Bill Text: MN SF796 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Omnibus game and fish bill

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-05-24 - Secretary of State Chapter 121 [SF796 Detail]

Download: Minnesota-2013-SF796-Engrossed.html

---

A bill for an act

relating to natural resources; modifying game and fish laws; modifying
trespassing laws; providing for certain license seizure; modifying fees; modifying
invasive species laws; modifying watercraft provisions; modifying exemptions
for the Minnesota Zoological Garden; providing for a special local law in
six counties to protect surface water and groundwater; requiring rulemaking;
appropriating money;amending Minnesota Statutes 2012, sections 84.027,
subdivision 13, by adding subdivisions; 84D.01, subdivision 15a; 84D.03,
subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2;
84D.11, by adding subdivisions; 84D.13, subdivision 2, by adding a subdivision;
85A.02, subdivision 10; 86B.005, subdivision 18, by adding subdivisions;
86B.13, by adding a subdivision; 86B.301, subdivision 2; 86B.501, subdivision
1; 86B.825, subdivision 2; 97A.051, subdivision 2; 97A.135, subdivision
3; 97A.420, subdivision 1; 97A.441, subdivision 6; 97A.445, subdivision
1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475,
subdivisions 2, 3, 8; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4;
97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.071; 97B.112;
97C.341; 97C.345, subdivisions 1, 2; 97C.376, subdivisions 1, 2, 3; 103G.271,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 103G; repealing Minnesota Statutes 2012, sections 84D.01, subdivision
22; 97A.451, subdivision 4a; 97C.346.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
based upon current biological and harvest data, the commissioner may adopt a rule under
this subdivision by submitting the rule to the attorney general for review under section
97A.0455 , publishing a notice in the State Register and filing the rule with the secretary
of state and the Legislative Coordinating Commission, and complying with section
97A.0459 , and including a statement of the emergency conditions and a copy of the rule
in the notice. The emergency conditions for opening a water body or portion of a water
body for night bow fishing under this section may include the need to temporarily open
the area to evaluate compatibility of the activity on that body of water prior to permanent
rulemaking. The notice may be published after it is received from the attorney general or
five business days after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
adopted effective.

    Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:
    Subd. 19. Federal law compliance. Notwithstanding any law to the contrary,
the commissioner may establish, by written order, policies for the use and operation of
other power-driven mobility devices, as defined under Code of Federal Regulations, title
28, section 35.104, on lands and in facilities administered by the commissioner for the
purposes of implementing the Americans with Disabilities Act, United States Code, title
42, section 12101 et seq. These policies are exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.

    Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
to read:
    Subd. 20. Hunting licenses to persons with a critical illness. The commissioner
may allow persons with a critical illness to purchase, once-in-a-lifetime, hunting licenses
otherwise limited by a lottery drawing, which licenses allow for taking game within
established hunting seasons or season frameworks. The commissioner may provide the
licenses to persons who are participating in a program for hunters with a critical illness
sponsored by a nonprofit organization with expertise in providing hunting opportunities to
hunters who are gravely ill or have physical disabilities. The commissioner may provide
licenses or permits otherwise limited by drawings, including wild turkey, deer, bear,
prairie chicken, and wolf. The commissioner may not allow the purchase of moose and
elk licenses under this subdivision. Deer licenses authorized by the commissioner under
this subdivision may be for deer of either sex.

    Sec. 4. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
    Subd. 15a. Service provider. "Service provider" means an individual who or entity
that: (1) decontaminates, installs, or removes water-related equipment or structures into or
from waters of the state for hire or as a service provided as a benefit of membership in a
yacht club, boat club, marina, or similar organization; or (2) rents or leases water-related
equipment that will be used in, placed into, or removed from waters of the state. Service
provider does not include a person working under the supervision of an individual with a
valid service provider permit issued under section 84D.108.

    Sec. 5. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
If a commercial licensee operates in an infested water designated because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
the commissioner, as specified in the commercial licensee's license or permit. This tagging
requirement does not apply to commercial fishing equipment used in Lake Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those nets
or equipment in any other waters. Upon notification, the commissioner may authorize a
commercial licensee to move nets or equipment to another water without freezing or drying,
if that water is designated as infested solely because it contains Eurasian water milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from before placing the equipment
into waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.

