1.2relating to natural resources; modifying aquaculture provisions; modifying
1.3compensation and assistance provisions for crop damage by elk; modifying
1.4definitions; modifying requirements for fish and wildlife management plans;
1.5modifying provisions for taking, possessing, and transporting wild animals;
1.6modifying penalty and license provisions; modifying duties of the Board of
1.7Water and Soil Resources; modifying feedlot exemption; modifying certain
1.8immunities from liability; approving certain consumptive use of water;
1.9extending certain interest in land; limiting landowner liability for state walk-in
1.10access program; requiring rulemaking; requiring reports; providing criminal
1.11penalties;amending Minnesota Statutes 2010, sections 3.7371; 16C.055,
1.12subdivision 2; 17.4982, subdivisions 8, 12, 13, by adding a subdivision; 17.4991,
1.13subdivision 3; 17.4992, subdivision 4; 17.4994; 84.92, subdivisions 8, 9, 10;
1.1484.942, subdivision 1; 84.95, subdivision 2; 84D.11, subdivision 2a; 97A.015,
1.15subdivisions 24, 45, 49, 52, 55; 97A.028, subdivision 3; 97A.075, subdivision
1.166; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.321, subdivision 1;
1.1797A.331, by adding a subdivision; 97A.405, subdivision 2; 97A.415, subdivision
1.182; 97A.425, subdivision 3; 97A.433, by adding a subdivision; 97A.435,
1.19subdivision 1; 97A.445, subdivision 1a; 97A.465, subdivision 5; 97A.475,
1.20subdivision 7; 97A.502; 97A.505, subdivision 2; 97A.545, subdivision 5;
1.2197B.022, subdivision 2; 97B.031, subdivision 5; 97B.041; 97B.045, subdivision
1.223; 97B.055, subdivision 3; 97B.075; 97B.106, subdivision 1; 97B.211,
1.23subdivision 1; 97B.325; 97B.405; 97B.425; 97B.515, by adding a subdivision;
1.2497B.645, subdivision 9; 97B.667; 97B.803; 97C.005, subdivision 3; 97C.081,
1.25subdivision 3, by adding a subdivision; 97C.087, subdivision 2; 97C.205;
1.2697C.211, subdivision 5; 97C.341; 103B.101, subdivision 9; 116.07, subdivision
1.277d; 604A.12; 604A.24; proposing coding for new law in Minnesota Statutes,
1.28chapters 17; 97B; 97C; 348; repealing Minnesota Statutes 2010, sections 84.942,
1.29subdivisions 2, 3, 4; 97A.015, subdivisions 26b, 27b, 27c; 97A.435, subdivision
1.305; 97B.511; 97B.515, subdivision 3; 97C.081, subdivision 2.
1.31BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.32    Section 1. Minnesota Statutes 2010, section 3.7371, is amended to read:
1.333.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY
1.34ELK.
2.1    Subdivision 1. Authorization. Notwithstanding section 3.736, subdivision 3,
2.2paragraph (e), or any other law, a person who owns an agricultural crop or pasture shall
2.3be compensated by the commissioner of agriculture for an agricultural crop, or fence
2.4surrounding the crop or pasture, that is damaged or destroyed by elk as provided in this
2.5section.
2.6    Subd. 2. Claim form. The crop or pasture owner must prepare a claim on forms
2.7provided by the commissioner and available at the county extension agent's office. The
2.8claim form must be filed with the commissioner. A claim form may not be filed for crop
2.9damage or destruction that occurs before June 3, 1987.
2.10    Subd. 3. Compensation. The crop owner is entitled to the target price or the
2.11market price, whichever is greater, of the damaged or destroyed crop plus adjustments
2.12for yield loss determined according to agricultural stabilization and conservation service
2.13programs for individual farms, adjusted annually, as determined by the commissioner,
2.14upon recommendation of the county extension agent for the owner's county. Verification
2.15of fence damage or destruction by elk may be provided by submitting photographs or
2.16other evidence and documentation together with a statement from an independent witness
2.17using forms prescribed by the commissioner. The commissioner, upon recommendation
2.18of the agent, shall determine whether the crop damage or destruction or damage to or
2.19destruction of a fence surrounding a crop or pasture is caused by elk and, if so, the amount
2.20of the crop or fence that is damaged or destroyed. In any fiscal year, a crop an owner
2.21may not be compensated for a damaged or destroyed crop or fence surrounding a crop
2.22or pasture that is less than $100 in value and may be compensated up to $20,000, as
2.23determined under this section, if normal harvest procedures for the area are followed. In
2.24any fiscal year, the commissioner may provide compensation for claims filed under this
2.25section up to the amount expressly appropriated for this purpose.
2.26    Subd. 4. Insurance deduction. Payments authorized by this section must be
2.27reduced by amounts received by the owner as proceeds from an insurance policy covering
2.28crop losses or damage to or destruction of a fence surrounding a crop or pasture, or from
2.29any other source for the same purpose including, but not limited to, a federal program.
2.30    Subd. 5. Decision on claims; opening land to hunting. If the commissioner finds
2.31that the crop or pasture owner has shown that the damage or destruction of the owner's
2.32crop or damage to or destruction of a fence surrounding a crop or pasture was caused more
2.33probably than not by elk, the commissioner shall pay compensation as provided in this
2.34section and the rules of the commissioner. Total compensation to all claimants shall not
2.35exceed the amount of funds appropriated for Laws 1987, chapter 373. A crop owner who
3.1receives compensation under this section may, by written permission, permit hunting
3.2on the land at the landowner's discretion.
3.3    Subd. 6. Denial of claim; appeal. (a) If the commissioner denies compensation
3.4claimed by a crop or pasture owner under this section, the commissioner shall issue a
3.5written decision based upon the available evidence including a statement of the facts upon
3.6which the decision is based and the conclusions on the material issues of the claim. A
3.7copy of the decision must be mailed to the crop or pasture owner.
3.8(b) A decision denying compensation claimed under this section is not subject to the
3.9contested case review procedures of chapter 14, but a crop or pasture owner may have
3.10the claim reviewed in a trial de novo in a court in the county where the loss occurred.
3.11The decision of the court may be appealed as in other civil cases. Review in court may
3.12be obtained by filing a petition for review with the administrator of the court within 60
3.13days following receipt of a decision under this section. Upon the filing of a petition, the
3.14administrator shall mail a copy to the commissioner and set a time for hearing within
3.1590 days after the filing.
3.16    Subd. 7. Rules. The commissioner shall adopt rules and may adopt emergency
3.17rules and amend rules to carry out this section. The commissioner may use the expedited
3.18rulemaking process in section 14.389 to adopt and amend rules authorized in this section.
3.19The rules must include:
3.20(1) methods of valuation of crops damaged or destroyed;
3.21(2) criteria for determination of the cause of the crop damage or destruction;
3.22(3) notice requirements by the owner of the damaged or destroyed crop; and
3.23(4) compensation rates for fence damage or destruction that shall include a minimum
3.24claim of $75.00 per incident and a maximum of $1,800 per claimant per fiscal year; and
3.25(5) any other matters determined necessary by the commissioner to carry out this
3.26section.

