the top of the snare loop. The diverter wires must be positioned
at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and
the snare must be set within 20 yards of bait."
(b) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares
as defined in part 6234.0900."
(c) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more
than 20 inches above the first surface beneath the bottom of the set snare loop. During
the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be
set so that the bottom of the loop is more than 18 inches above the first surface beneath
the bottom of the set snare loop."
(d) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer,
elk, or moose trails."
(e) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for
wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper."
(f) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.

    Sec. 52. 2012 FIREARMS WOLF SEASON.
The commissioner of natural resources shall establish the first firearms wolf hunting
season to open no later than the first day of the 2012 firearms deer hunting season.

    Sec. 53. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the term "gray wolf" or "gray wolves" wherever
the terms appear in Minnesota Statutes and Minnesota Rules to "wolf" or "wolves."

    Sec. 54. REPEALER.
Minnesota Statutes 2010, sections 97A.045, subdivisions 8 and 13; 97A.065,
subdivision 1; 97A.095, subdivision 3; 97A.331, subdivision 7; 97A.485, subdivision 12;
97A.552; 97B.645, subdivision 2; and 97C.031, are repealed.