    Sec. 6. Minnesota Statutes 2012, section 84D.09, is amended to read:
84D.09 AQUATIC MACROPHYTES.
    Subdivision 1. Transportation prohibited. Unless specifically authorized under
a license or permit issued by the commissioner, a person may not transport aquatic
macrophytes, except as provided in this section.
    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:
    (1) that are duckweeds in the family Lemnaceae;
    (2) for disposal as part of a harvest or control activity when specifically authorized
under an aquatic plant management permit pursuant to section 103G.615, under permit
pursuant to section 84D.11, or as specified by the commissioner;
    (3) (2) for purposes of constructing shooting or observation blinds in amounts
sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
above the waterline;
    (4) (3) when legally purchased or traded by or from commercial or hobbyist sources
for aquarium, wetland or lakeshore restoration, or ornamental purposes;
    (5) (4) when harvested for personal or commercial use if in a motor vehicle;
    (6) (5) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;
    (7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;
    (8) (6) that are wild rice harvested under section 84.091;
    (9) (7) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season; or
    (10) (8) when removing water-related equipment from waters of the state for
purposes of cleaning off aquatic macrophytes before leaving a water access site.

    Sec. 7. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
    Subdivision 1. Launching prohibited. A person may not place or attempt to place
into waters of the state water-related equipment, including aquatic plant harvesting or
control equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive
species attached except as provided in this section.

    Sec. 8. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
of the state a person must drain water-related equipment holding water and live wells and
bilges by removing the drain plug before transporting the water-related equipment off
the water access site or riparian property.
    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
water-related equipment.
    (c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.
    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
when fishing through the ice except on waters designated infested for viral hemorrhagic
septicemia, and marine sanitary systems are exempt from this subdivision.
    (e) A person must not dispose of bait in waters of the state.
(f) A boat lift, dock, swim raft, or associated equipment that has been removed
from any water body may not be placed in another water body until a minimum of 21
days have passed.
(g) A person who transports water that is appropriated from noninfested surface
water bodies and that is transported by a commercial vehicle, excluding watercraft, or
commercial trailer, which vehicle or trailer is specifically designed and used for water
hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
the transported water to other surface waters or within 100 feet of a surface water body.
(h) A person transporting water from noninfested surface water bodies for
firefighting or emergencies that threaten human safety or property is exempt from
paragraphs (a) and (b).

    Sec. 9. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water. The commissioner may enter into a delegation agreement with a
tribal or local government where inspection authority as provided under paragraphs (b),
(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
and administrative responsibilities for inspection programs on some or all public waters
within their jurisdiction.
(b) Inspectors may visually and tactilely inspect watercraft and water-related
equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
is present. If a person transporting watercraft or water-related equipment refuses to
take required corrective actions or fails to comply with an order under section 84D.10,
subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
to a conservation officer or other licensed peace officer.
(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site, any other public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is reason to believe
that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.
(d) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
(e) Conservation officers or other licensed peace officers may order water-related
equipment to be removed from a water body if the commissioner determines such action is
needed to implement aquatic invasive species control measures.
(f) The commissioner may require mandatory inspections of water-related equipment
before a person places or removes water-related equipment into or out of a water body.
Inspection stations may be located at or near public water accesses or in locations that
allow for servicing individual or multiple water bodies. The commissioner shall ensure
that inspection stations:
(1) have adequate staffing to minimize delays to vehicles and their occupants;
(2) allow for reasonable travel times between public accesses and inspection stations
if inspection is required before placing water-related equipment into a water body;
(3) are located so as not to create traffic delays or public safety issues;
(4) have decontamination equipment available to bring water-related equipment
into compliance; and
(5) do not reduce the capacity or hours of operation of public water accesses.
(g) The commissioner may authorize tribal and local governments that enter into
a delegation agreement with the commissioner to conduct mandatory inspections of
water-related equipment at specified locations within a defined area before a person
places or removes water-related equipment into or out of a water body. Tribal and local
governments that are authorized to conduct inspections under this paragraph must:
(1) assume all legal, financial, and administrative responsibilities for implementing
the mandatory inspections, alone or in agreement with other tribal or local governments;
(2) employ inspectors that have been trained and authorized by the commissioner;
(3) conduct inspections and decontamination measures in accordance with guidelines
approved by the commissioner;
(4) have decontamination equipment available at inspection stations or identify
alternative decontamination equipment locations within a reasonable distance of the
inspection station that can bring water-related equipment into compliance;
(5) provide for inspection station locations that do not create traffic delays or public
safety issues; and
(6) submit a plan approved by the commissioner according to paragraph (h).
(h) Plans required under paragraph (g) must address:
(1) no reduction in capacity or hours of operation of public accesses and fees that
do not discourage or limit use;
(2) reasonable travel times between public accesses and inspection stations;
(3) adequate staffing to minimize wait times and provide adequate hours of operation
at inspection stations and public accesses;
(4) adequate enforcement capacity;
(5) measures to address inspections of water-related equipment at public water
accesses for commercial entities and private riparian land owners; and
(6) other elements as required by the commissioner to ensure statewide consistency,
appropriate inspection and decontamination protocols, and protection of the state's
resources, public safety, and access to public waters.
(i) A government unit authorized to conduct inspections under this subdivision must
submit an annual report to the commissioner summarizing the results and issues related
to implementing the inspection program.
(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
programs where authorized inspectors are placed directly at one or more water access
sites, with no requirement for a person to travel from the water access for inspection
or decontamination, and no local ordinance or other regulation requiring a mandatory
inspection before placing watercraft or water-related equipment into a water body or after
watercraft or water-related equipment are removed from a water body.