3.27    Sec. 2. Minnesota Statutes 2010, section 16C.055, subdivision 2, is amended to read:
3.28    Subd. 2. Restriction. After July 1, 2002, an agency may not enter into a contract or
3.29otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
3.30valued at more than $100,000 annually in exchange for the agency providing nonmonetary
3.31consideration, unless such an agreement is specifically authorized by law. This subdivision
3.32does not apply to the State Lottery or private aquaculture businesses involved in state
3.33stocking contracts.

3.34    Sec. 3. Minnesota Statutes 2010, section 17.4982, subdivision 8, is amended to read:
4.1    Subd. 8. Containment facility. "Containment facility" means a licensed facility for
4.2salmonids or, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible
4.3list published by the United States Department of Agriculture, Animal and Plant Health
4.4Inspection Services, that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
4.5(1) disinfects its effluent to the standards in section 17.4991 before the effluent is
4.6discharged to public waters;
4.7(2) does not discharge to public waters or to waters of the state directly connected to
4.8public waters;
4.9(3) raises aquatic life that is prohibited from being released into the wild and must be
4.10kept in a facility approved by the commissioner unless processed for food consumption;
4.11(4) contains aquatic life requiring a fish health inspection prior to transportation.

4.12    Sec. 4. Minnesota Statutes 2010, section 17.4982, is amended by adding a subdivision
4.13to read:
4.14    Subd. 10a. Fish collector. "Fish collector" means an individual who has been
4.15certified under section 17.4989 to oversee the collection of fish samples from a facility or
4.16a water body for disease testing by a certified laboratory.

4.17    Sec. 5. Minnesota Statutes 2010, section 17.4982, subdivision 12, is amended to read:
4.18    Subd. 12. Fish health inspection. (a) "Fish health inspection" means an on-site,
4.19statistically based sampling, collection, and testing of fish in accordance with processes
4.20in the Fish Health Blue Book for all lots of fish in a facility or the Diagnostic Manual
4.21for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE)
4.22to test for causative pathogens. The samples for inspection must be collected by a fish
4.23health inspector or a fish collector in cooperation with the producer. Testing of samples
4.24must be done by an approved laboratory.
4.25(b) The inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic
4.26necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and for VHS in
4.27nonsalmonids must include at least a minimum viral testing of ovarian fluids at the 95
4.28percent confidence level of detecting two percent incidence of disease (ovarian fluids must
4.29be sampled for certification of viral hemorrhagic septicemia and infectious hematopoietic
4.30necrosis). Bacterial diseases must be sampled at the 95 percent confidence level with a
4.31five percent incidence of disease. The inspection must be performed by a fish health
4.32inspector in cooperation with the producer with subsequent examination of the collected
4.33tissues and fluids for the detection of certifiable diseases.
5.1(c) The inspection for certifiable diseases for wild fish must follow the guidelines of
5.2the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.

5.3    Sec. 6. Minnesota Statutes 2010, section 17.4982, subdivision 13, is amended to read:
5.4    Subd. 13. Fish health inspector. "Fish health inspector" means an individual
5.5certified as a fish health inspector or an aquatic animal health inspector by the American
5.6Fisheries Society or state, federal, or provincial resource management agency, except
5.7that a certification may not be made by an inspector who has a conflict of interest in
5.8connection with the outcome of the certification.

5.9    Sec. 7. [17.4989] FISH SAMPLE COLLECTING.
5.10    Subdivision 1. Training. Fish collector training may be offered by any organization
5.11or agency that has had its class and practicum syllabus approved by the commissioner.
5.12The class and practicum must include the following components:
5.13(1) accurate identification of licensed water bodies listed according to section
5.1417.4984 and ensuring that collection is taking place at the correct site;
5.15(2) identification of fish internal organs;
5.16(3) fish dissection and sample preparation as identified by the Department of Natural
5.17Resources based on specific testing requirements or as outlined in the Fish Health
5.18Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the
5.19International Office of Epizootics (OIE);
5.20(4) recording and reporting data;
5.21(5) sample preparation and shipping;
5.22(6) a field collection site test to demonstrate mastery of the necessary skills, overseen
5.23by a certified fish health inspector; and
5.24(7) a certificate of successful completion signed by a certified fish health inspector
5.25on a form provided by the commissioner.
5.26    Subd. 2. Certification time period. Fish collector certification is valid for five years
5.27and is not transferable. A person may renew certification only by successfully completing
5.28certification training. Certification shall be revoked if the certified person is convicted
5.29of violating any of the statutes or rules governing testing for aquatic species diseases.
5.30Certification may be suspended during an investigation associated with misconduct or
5.31violations of fish health testing and collection. The commissioner shall notify the person
5.32that certification is being revoked or suspended.
6.1    Subd. 3. Conflict of interest. A fish collector may not oversee the collection of fish
6.2from a facility or a water body when the collector has a conflict of interest in connection
6.3with the outcome of the testing.