    Sec. 10. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
to read:
    Subd. 2b. Transport of water. The commissioner may issue a permit under this
section or an authorization under other licenses or permits pursuant to sections 97C.801,
97C.811, and 103G.271 to allow the transport of water in containers or water-related
equipment specifically designed and used for hauling water.

    Sec. 11. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
to read:
    Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
permit to allow the transport of aquatic macrophytes to locations specified in the permit
for purposes of research, education, and decontaminating equipment.

    Sec. 12. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
to read:
    Subd. 2d. Special permits. The commissioner may issue special permits for the
activities in this section. A special permit may be issued in the form of a general permit
to a governmental subdivision or to the general public to conduct one or more activities
under a single permit.

    Sec. 13. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
    Subd. 2. Cumulative remedy. The authority of conservation officers and other
licensed peace officers to issue civil citations is in addition to other remedies available
under law, except that the state may not seek penalties under any other provision of law
for the incident subject to the citation.

    Sec. 14. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
to read:
    Subd. 9. Training for offenders. A person who is convicted of or subject to a final
order for a violation of chapter 84D involving water-related equipment must successfully
complete a training course as provided in section 86B.13.
EFFECTIVE DATE.This section is effective July 1, 2015.

    Sec. 15. Minnesota Statutes 2012, section 85A.02, subdivision 10, is amended to read:
    Subd. 10. Wild animal exemption. (a) The board shall not be subject to the
provisions of chapters 17, 19, 97, 98, 99, 100, and 101 35, 97A, 97B, and 97C, and
section 343.21, subdivision 8, relating to purchase, barter, sale, possession, breeding, or
transporting wild animals, but must comply with paragraph (b).
(b) The board must request a permit from the Board of Animal Health for any
exemption from the provisions of chapter 35 or rules adopted thereunder and from the
Department of Natural Resources for any exemption from the provisions of chapter 97A,
97B, or 97C, or rules adopted thereunder.

    Sec. 16. Minnesota Statutes 2012, section 86B.005, is amended by adding a
subdivision to read:
    Subd. 15a. Rice boat. "Rice boat" means a nonmotorized watercraft being used
for harvesting wild rice.

    Sec. 17. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
    Subd. 18. Watercraft. "Watercraft" means any contrivance used or designed for
navigation on water, except:
(1) a duck waterfowl boat during the duck waterfowl hunting season seasons;
(2) a rice boat during the harvest season; or
(3) a seaplane.

    Sec. 18. Minnesota Statutes 2012, section 86B.005, is amended by adding a
subdivision to read:
    Subd. 18a. Waterfowl boat. "Waterfowl boat" means a watercraft being used
while hunting waterfowl.

    Sec. 19. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
to read:
    Subd. 1a. Training for offenders. A person who is convicted of or subject to
a final order for a violation of chapter 84D involving water-related equipment must
successfully complete the training course in subdivision 1 before continuing operation or
use of water-related equipment.
EFFECTIVE DATE.This section is effective July 1, 2015.

    Sec. 20. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
    Subd. 2. Exemptions. A watercraft license is not required for:
(1) a watercraft that is covered by a license or number in full force and effect under
federal law or a federally approved licensing or numbering system of another state, and
has not been within this state for more than 90 consecutive days, which does not include
days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior
port or another port in the state;
(2) a watercraft from a country other than the United States that has not been within
this state for more than 90 consecutive days, which does not include days that a watercraft is
laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
(3) a watercraft owned by the United States, an Indian tribal government, a state, or
a political subdivision of a state, except watercraft used for recreational purposes;
(4) a ship's lifeboat;
(5) a watercraft that has been issued a valid marine document by the United States
government;
(6) a duck waterfowl boat during duck waterfowl hunting season;
(7) a rice boat during the harvest season;
(8) a seaplane; and
(9) a nonmotorized watercraft ten feet in length or less.

    Sec. 21. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
    Subdivision 1. Personal flotation or lifesaving devices. (a) Watercraft and duck
waterfowl boats using the waters of this state must be equipped with the number and type
of personal flotation or lifesaving devices prescribed by the commissioner.
(b) The commissioner may not:
(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
(2) require persons on sailboards to wear personal flotation or lifesaving devices
or have them readily available.

    Sec. 22. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
    Subd. 2. Exempt watercraft. A watercraft is not required to have a certificate of
title if the watercraft is:
(1) owned by a manufacturer or dealer and held for sale;
(2) used by a manufacturer solely for testing;
(3) from a jurisdiction other than this state, temporarily using the waters of this state;
(4) owned by the United States, a state, this state, or a political subdivision;
(5) a duck waterfowl boat used only during duck waterfowl hunting season;
(6) a rice boat used only during the wild rice harvesting season;
(7) owned by a person, firm, or corporation operating a resort as defined in section
157.15 or a recreational camping area as defined in section 327.14, subdivision 8, except
with respect to a previously titled watercraft; or
(8) watercraft manufactured prior to August 1, 1979.

    Sec. 23. Minnesota Statutes 2012, section 97A.051, subdivision 2, is amended to read:
    Subd. 2. Summary of fish and game laws. (a) The commissioner shall prepare
a summary of the hunting, trapping, and fishing laws and rules and deliver a sufficient
supply to license vendors to furnish one copy to each person obtaining a hunting, fishing,
or trapping license. The commissioner shall also post the summary of laws and rules on
the Department of Natural Resources Web site.
(b) At the beginning of the summary, under the heading "Trespass," the
commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945,
state that conservation officers and peace officers must enforce the trespass laws, and
state the penalties for trespassing.
(c) In the summary the commissioner shall, under the heading "Duty to Render Aid,"
summarize the requirements under section 609.662 and state the penalties for failure to
render aid to a person injured by gunshot.

    Sec. 24. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
    Subd. 3. Cooperative farming agreements. On any public hunting, game refuge,
wildlife management area, aquatic management area, or scientific and natural area lands,
the commissioner may enter into written cooperative farming agreements on a sharecrop
basis, without competitive bidding, for the purpose of wildlife and plant management.
Cooperative farming agreements may also be used to allow pasturing of livestock. The
agreements may provide for the bartering of a share of any crop, produced from these
lands, for services or products that will enhance or benefit the management of state lands
for plant and animal species. Cooperative farming agreements pursuant to this section shall
not be considered leases for tax purposes under section 272.01, subdivision 2, or 273.19.

    Sec. 25. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
    Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the
license of a person who unlawfully takes, transports, or possesses wild animals when the
restitution value of the wild animals exceeds $500. Except as provided in subdivisions
2, 4, and 5, the person may not use or obtain any license to take the same type of wild
animals involved, including a duplicate license, until an action is taken under subdivision
6. If the license seized under this paragraph was for a big game animal, the license seizure
applies to all licenses to take big game issued to the individual. If the license seized under
this paragraph was for small game animals, the license seizure applies to all licenses to
take small game issued to the individual.
(b) In addition to the license seizure under paragraph (a), if the restitution value of
the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other
game and fish licenses held by the person shall be immediately seized. Except as provided
in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit,
including a duplicate license, until an action is taken under subdivision 6.
(c) A person may not take wild animals covered by a license seized under this
subdivision until an action is taken under subdivision 6.

    Sec. 26. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
    Subd. 6. Taking deer; disabled veterans. A person authorized to issue licenses
must issue, without a fee, a an annual or permanent license to take deer with firearms
or by archery to a resident that is a veteran, as defined in section 197.447, and that has
a 100 percent service connected disability as defined by the United States Veterans
Administration upon being furnished satisfactory evidence. A person issued a permanent
license must register and receive tags each year that the license is used. The tags shall be
issued at no charge to the licensee.

    Sec. 27. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
    Subdivision 1. Angling; Take a Kid Fishing Weekends. (a) A resident age 16
years or older may take fish by angling without an angling or license and may take fish
by spearing from a dark house without a spearing or angling license and without a fish
house or dark house license during one three-day consecutive period of the open water
angling season and one three-day consecutive period of the ice angling season designated
by rule of the commissioner if the resident is accompanied by a child who is under age
16. The commissioner may, by written order published in the State Register, establish
the three-day consecutive periods. The written order is not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
    (b) The commissioner shall may designate and publicize the three-day periods as
"Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice
Fishing Weekend" for the ice angling season. The commissioner shall announce the date
of each three-day weekend at least 30 days in advance of the date it occurs.

    Sec. 28. Minnesota Statutes 2012, section 97A.451, is amended by adding a
subdivision to read:
    Subd. 2a. Resident spearing; age 16 or 17. Residents age 16 or 17 may take
fish by spearing without a spearing license.