6.4    Sec. 8. Minnesota Statutes 2010, section 17.4991, subdivision 3, is amended to read:
6.5    Subd. 3. Fish health inspection. (a) An aquatic farm propagating trout, salmon,
6.6or salmonids, catfish, or species on the viral hemorrhagic septicemia (VHS) susceptible
6.7list published by the United States Department of Agriculture, Animal and Plant Health
6.8Inspection Services, and having an effluent discharge from the aquatic farm into public
6.9waters must have a fish health inspection conducted at least once every 12 months by a
6.10certified fish health inspector. Testing must be conducted according to approved laboratory
6.11methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
6.12Diseases, published by the International Office of Epizootics (OIE).
6.13(b) An aquatic farm propagating any species on the VHS susceptible list and having
6.14an effluent discharge from the aquatic farm into public waters must test for VHS virus
6.15using the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
6.16Animal Diseases. The commissioner may, by written order published in the State Register,
6.17prescribe alternative testing time periods and methods from those prescribed in the Fish
6.18Health Blue Book or the OIE Diagnostic Manual if the commissioner determines that
6.19biosecurity measures will not be compromised. These alternatives are not subject to the
6.20rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner
6.21must provide reasonable notice to affected parties of any changes in testing requirements.
6.22(c) Results of fish health inspections must be provided to the commissioner for all
6.23fish that remain in the state. All data used to prepare and issue a fish health certificate must
6.24be maintained for three years by the issuing fish health inspector, approved laboratory, or
6.25accredited veterinarian.
6.26(d) A health inspection fee must be charged based on each lot of fish sampled. The
6.27fee by check or money order payable to the Department of Natural Resources must be
6.28prepaid or paid at the time a bill or notice is received from the commissioner that the
6.29inspection and processing of samples is completed.
6.30(c) (e) Upon receipt of payment and completion of inspection, the commissioner
6.31shall notify the operator and issue a fish health certificate. The certification must be made
6.32according to the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
6.33Diseases by a person certified as a fish health inspector.
6.34(d) (f) All aquatic life in transit or held at transfer stations within the state may
6.35be inspected by the commissioner. This inspection may include the collection of stock
7.1for purposes of pathological analysis. Sample size necessary for analysis will follow
7.2guidelines listed in the Fish Health Blue Book or the Diagnostic Manual for Aquatic
7.3Animal Diseases.
7.4(e) (g) Salmonids and, catfish, or species on the VHS susceptible list must have a
7.5fish health inspection before being transported from a containment facility, unless the
7.6fish are being transported directly to an outlet for processing or other food purposes or
7.7unless the commissioner determines that an inspection is not needed. A fish health
7.8inspection conducted for this purpose need only be done on the lot or lots of fish that will
7.9be transported. The commissioner must conduct a fish health inspection requested for this
7.10purpose within five working days of receiving written notice. Salmonids and catfish may
7.11be immediately transported from a containment facility to another containment facility
7.12once a sample has been obtained for a health inspection or once the five-day notice
7.13period has expired.

7.14    Sec. 9. Minnesota Statutes 2010, section 17.4992, subdivision 4, is amended to read:
7.15    Subd. 4. Sale of eggs by the state. The commissioner may offer for sale or barter
7.16as eggs or fry up to two percent of from the department's annual game fish egg harvest.
7.17Additional eggs or fry may be sold if they are surplus to this state's program needs.

7.18    Sec. 10. Minnesota Statutes 2010, section 17.4994, is amended to read:
7.1917.4994 SUCKER EGGS.
7.20Sucker eggs may be taken from public waters with a sucker egg license endorsement,
7.21which authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres
7.22of licensed surface waters except that for intensive culture systems, sucker eggs may be
7.23taken at a rate of two quarts per 1,000 muskellunge fry being reared for the fee prescribed
7.24in section 97A.475, subdivision 29. The Taking of sucker eggs from public waters is
7.25subject to chapter 97C and may be supervised by the commissioner. The commissioner
7.26may limit the amount of sucker eggs that a person with a sucker egg license endorsement
7.27may take based on the number of sucker eggs taken historically by the licensee, new
7.28requests for eggs, and the condition of the spawning runs at those historical streams and
7.29rivers that have produced previous annual quotas.

7.30    Sec. 11. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
7.31    Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
7.32motorized flotation-tired vehicle of not less than three low pressure tires, but not more
7.33than equipped with three to six nonhighway tires, that is limited in engine displacement
8.1of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class
8.22 all-terrain vehicle. All-terrain vehicle does not include a golf cart; a mini-truck; a
8.3dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
8.4agriculture, logging, or mining purposes.
8.5EFFECTIVE DATE.This section is effective the day following final enactment
8.6and if 2011 S.F. No. 1115 is enacted and includes a provision that amends this section
8.7in a manner that is different from the amendment in this section, the amendment in this
8.8section supersedes the amendment in 2011 S.F. No. 1115, notwithstanding Minnesota
8.9Statutes, section 645.26.

8.10    Sec. 12. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
8.11    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
8.12all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled
8.13seat.

8.14    Sec. 13. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
8.15    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
8.16all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of 1,000 to
8.171,800 pounds or less, and has a manufacturer's published width of 68 inches or less.

8.18    Sec. 14. Minnesota Statutes 2010, section 84.942, subdivision 1, is amended to read:
8.19    Subdivision 1. Preparation. The commissioner of natural resources shall prepare
8.20a comprehensive fish and wildlife management plan plans designed to accomplish the
8.21policy of section 84.941. The comprehensive fish and wildlife management plan shall
8.22include a strategic plan as outlined in subdivision 2. The strategic plan must be completed
8.23by July 1, 1986. The management plan must also include the long-range and operational
8.24plans as described in subdivisions 3 and 4. The management plan must be completed by
8.25July 1, 1988.

8.26    Sec. 15. Minnesota Statutes 2010, section 84.95, subdivision 2, is amended to read:
8.27    Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesota
8.28resources fund may only be spent for the following fish and wildlife conservation
8.29enhancement purposes:
8.30(1) development and implementation of the comprehensive fish and wildlife
8.31management plan plans under section 84.942;
9.1(2) implementation of the reinvest in Minnesota reserve program established by
9.2section 103F.515;
9.3(3) soil and water conservation practices to improve water quality, reduce soil
9.4erosion and crop surpluses;
9.5(4) enhancement or restoration of fish and wildlife habitat on lakes, streams,
9.6wetlands, and public and private forest lands;
9.7(5) acquisition and development of public access sites and recreation easements to
9.8lakes, streams, and rivers for fish and wildlife oriented recreation;
9.9(6) matching funds with government agencies, federally recognized Indian tribes and
9.10bands, and the private sector for acquisition and improvement of fish and wildlife habitat;
9.11(7) research and surveys of fish and wildlife species and habitat;
9.12(8) enforcement of natural resource laws and rules;
9.13(9) information and education;
9.14(10) implementing the aspen recycling program under section 88.80 and for other
9.15forest wildlife management projects; and
9.16(11) necessary support services to carry out these purposes.

9.17    Sec. 16. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
9.18    Subd. 2a. Harvest of bait from infested waters. The commissioner may issue a
9.19permit to allow the harvest of bait:
9.20    (1) from waters that are designated as infested waters, except those designated
9.21because they contain prohibited invasive species of fish or certifiable diseases of fish as
9.22defined in section 17.4982, subdivision 6; and
9.23    (2) from infested waters as allowed under section 97C.341, paragraph (c).
9.24    The permit shall include conditions necessary to avoid spreading aquatic invasive
9.25species. Before receiving a permit, a person annually must satisfactorily complete aquatic
9.26invasive species-related training provided by the commissioner.
9.27EFFECTIVE DATE.This section is effective the day following final enactment.