    Sec. 29. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
    Subd. 3. Residents and nonresidents under age 16; small game. (a) A resident or
nonresident under age 16 may not obtain a small game license but may take small game
by firearms or bow and arrow without a license if the resident or nonresident 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, and 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 as provided under section 97B.022; 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 or nonresident under age 13 must obtain a free turkey license to
take turkey and may take a turkey without a firearms safety certificate if the resident or
nonresident is accompanied by an adult parent or guardian who has a firearms safety
certificate.
    (d) A resident under age 13 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. 30. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
    Subd. 3b. Nonresidents under age 18 age 16 or 17; small game. (a) A nonresident
age 16 or over and under age 18 17 may take small game by firearms or archery and
may obtain a small game license at the youth fee under section 97A.475, subdivision 3,
paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate or an
apprentice hunter validation as provided under section 97B.022.
(b) A nonresident under age 16 may take small game by firearms or archery and may
obtain a small game license without paying the applicable fees under section 97A.475,
subdivisions 3, 4, and 5, if the nonresident 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; or
(3) age 12 or under and is accompanied by a parent or guardian.

    Sec. 31. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
    Subd. 4. Residents and nonresidents under age 13 16; big game. (a) A resident
or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless
the person possesses a firearms safety certificate or an apprentice hunter validation as
provided under section 97B.022. A nonresident age 12 or 13 must be accompanied by a
parent or guardian to hunt big game.
    (b) A resident or nonresident age ten or over and under age 13 11 must obtain a
license under paragraph (c) and 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.
    (c) A resident or nonresident age ten or over and under age 13, 11, or 12 must obtain
a license to take big game and may obtain the license without paying the fee required
under section 97A.475, subdivision 2 or 3.

    Sec. 32. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
    Subd. 5. Nonresident youth; angling or spearing. (a) A nonresident under age
16 may:
(1) take fish by angling without a license if a parent or guardian has a fishing license.
Fish taken by a nonresident under age 16 without a license must be included in the limit
of the parent or guardian;
(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph
(a), clause (8), and possess a limit of fish; or
(3) be included under a nonresident family angling license and possess a limit of fish.
(b) A nonresident age 16 or over and under age 18 17 must purchase a youth license
to angle under section 97A.475, subdivision 7, paragraph (a), clause (8).
(c) A nonresident age 16 or 17 who possesses a fishing license under section
97A.475, subdivision 7, paragraph (a), clause (8), may take fish by spearing without
a spearing license.
(d) A nonresident under age 16 may take fish by spearing without a spearing or
angling license. Limits for fish taken by spearing under this paragraph must comply with
one of the options listed in paragraph (a).

    Sec. 33. Minnesota Statutes 2012, 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, $15.50;
    (2) for persons age 65 or over, $7 to take small game;
    (3) for persons age 18 or over to take turkey, $26;
    (4) for persons age 13 or over and under age 18 to take turkey, $5;
    (5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $30;
    (6) for persons age 18 or over to take deer by archery, $30;
    (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $30;
    (8) to take moose, for a party of not more than six persons, $356;
    (9) to take bear, $44;
    (10) to take elk, for a party of not more than two persons, $287;
    (11) to take Canada geese during a special season, $4;
    (12) to take prairie chickens, $23;
    (13) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season, $5;
    (14) for persons age 13 or over and under age 18 to take deer by archery, $5;
    (15) for persons age 13 or over and under age 18 to take deer by muzzleloader
during the muzzleloader season, $5;
(16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited in the
wildlife acquisition account;
(17) for persons age 16 or over and under age 18 17 to take small game, $5; and
(18) to take wolf, $30.;
(19) for persons age 12 and under to take turkey, no fee;
(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;
(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and
(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.

    Sec. 34. Minnesota Statutes 2012, 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, $90.50;
    (2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $160;
    (3) for persons age 18 or over to take deer by archery, $160;
    (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $160;
    (5) to take bear, $225;
    (6) for persons age 18 or over to take turkey, $91;
    (7) for persons age 13 or over and under age 18 to take turkey, $13 $5;
    (8) to take raccoon or bobcat, $178;
    (9) to take Canada geese during a special season, $4;
    (10) for persons age 13 or over and under age 18 to take deer with firearms during
the regular firearms season in any open season option or time period, $15 $5;
    (11) for persons age 13 or over and under age 18 to take deer by archery, $15 $5;
    (12) for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, $15 $5;
(13) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to: one-half of the fee for the
migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half
of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in
the pheasant habitat improvement account under section 97A.075, subdivision 4; and
one-half of the small game surcharge under subdivision 4, shall be deposited into the
wildlife acquisition account;
(14) for persons age 16 and over and under age 18 or 17 to take small game, $15
$5; and
(15) to take wolf, $250.;
(16) for persons age 12 and under to take turkey, no fee;
(17) for persons age 10, 11, and 12 to take deer by firearm, no fee;
(18) for persons age 10, 11, or 12 to take deer by archery, no fee; and
(19) for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.
    (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed
on this surcharge.