9.28    Sec. 17. Minnesota Statutes 2010, section 97A.015, subdivision 24, is amended to read:
9.29    Subd. 24. Game birds. "Game birds" means migratory waterfowl, ring-necked
9.30pheasant, ruffed grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
9.31partridge, bobwhite quail, wild turkeys, coots, gallinules, sora and Virginia rails, mourning
9.32dove, sandhill crane, American woodcock, and common snipe.

9.33    Sec. 18. Minnesota Statutes 2010, section 97A.015, subdivision 45, is amended to read:
10.1    Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel,
10.2cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, gray wolf, red fox
10.3and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink,
10.4otter, and beaver.

10.5    Sec. 19. Minnesota Statutes 2010, section 97A.015, subdivision 49, is amended to read:
10.6    Subd. 49. Undressed bird. "Undressed bird" means:
10.7(1) a bird, excluding migratory waterfowl, pheasant, Hungarian partridge, turkey, or
10.8grouse ducks, with feet and a fully feathered head wing intact;
10.9(2) a migratory waterfowl, excluding geese, duck with a fully feathered wing and
10.10head attached; or
10.11(3) a pheasant, Hungarian partridge, or wild turkey, or grouse with one leg and foot
10.12or the fully feathered head or wing intact; or
10.13(4) a goose with a fully feathered wing attached.

10.14    Sec. 20. Minnesota Statutes 2010, section 97A.015, subdivision 52, is amended to read:
10.15    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow,
10.16blackbird, starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar
10.17partridge, quail other than bobwhite quail, and mute swan.

10.18    Sec. 21. Minnesota Statutes 2010, section 97A.015, subdivision 55, is amended to read:
10.19    Subd. 55. Wild animals. "Wild animals" means all living creatures, whether dead or
10.20alive, not human, wild by nature, endowed with sensation and power of voluntary motion,
10.21and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks.
10.22EFFECTIVE DATE.This section is effective the day following final enactment.

10.23    Sec. 22. Minnesota Statutes 2010, section 97A.028, subdivision 3, is amended to read:
10.24    Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of
10.25this subdivision, "cooperative damage management agreement" means an agreement
10.26between a landowner or tenant and the commissioner that establishes a program for
10.27addressing the problem of destruction of the landowner's or tenant's specialty crops or
10.28stored forage crops by wild animals, or destruction of agricultural crops by flightless
10.29Canada geese, or destruction of agricultural crops or pasture by elk within the native elk
10.30range, as determined by the commissioner.
10.31    (b) A landowner or tenant may apply to the commissioner for emergency deterrent
10.32materials assistance in controlling destruction of the landowner's or tenant's specialty
11.1crops or stored forage crops by wild animals, or destruction of agricultural crops by
11.2flightless Canada geese, or destruction of agricultural crops or pasture by elk within the
11.3native elk range, as determined by the commissioner. Subject to the availability of money
11.4appropriated for this purpose, the commissioner shall provide suitable deterrent materials
11.5when the commissioner determines that:
11.6    (1) immediate action is necessary to prevent significant damage from continuing; and
11.7    (2) a cooperative damage management agreement cannot be implemented
11.8immediately.
11.9    (c) A person may receive emergency deterrent materials assistance under this
11.10subdivision more than once, but the cumulative total value of deterrent materials provided
11.11to a person, or for use on a parcel, may not exceed $3,000 $5,000 for specialty crops,
11.12$750 $1,500 for protecting stored forage crops other than silage or grain, $3,000 for stored
11.13silage or grain, or $500 $1,000 for agricultural crops damaged by flightless Canada geese.
11.14The value of deterrent materials provided to a person to help protect stored forage crops,
11.15agricultural crops, or pasture from damage by elk may not exceed $5,000. If a person is a
11.16co-owner or cotenant with respect to the specialty crops for which the deterrent materials
11.17are provided, the deterrent materials are deemed to be "provided" to the person for the
11.18purposes of this paragraph.
11.19    (d) As a condition of receiving emergency deterrent materials assistance under this
11.20subdivision, a landowner or tenant shall enter into a cooperative damage management
11.21agreement with the commissioner. Deterrent materials provided by the commissioner may
11.22include repellents, fencing materials, or other materials recommended in the agreement
11.23to alleviate the damage problem. If requested by a landowner or tenant, any fencing
11.24materials provided must be capable of providing long-term protection of specialty crops.
11.25A landowner or tenant who receives emergency deterrent materials assistance under
11.26this subdivision shall comply with the terms of the cooperative damage management
11.27agreement.

11.28    Sec. 23. Minnesota Statutes 2010, section 97A.075, subdivision 6, is amended to read:
11.29    Subd. 6. Walleye stamp. (a) Revenue from walleye stamps must be credited to the
11.30walleye stamp account. Money in the account must be used only for stocking walleye
11.31walleyes purchased from the private sector in waters of the state and related activities.
11.32    (b) Money in the account may not be used for costs unless they are directly related to
11.33a specific body of water under paragraph (a), or for costs associated with supplies and
11.34equipment to implement walleye stocking activities under paragraph (a).

12.1    Sec. 24. Minnesota Statutes 2010, section 97A.101, subdivision 3, is amended to read:
12.2    Subd. 3. Fishing may not be restricted. Seasons or methods of taking fish other
12.3than minnows may not be restricted under this section.

12.4    Sec. 25. Minnesota Statutes 2010, section 97A.311, subdivision 5, is amended to read:
12.5    Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not
12.6including any issuing fees paid under section 97A.485, subdivision 6, if the request is
12.7received within 90 days of the original license purchase and:
12.8    (1) the licensee dies before the opening of the licensed season. The original license
12.9and a copy of the death certificate must be provided to the commissioner;
12.10    (2) the licensee is unable to participate in the licensed activity because the licensee is
12.11called to active military duty or military leave is canceled during the entire open season of
12.12the licensed activity. The original license and a copy of the military orders or notice of
12.13cancellation of leave must be provided to the commissioner; or
12.14    (3) the licensee purchased two licenses for the same license season in error.; or
12.15(4) the licensee was not legally required to purchase the license to participate
12.16in the activity.
12.17    (b) This subdivision does not apply to lifetime licenses.