    Sec. 35. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
    Subd. 8. Minnesota sporting; super sports. (a) The commissioner shall issue
Minnesota sporting licenses to residents only. The licensee may take fish by angling
and small game. The fee for the license is:
(1) for an individual, $31.50; and
(2) for a combined license for a married couple to take fish and for one spouse to
take small game, $45.50.
(b) The commissioner shall issue Minnesota super sports licenses to residents only.
The licensee may take fish by angling, including trout; small game, including pheasant
and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super
sports license, including all required stamp validations is:
(1) for an individual age 18 or over, $92.50 $86.50; and
(2) for a combined license for a married couple to take fish, including the trout and
salmon stamp validation, and for one spouse to take small game, including pheasant
and waterfowl, and deer, $118.50 $110.50.
(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited
according to section 97A.075, subdivisions 2, 3, and 4.
(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited
according to section 97A.075, subdivision 1.

    Sec. 36. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
    Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:
    (1) to take deer or bear with firearms and by archery, the issuing fee is $1;
    (2) Minnesota sporting, the issuing fee is $1;
    (3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;
(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application
requires a license purchase at the time of application and the license purchase requires
an application fee;
(5) for a prairie chicken license, the issuing fee is $1;
(6) for a turkey license, the issuing fee is $1;
(7) for an elk license, the issuing fee is $1;
(8) for a moose license, the issuing fee is $1;
(9) for a wolf license, the issuing fee is $1;
    (4) (10) for a stamp validation that is not issued simultaneously with a license, an
issuing fee of 50 cents may be charged at the discretion of the authorized seller;
    (5) (11) for stamp validations issued simultaneously with a license, there is no fee;
    (6) (12) for licenses, seals, tags, or coupons issued without a fee under section
97A.441 or 97A.465, an the issuing fee of 50 cents may be charged at the discretion of
the authorized seller is $1;
    (7) (13) for lifetime licenses, there is no fee; and
    (8) (14) for all other licenses, permits, renewals, or applications or any other
transaction through the electronic licensing system under this chapter or any other chapter
when an issuing fee is not specified, an issuing fee of 50 cents $1 may be charged at the
discretion of the authorized seller.
    (b) Only one issuing fee may be collected when selling more than one stamp in the
same transaction after the end of the season for which the stamp was issued.
    (c) The agent shall keep the issuing fee as a commission for selling the licenses.
    (d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.
    (e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.
    (f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
    (1) for licenses to take big game, 75 cents; and
    (2) for other licenses, 50 cents.
    (g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.

    Sec. 37. Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:
    Subd. 3. Remaining on land prohibited after notice. Except as provided in
subdivision 6, a person may not remain on or return within one year to any land for
outdoor recreation purposes after being orally told personally notified not to do so by
the owner, occupant, or lessee.

    Sec. 38. Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:
    Subd. 4. Entering posted land prohibited; signs. (a) Except as provided in
subdivision 6, a person may not:
(1) enter, for outdoor recreation purposes, any land that is posted under this
subdivision without first obtaining permission of the owner, occupant, or lessee.; or
(2) knowingly enter, for outdoor recreation purposes, any land that is posted under
this subdivision without first obtaining permission of the owner, occupant, or lessee.
A person who violates clause (2) is subject to the penalty provided in section
97A.315, subdivision 1, paragraph (b).
(b) The owner, occupant, or lessee of private land, or an authorized manager of public
land may prohibit outdoor recreation on the land by posting signs once each year that:
(1) state "no trespassing" or similar terms;
(2) display letters at least two inches high;
(3) either:
(i) are signed by the owner, occupant, lessee, or authorized manager; or
(ii) include the legible name and telephone number of the owner, occupant, lessee,
or authorized manager; and
(4) either:
(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded
area where boundary lines are not clear, at intervals of 500 feet or less; or
(ii) mark the primary corners of each parcel of land and access roads and trails at
the point of entrance to each parcel of land except that corners only accessible through
agricultural land need not be posted.
(c) A person may not erect a sign that prohibits outdoor recreation or trespassing
where the person does not have a property right, title, or interest to use the land.

    Sec. 39. Minnesota Statutes 2012, section 97B.0215, is amended to read:
97B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
A parent or legal guardian of a minor may not knowingly direct, allow, or permit
the minor to hunt without the required license, permit, training, or certification, or in
violation of the game and fish laws.