12.18    Sec. 26. Minnesota Statutes 2010, section 97A.321, subdivision 1, is amended to read:
12.19    Subdivision 1. Owner responsibility; penalty amount. The owner of a dog that
12.20pursues but does not kill or mortally wound a big game animal is subject to a civil penalty
12.21of $100 for each violation. The owner of a dog that kills or mortally wounds a big game
12.22animal is subject to a civil penalty of $500 for each violation.

12.23    Sec. 27. Minnesota Statutes 2010, section 97A.331, is amended by adding a
12.24subdivision to read:
12.25    Subd. 4a. Hunting big game while under revocation. Notwithstanding section
12.2697A.421, subdivision 7, a person who takes big game during the time the person is
12.27prohibited from obtaining a license to take big game under section 97A.421 is guilty
12.28of a gross misdemeanor.

12.29    Sec. 28. Minnesota Statutes 2010, section 97A.405, subdivision 2, is amended to read:
12.30    Subd. 2. Personal possession. (a) A person acting under a license or traveling from
12.31an area where a licensed activity was performed must have in personal possession either:
12.32(1) the proper license, if the license has been issued to and received by the person; or (2)
13.1the proper license identification number or stamp validation, if the license has been sold to
13.2the person by electronic means but the actual license has not been issued and received.
13.3    (b) If possession of a license or a license identification number is required, a person
13.4must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
13.5license if the license has been issued to and received by the person; or (2) the proper
13.6license identification number or stamp validation and a valid state driver's license, state
13.7identification card, or other form of identification provided by the commissioner, if the
13.8license has been sold to the person by electronic means but the actual license has not been
13.9issued and received. A person charged with violating the license possession requirement
13.10shall not be convicted if the person produces in court or the office of the arresting officer,
13.11the actual license previously issued to that person, which was valid at the time of arrest,
13.12or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
13.13request of a conservation officer or peace officer, a licensee shall write the licensee's name
13.14in the presence of the officer to determine the identity of the licensee.
13.15    (c) If the actual license has been issued and received, a receipt for license fees, a
13.16copy of a license, or evidence showing the issuance of a license, including the license
13.17identification number or stamp validation, does not entitle a licensee to exercise the rights
13.18or privileges conferred by a license.
13.19    (d) A license issued electronically and not immediately provided to the licensee
13.20shall be mailed to the licensee within 30 days of purchase of the license. A pictorial
13.21migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to
13.22the licensee after purchase of a stamp validation only if the licensee pays an additional $2
13.23fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey
13.24stamp may be purchased for a $2 fee. that covers the costs of producing and mailing the
13.25pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written
13.26order published in the State Register, establish fees for providing the pictorial stamps.
13.27The fees must be set in an amount that does not recover significantly more or less than
13.28the cost of producing and mailing the stamps. The fees are not subject to the rulemaking
13.29provisions of chapter 14, and section 14.386 does not apply.

13.30    Sec. 29. Minnesota Statutes 2010, section 97A.415, subdivision 2, is amended to read:
13.31    Subd. 2. Transfer prohibited. A person may not lend, transfer, borrow, or solicit
13.32a license or permit, license identification number, application for a license or permit,
13.33coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag,
13.34or seal not issued to the person unless otherwise expressly authorized. A person may
13.35transfer a license, as prescribed by the commissioner, for use by a person with a severe
14.1disability or critical illness who is participating in a hunting or fishing program sponsored
14.2by a nonprofit organization.

14.3    Sec. 30. Minnesota Statutes 2010, section 97A.425, subdivision 3, is amended to read:
14.4    Subd. 3. Reports. Except for persons licensed to mount specimens of wild
14.5animals, an annual report covering the preceding license year must be submitted to the
14.6commissioner by March 15. The commissioner may require other reports for statistical
14.7purposes. The reports must be on forms supplied or approved by the commissioner.

14.8    Sec. 31. Minnesota Statutes 2010, section 97A.433, is amended by adding a
14.9subdivision to read:
14.10    Subd. 5. Mandatory separate selection. The commissioner must conduct
14.11a separate selection for 20 percent of the elk licenses to be issued each year. Only
14.12individuals who have applied at least ten times for an elk license and who have never
14.13received a license are eligible for this separate selection.

14.14    Sec. 32. Minnesota Statutes 2010, section 97A.435, subdivision 1, is amended to read:
14.15    Subdivision 1. Number of licenses to be issued License issuance. The
14.16commissioner shall include in a rule setting the dates for a turkey season the number of
14.17licenses to be issued rules setting turkey seasons the methods for issuing licenses for
14.18those seasons.

14.19    Sec. 33. Minnesota Statutes 2010, section 97A.445, subdivision 1a, is amended to read:
14.20    Subd. 1a. Angling in a state park. (a) A resident may take fish by angling without
14.21an angling license:
14.22(1) when shore fishing or wading on state-owned land within a state park.; or
14.23(2) when angling from a boat or float, this subdivision applies only to those or
14.24through the ice on water bodies completely encompassed within the statutory boundary of
14.25the state park.
14.26(b) The exemption from an angling license does not apply to waters where a trout
14.27stamp is required.

14.28    Sec. 34. Minnesota Statutes 2010, section 97A.465, subdivision 5, is amended to read:
14.29    Subd. 5. Preference to service members. (a) For purposes of this subdivision:
14.30(1) "qualified service member or veteran" means a Minnesota resident who:
15.1(i) is currently serving, or has served at any time during the past 24 months, in active
15.2service as a member of the United States armed forces, including the National Guard or
15.3other military reserves;
15.4(ii) has received a Purple Heart medal for qualifying military service, as shown by
15.5official military records; or
15.6(iii) has a service-connected disability rated at 100 percent as defined by the United
15.7States Department of Veterans Affairs; and
15.8(2) "active service" means service defined under section 190.05, subdivision 5b or 5c.
15.9(b) Notwithstanding any other provision of this chapter, chapter 97B or 97C, or
15.10administrative rules, the commissioner may give first preference to qualified service
15.11members or veterans in any drawing or lottery involving the selection of applicants for
15.12hunting or fishing licenses, permits, and special permits. This subdivision does not
15.13apply to licenses or permits for taking moose, elk, or prairie chickens. Actions of the
15.14commissioner under this subdivision are not rules under the Administrative Procedure Act
15.15and section 14.386 does not apply.

15.16    Sec. 35. Minnesota Statutes 2010, section 97A.475, subdivision 7, is amended to read:
15.17    Subd. 7. Nonresident fishing. (a) Fees for the following licenses, to be issued
15.18to nonresidents, are:
15.19    (1) to take fish by angling, $37.50;
15.20    (2) to take fish by angling limited to seven consecutive days selected by the licensee,
15.21$26.50;
15.22    (3) to take fish by angling for a 72-hour period selected by the licensee, $22;
15.23    (4) to take fish by angling for a combined license for a family for one or both parents
15.24and dependent children under the age of 16, $50.50;
15.25    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50;
15.26    (6) to take fish by angling for a combined license for a married couple, limited to 14
15.27consecutive days selected by one of the licensees, $38.50; and
15.28(7) to take fish by spearing from a dark house, $37.50.
15.29    (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses
15.30issued under paragraph (a), clause (5), and licenses purchased at the resident fee by
15.31nonresidents under age 16 under section 97A.451, subdivision 5, paragraph (b). An
15.32additional commission may not be assessed on this surcharge.

15.33    Sec. 36. Minnesota Statutes 2010, section 97A.502, is amended to read:
15.3497A.502 DEER KILLED BY MOTOR VEHICLES.
16.1(a) Deer killed by a motor vehicle on a public road must be removed by the road
16.2authority, as defined by section 160.02, subdivision 25, unless the driver of the motor
16.3vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural
16.4resources must provide to all road authorities standard forms for statistical purposes and
16.5the tracking of wild animals.
16.6(b) The driver of a motor vehicle that has collided with and killed a deer on a public
16.7road has priority for a possession permit for the entire deer if the facts indicate that the
16.8deer was not taken illegally.

16.9    Sec. 37. Minnesota Statutes 2010, section 97A.505, subdivision 2, is amended to read:
16.10    Subd. 2. Possession of unlawful animals brought into state prohibited. (a) A
16.11person may not possess a wild animal that has been unlawfully taken, bought, sold, or
16.12possessed outside the state, or unlawfully shipped into the state.
16.13(b) When entering the state from Canada, a person who possesses fish that were
16.14unlawfully taken or possessed under paragraph (a) may be charged in the same manner as
16.15for possessing fish that were unlawfully taken or possessed in the state.

16.16    Sec. 38. Minnesota Statutes 2010, section 97A.545, subdivision 5, is amended to read:
16.17    Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as
16.18provided in paragraph (b), a person may ship or otherwise transport game birds in an
16.19undressed condition only.
16.20(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:
16.21(1) were taken on a shooting preserve and are marked or identified in accordance
16.22with section 97A.121, subdivision 5;
16.23(2) were taken, dressed, and lawfully shipped or otherwise transported in another
16.24state; or
16.25(3) are migratory game birds that were lawfully tagged and packed by a federally
16.26permitted migratory bird preservation facility.; or
16.27(4) are doves shipped or transported in accordance with federal law.

16.28    Sec. 39. [97B.0215] PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
16.29A parent or legal guardian of a minor may not knowingly direct, allow, or permit
16.30the minor to hunt without the required license, permit, training, or certification, or in
16.31violation of the game and fish laws.

16.32    Sec. 40. Minnesota Statutes 2010, section 97B.022, subdivision 2, is amended to read:
17.1    Subd. 2. Apprentice hunter validation requirements. A resident born after
17.2December 31, 1979, who is age 12 or older over and who does not possess a hunter
17.3education firearms safety certificate may be issued an apprentice hunter validation. An
17.4apprentice hunter validation is valid for only one may be purchased two license year years
17.5in a lifetime and used to obtain hunting licenses during the same license year that the
17.6validation is purchased. An individual in possession of an apprentice hunter validation
17.7may hunt small game and, deer, and bear only when accompanied by an adult licensed to
17.8hunt in Minnesota whose license was not obtained using an apprentice hunter validation.
17.9An apprentice hunter validation holder must obtain all required licenses and stamps.

17.10    Sec. 41. Minnesota Statutes 2010, section 97B.031, subdivision 5, is amended to read:
17.11    Subd. 5. Scopes; visually impaired hunters. (a) Notwithstanding any other law
17.12to the contrary, the commissioner may issue a special permit, without a fee, to use a
17.13muzzleloader with a scope to take deer during the muzzleloader season to a person who
17.14obtains the required licenses and who has a visual impairment. The scope may not have
17.15magnification capabilities.
17.16(b) The visual impairment must be to the extent that the applicant is unable to
17.17identify targets and the rifle sights at the same time without a scope. The visual impairment
17.18and specific conditions must be established by medical evidence verified in writing by
17.19(1) a licensed physician, or a certified nurse practitioner or certified physician assistant
17.20acting under the direction of a licensed physician; (2) a licensed ophthalmologist,; or (3)
17.21a licensed optometrist. The commissioner may request additional information from the
17.22physician if needed to verify the applicant's eligibility for the permit.
17.23(c) A permit issued under this subdivision may be valid for up to five years, based
17.24on the permanence of the visual impairment as determined by the licensed physician,
17.25ophthalmologist, or optometrist.
17.26(d) The permit must be in the immediate possession of the permittee when hunting
17.27under the special permit.
17.28(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
17.29this subdivision for cause, including a violation of the game and fish laws or rules.
17.30(f) A person who knowingly makes a false application or assists another in making
17.31a false application for a permit under this subdivision is guilty of a misdemeanor. A
17.32physician, certified nurse practitioner, certified physician assistant, ophthalmologist, or
17.33optometrist who fraudulently certifies to the commissioner that a person is visually
17.34impaired as described in this subdivision is guilty of a misdemeanor.

18.1    Sec. 42. Minnesota Statutes 2010, section 97B.041, is amended to read:
18.297B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
18.3IN DEER ZONES.
18.4    (a) A person may not possess a firearm or ammunition outdoors during the period
18.5beginning the fifth day before the open firearms season and ending the second day after
18.6the close of the season within an area where deer may be taken by a firearm, except:
18.7    (1) during the open season and in an area where big game may be taken, a firearm
18.8and ammunition authorized for taking big game in that area may be used to take big game
18.9in that area if the person has a valid big game license in possession;
18.10    (2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
18.11    (3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
18.12or steel shot;
18.13    (4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber,
18.14including .22 magnum caliber cartridges;
18.15    (5) handguns possessed by a person authorized to carry a handgun under sections
18.16624.714 and 624.715 for the purpose authorized; and
18.17    (6) on a target range operated under a permit from the commissioner.
18.18    (b) This section does not apply during an open firearms season in an area where deer
18.19may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
18.20taking of deer may be possessed only by persons with a valid license to take deer by
18.21muzzleloader during that the muzzleloader season. While muzzleloader hunting, a person
18.22with a valid license to take deer by muzzleloader may not possess a firearm other than:
18.23(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision
18.241; and
18.25(2) a firearm as described in paragraph (a), clauses (2) to (5).