    Sec. 40. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
    Subd. 2. Apprentice hunter validation requirements. (a) A resident or nonresident
born after December 31, 1979, who is age 12 or over and who does not possess a hunter
education firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation may be purchased two license years in a lifetime and used to
obtain hunting licenses during the same license year that the validation is purchased.
    (b) An individual in possession of an apprentice hunter validation may hunt small
game, deer, and bear only when accompanied by an adult licensed to hunt who has a
valid license to hunt the same species of game in Minnesota and whose license was not
obtained using an apprentice hunter validation.
(c) When an individual in possession of an apprentice hunter validation is hunting
turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed
for another permit area or time period but must be licensed for the same season as the
apprentice hunter. If the accompanying adult is not licensed for the same permit area or
time period as the apprentice hunter, the accompanying adult may not shoot or possess a
firearm or bow while accompanying the apprentice hunter under this paragraph.
    (d) An apprentice hunter validation holder must obtain all required licenses and
stamps.

    Sec. 41. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
    Subd. 2. Restrictions related to motor vehicles. A person may not take a wild
animal with a firearm or by archery from a motor vehicle except as permitted in this
section. Notwithstanding section 97B.091, a person may transport a bow uncased while
in an electric motor-powered boat a motorized watercraft and may take rough fish while
in the boat as provided in section 97C.376, subdivision 3.

    Sec. 42. Minnesota Statutes 2012, section 97B.071, is amended to read:
97B.071 BLAZE ORANGE REQUIREMENTS.
    Subdivision 1. Clothing 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.
    Subd. 2. Ground blinds. A person may not hunt deer from a ground blind during
the open season where deer may be taken by firearms unless the outside of the blind
displays a minimum of 144 square inches of blaze orange material that is visible from
all directions around the blind.

    Sec. 43. Minnesota Statutes 2012, section 97B.112, is amended to read:
97B.112 SPECIAL HUNTS FOR YOUTH.
The commissioner may by rule establish criteria, special seasons, and limits for
youth and adult hunters to take big game and small game by firearms or archery in
designated areas or times as part of the agency's overall effort in hunter recruitment and
retention. The criteria may also include provisions for an unlicensed adult to assist a youth
hunter during a special season or special hunt established under this section.

    Sec. 44. Minnesota Statutes 2012, section 97C.341, is amended to read:
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. Notwithstanding paragraphs (b) and (d), the commissioner
may, by written order published in the State Register, adopt rules to authorize the use of
game fish eggs as bait in Lake Superior and its tributaries below the posted boundaries and
prescribe restrictions on their use. The order is exempt from the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present: (1)
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.
    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:
    (1) fresh or frozen bait only on Lake Superior; or
    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.
(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:
(1) water body source;
(2) lot number;
(3) company contact including name, phone, and address;
(4) date of packaging and labeling; and
(5) valid negative fish health certification from the source water body.

    Sec. 45. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
    Subdivision 1. Period when use prohibited. Except as specifically authorized, a
person may not take fish with a spear from the third Monday in February to April 30 with
a spear, the Friday before the last Saturday in April and may not take fish with a fish
trap, net, dip net, seine, or other device capable of taking fish from the third Monday
in February to April 30.

    Sec. 46. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
    Subd. 2. Possession. (a) Except as specifically authorized, a person may not possess
a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
waters. Possession includes personal possession and in a vehicle.
(b) A person may possess spears, dip nets, and spear guns allowed under section
97C.381 on or near waters between sunrise and sunset from May 1 to the last Sunday in
February, or as otherwise prescribed by the commissioner. A person may possess a spear
on or near waters between sunrise and sunset from the last Saturday in April to the last
Sunday in February, or as otherwise prescribed by the commissioner.

    Sec. 47. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
    Subdivision 1. Season. (a) The regular bow fishing season for residents and
nonresidents is from May 1 the last Saturday in April to the last Sunday in February at
any time of the day.
(b) The early bow fishing season for residents and nonresidents is open only south
of State Highway 210 from the Monday after the last Sunday in February to the Friday
before the last Saturday in April at any time of the day. During the early season, a person
may bow fish:
(1) only from a boat; and
(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.

    Sec. 48. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
    Subd. 2. Possession of bows and arrows. A person may possess bows and arrows for
the purposes of bow fishing on or within 100 feet of waters at any time from May 1 the last
Saturday in April to the last Sunday in February and at other times on lakes and the rivers
south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local
ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.

    Sec. 49. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
    Subd. 3. Nighttime restrictions on motors. (a) From sunset to sunrise, a person
bow fishing with the assistance of a gasoline-powered motor must use a four-stroke
engine powered generator. the noise limits for total noise while bow fishing from sunset
to sunrise shall must not exceed a noise level of 65 decibels on the A scale measured at
a distance of 50 feet from the motorboat or equivalent noise levels at other distances as
specified by the commissioner in a pass-by test or 67 decibels on the A scale measured
at idle in a stationary test at least four feet above the water and at least four feet behind
the transom of the motorboat being tested.
(b) The noise limits under paragraph (a) shall be determined under a test procedure
approved by the commissioner under section 86B.321, subdivision 2.
(c) The noise limits in paragraph (a) do not preclude enforcement of other laws
relating to motorboat noise.
(d) The noise levels under section 86B.321 apply to persons traveling to and from
bow fishing sites from sunset to sunrise.