18.26    Sec. 43. Minnesota Statutes 2010, section 97B.045, subdivision 3, is amended to read:
18.27    Subd. 3. Exceptions; hunting and shooting ranges. (a) Notwithstanding
18.28provisions to the contrary under this chapter, a person may transport an unloaded, uncased
18.29firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a
18.30shooting range, as defined under section 87A.01, subdivision 3, where the person has
18.31received permission from the lawful owner or possessor to discharge firearms; lawfully
18.32hunting on private or public land; or travelling to or from a site the person intends to hunt
18.33lawfully that day or has hunted lawfully that day, unless:
18.34(1) within Anoka, Hennepin, or Ramsey County;
19.1(2) within an area where the discharge of a firearm has been prohibited under section
19.2471.633;
19.3(3) (2) within the boundaries of a home rule charter or statutory city with a
19.4population of 2,500 or more;
19.5(4) (3) on school grounds; or
19.6(5) (4) otherwise restricted under section 97A.091, 97B.081, or 97B.086.
19.7(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired
19.8by the use of a single hand and with an overall length less than 26 inches, or having a
19.9barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel
19.10of a length less than 16 inches in the case of a rifle:
19.11(1) from which may be fired or ejected one or more solid projectiles by means
19.12of a cartridge or shell or by the action of an explosive or the igniting of flammable or
19.13explosive substances; or
19.14(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or
19.15other gas, or vapor.
19.16Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less,
19.17in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used
19.18in the construction industry, or children's pop guns or toys.

19.19    Sec. 44. Minnesota Statutes 2010, section 97B.055, subdivision 3, is amended to read:
19.20    Subd. 3. Hunting from vehicle by disabled hunters. (a) The commissioner may
19.21issue a special permit, without a fee, to discharge a firearm or bow and arrow from a
19.22stationary motor vehicle to a person who obtains the required licenses and who has a
19.23permanent physical disability that is more substantial than discomfort from walking. The
19.24permit recipient must be:
19.25(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or
19.26other mechanical support or prosthetic device; or
19.27(2) unable to walk any distance because of a permanent lung, heart, or other internal
19.28disease that requires the person to use supplemental oxygen to assist breathing.
19.29(b) The permanent physical disability must be established by medical evidence
19.30verified in writing by a licensed physician or, chiropractor, or certified nurse practitioner
19.31or certified physician assistant acting under the direction of a licensed physician. The
19.32commissioner may request additional information from the physician or chiropractor
19.33if needed to verify the applicant's eligibility for the permit. Notwithstanding section
19.3497A.418 , the commissioner may, in consultation with appropriate advocacy groups,
19.35establish reasonable minimum standards for permits to be issued under this section. In
20.1addition to providing the medical evidence of a permanent disability, the applicant must
20.2possess a valid disability parking certificate authorized by section 169.345 or license
20.3plates issued under section 168.021.
20.4(c) A person issued a special permit under this subdivision and hunting deer may
20.5take a deer of either sex, except in those antlerless permit areas and seasons where no
20.6antlerless permits are offered. This subdivision does not authorize another member of a
20.7party to take an antlerless deer under section 97B.301, subdivision 3.
20.8(d) A permit issued under this subdivision is valid for five years.
20.9(e) The commissioner may deny, modify, suspend, or revoke a permit issued under
20.10this section for cause, including a violation of the game and fish laws or rules.
20.11(f) A person who knowingly makes a false application or assists another in making a
20.12false application for a permit under this section is guilty of a misdemeanor. A physician,
20.13certified nurse practitioner, certified physician assistant, or chiropractor who fraudulently
20.14certifies to the commissioner that a person is permanently disabled as described in this
20.15section is guilty of a misdemeanor.
20.16(g) Notwithstanding paragraph (d), the commissioner may issue a permit valid for
20.17the entire life of the applicant if the commissioner determines that there is no chance
20.18that an applicant will become ineligible for a permit under this section and the applicant
20.19requests a lifetime permit.

20.20    Sec. 45. Minnesota Statutes 2010, section 97B.075, is amended to read:
20.2197B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
20.22    (a) A person may not take protected wild animals, except raccoon and fox, with
20.23a firearm between the evening and morning times established by commissioner's rule,
20.24except as provided in this section.
20.25    (b) Big game may be taken from one-half hour before sunrise until one-half hour
20.26after sunset.
20.27    (c) Except as otherwise prescribed by the commissioner on or before the Saturday
20.28nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
20.29during the entire season prescribed by the commissioner. On the opening day of the duck
20.30season, shooting hours for migratory game birds, except woodcock, begin at 9:00 a.m.

20.31    Sec. 46. Minnesota Statutes 2010, section 97B.106, subdivision 1, is amended to read:
20.32    Subdivision 1. Qualifications for crossbow permits. (a) The commissioner may
20.33issue a special permit, without a fee, to take big game, small game, or rough fish with a
20.34crossbow to a person that is unable to hunt or take rough fish by archery because of a
21.1permanent or temporary physical disability. A crossbow permit issued under this section
21.2also allows the permittee to use a bow with a mechanical device that draws, releases, or
21.3holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
21.4    (b) To qualify for a crossbow permit under this section, a temporary disability
21.5must render the person unable to hunt or fish by archery for a minimum of two years
21.6after application for the permit is made. The permanent or temporary disability must
21.7be established by medical evidence, and the inability to hunt or fish by archery for the
21.8required period of time must be verified in writing by (1) a licensed physician or a certified
21.9nurse practitioner or certified physician assistant acting under the direction of a licensed
21.10physician; or (2) a licensed chiropractor. A person who has received a special permit
21.11under this section because of a permanent disability is eligible for subsequent special
21.12permits without providing medical evidence and verification of the disability.
21.13    (c) The person must obtain the appropriate license.

21.14    Sec. 47. Minnesota Statutes 2010, section 97B.211, subdivision 1, is amended to read:
21.15    Subdivision 1. Possession of firearms prohibited. (a) A person may not take deer
21.16by archery while in possession of a firearm.
21.17(b) Paragraph (a) does not apply to a person carrying a handgun in compliance
21.18with section 624.714.