    Sec. 50. [103G.217] DRIFTLESS AREA WATER RESOURCES.
Groundwater discharge from natural springs and seepage areas in the driftless area
of Minnesota, corresponding to the area of the state contained within the boundaries
of the Department of Natural Resources Paleozoic Plateau Ecological Section, is vital
to sustaining the coldwater aquatic ecosystems in the region, as well as recreational,
commercial, agricultural, environmental, aesthetic, and economic well-being. In the area of
the state contained within the boundaries of the Department of Natural Resources Paleozoic
Plateau Ecological Section, the excavation or mining of industrial silica sand by any means,
including digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping,
or shafting is prohibited within one mile of any spring, groundwater seepage area, fen,
designated trout stream, class 2a water as designated in the rules of the Pollution Control
Agency, or any perennially flowing tributary of a designated trout stream or class 2a water.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 51. Minnesota Statutes 2012, section 103G.271, is amended by adding a
subdivision to read:
    Subd. 4b. Driftless area aquifers. (a) The commissioner may not issue water use
permits for the appropriation of groundwater in the area of the state contained within the
boundaries of the Department of Natural Resources Paleozoic Plateau Ecological Section
in connection with (1) the excavation or mining of industrial silica sand by any means,
including digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping,
or shafting, or (2) the transporting, processing, washing, cleaning, screening, crushing,
filtering, or sorting of industrial silica sand.
(b) In the area of the state contained within the boundaries of the Department
of Natural Resources Paleozoic Plateau Ecological Section, the excavation or mining
of industrial silica sand by any means, including digging, excavating, mining, drilling,
blasting, tunneling, dredging, stripping, or shafting is prohibited within 25 feet of the
static water level as measured at the site.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 52. HYBRID AND NARROW-LEAVED CATTAIL CONTROL; LORING
PARK LAKE.
The commissioner of natural resources shall issue a general aquatic plant
management permit to the Minneapolis Park and Recreation Board for Loring Park Lake
in Hennepin County for the mechanical control of hybrid and narrow-leaved cattails.

    Sec. 53. RULEMAKING; GAME FISH EGGS AS BAIT.
(a) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0100, by adding a subpart to read:
"Spawn bags may be bought or sold only if the bags are made with:
A. fish eggs from a licensed aquaculture facility; or
B. fish eggs that are:
(1) legally taken from a source outside Minnesota that has been certified disease-free;
and
(2) preserved and labeled as required under a bait preservation permit. Records must
be maintained as required for bait preservation permits."
(b) The commissioner of natural resources shall amend Minnesota Rules, part
6262.0300, subpart 5, to read:
"A. Except as provided in this subpart, the taking of fish for bait purposes from all
Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of
the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows,
estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.
B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
97C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake
Superior or its tributaries below the posted boundaries may be used to make spawn bags
for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341,
paragraph (a). Spawn bags may be used only in Lake Superior and its tributaries below
the posted boundaries and may be transported to and from Lake Superior or its tributaries
below the posted boundaries."
(c) 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. 54. RULEMAKING; SPEARING ROUGH FISH.
The commissioner of natural resources shall amend Minnesota Rules, part
6262.0600, to make seasons for spearing rough fish consistent with the date changes
in sections 45 and 46. 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. 55. RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL
CRANES.
(a) The commissioner of natural resources shall amend Minnesota Rules, part
6133.0030, by adding a new item establishing the wildlife restitution value of $200 for a
sandhill crane.
(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. 56. RULEMAKING; REMOVING SPEARING RESTRICTIONS.
The commissioner of natural resources shall amend Minnesota Rules, part
6264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing
for the following lakes: Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar,
Eagle, Owasso, North Star, Moose, and Spider. 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. 57. REPORT TO LEGISLATURE.
By January 15, 2014, the commissioner of natural resources, after consultation
with the Board of Animal Health, the Farmed Cervid Advisory Committee, and other
interested parties, shall report to the chairs and ranking minority members of the house
of representatives and senate committees with jurisdiction over environment and natural
resources policy and finance on the costs of destruction of escaped farmed cervids by
the Department of Natural Resources. The report shall include recommendations for
recovery of the costs and methods to reduce the incidence or amount of those costs, and
any necessary changes in statutes or rules to implement those recommendations.

    Sec. 58. REVISOR'S INSTRUCTION.
The revisor of statutes shall replace the term "duck boat" with the term "waterfowl
boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.

    Sec. 59. REPEALER.
Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
4a; and 97C.346, are repealed.