21.19    Sec. 48. Minnesota Statutes 2010, section 97B.325, is amended to read:
21.2097B.325 DEER STAND RESTRICTIONS.
21.21A person may not take deer from a constructed platform or other structure that is
21.22located within the right-of-way of an improved public highway or is higher than 16 feet
21.23above the ground. The height restriction does not apply to a portable stand that is chained,
21.24belted, clamped, or tied with rope.

21.25    Sec. 49. Minnesota Statutes 2010, section 97B.405, is amended to read:
21.2697B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
21.27    (a) The commissioner may limit the number of persons that may hunt bear in an
21.28area, if it is necessary to prevent an overharvest or improve the distribution of hunters.
21.29The commissioner may establish, by rule, a method, including a drawing, to impartially
21.30select the hunters for an area. The commissioner shall give preference to hunters that have
21.31previously applied and have not been selected.
21.32    (b) In the case of a drawing, the commissioner shall allow a person to apply for a
21.33permit in more than one area at the same time and rank the person's choice of area. A
22.1person selected through a drawing must purchase a license by August 1. Any remaining
22.2available licenses not purchased shall be issued to any eligible person as prescribed by
22.3the commissioner on a first-come, first-served basis beginning three business days after
22.4August 1.
22.5EFFECTIVE DATE.This section is effective the day following final enactment.

22.6    Sec. 50. Minnesota Statutes 2010, section 97B.425, is amended to read:
22.797B.425 BAITING BEARS.
22.8    Notwithstanding section 609.68, a person may place bait to take bear and must
22.9display a tag at each site where bait is placed and register the sites. The commissioner
22.10shall prescribe the method of tagging and registering the sites. The tag displayed at each
22.11site where bait is placed must contain identification information: (1) the licensee's name
22.12and address; (2) the licensee's driver's license number; or (3) the "MDNR#" license
22.13identification number issued to the licensee for a licensed bear hunter or a licensed bear
22.14outfitter. A person must have the license identification number of the person with the bear
22.15license in their possession or be a licensed bear outfitter while attending a bear bait station.
22.16To attract bear a person may not use a bait with:
22.17    (1) a carcass from a mammal, if the carcass contains more than 25 percent of the
22.18intact carcass;
22.19    (2) meat from mammals, if the meat contains bones;
22.20    (3) bones of mammals;
22.21    (4) solid waste containing bottles, cans, plastic, paper, or metal;
22.22    (5) materials that are not readily biodegradable; or
22.23    (6) any part of a swine, except cured pork.

22.24    Sec. 51. [97B.4251] BAITING BEAR; USE OF DRUM.
22.25Notwithstanding section 97B.425, a private landowner or person authorized by the
22.26private landowner may use a drum to bait bear on the person's private land. The drum
22.27must be securely chained or cabled to a tree so that it cannot be moved from the site by a
22.28bear and the drum may not include a mechanical device for dispensing feed. The drum
22.29must be marked as provided in section 97B.425. For purposes of this section, "drum"
22.30means a 30 gallon or larger drum.

22.31    Sec. 52. Minnesota Statutes 2010, section 97B.515, is amended by adding a
22.32subdivision to read:
23.1    Subd. 4. Taking elk causing damage or nuisance. The commissioner may
23.2authorize licensed hunters to take elk that are causing damage or nuisance from August
23.315 to March 1 under rules prescribed by the commissioner. The commissioner may issue
23.4licenses to hunters impartially selected from a list of elk hunt applicants who indicated on
23.5their application that they would be interested and available to respond to an elk damage
23.6or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a
23.7person receiving a license to hunt elk under this subdivision does not lose eligibility
23.8for future elk hunts.

23.9    Sec. 53. Minnesota Statutes 2010, section 97B.645, subdivision 9, is amended to read:
23.10    Subd. 9. Open season. There shall be no open season for gray wolves for five years
23.11until after the gray wolf is delisted under the federal Endangered Species Act of 1973.
23.12After that time, the commissioner may prescribe open seasons and restrictions for taking
23.13gray wolves but must provide opportunity for public comment.

23.14    Sec. 54. Minnesota Statutes 2010, section 97B.667, is amended to read:
23.1597B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY
23.16ROAD AUTHORITIES.
23.17When a drainage watercourse is impaired by a beaver dam and the water damages
23.18or threatens to damage a public road, the road authority, as defined in section 160.02,
23.19subdivision 25 , may remove the impairment and any associated beaver lodge within 300
23.20feet of the road. Notwithstanding any law to the contrary, the road authority may kill or
23.21arrange to have killed by any lawful means a beaver associated with the lodge. Before
23.22killing or arranging to kill a beaver under this section, the road authority must contact a
23.23conservation officer for a special beaver permit. The conservation officer must issue the
23.24permit for any beaver subject to this section. A road authority that kills or arranges to
23.25have killed a beaver under this section must notify a conservation officer or the officer's
23.26designee as specified in the permit within ten days after the animal is killed. A road
23.27authority may, after consultation with the Wildlife Division and the Board of Water and
23.28Soil Resources, implement a local beaver control program designed to reduce the number
23.29of incidents of beaver interfering with or damaging a public road. The local control
23.30program may include the offering of a bounty for the lawful taking of beaver.

23.31    Sec. 55. Minnesota Statutes 2010, section 97B.803, is amended to read:
23.3297B.803 MIGRATORY WATERFOWL SEASONS AND LIMITS.
24.1(a) The commissioner shall prescribe seasons, limits, and areas for taking migratory
24.2waterfowl in accordance with federal law.
24.3(b) The regular duck season may not open before the Saturday closest to October 1.

24.4    Sec. 56. Minnesota Statutes 2010, section 97C.005, subdivision 3, is amended to read:
24.5    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance
24.6with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14,
24.7establish open seasons, limits, methods, and other requirements for taking fish on special
24.8management waters. The commissioner may, by written order published in the State
24.9Register, amend daily, possession, or size limits to make midseason adjustments based
24.10on available harvest, angling pressure, and population data to manage the fisheries in the
24.111837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa
24.12v. Minnesota, 119 S. Ct. 1187 (1999). The midseason adjustments in daily, possession, or
24.13size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386
24.14does not apply. Before the written order is effective, the commissioner shall attempt to
24.15notify persons or groups of persons affected by the written order by public announcement,
24.16posting, and other appropriate means as determined by the commissioner.
24.17EFFECTIVE DATE.This section is effective the day following final enactment.

24.18    Sec. 57. [97C.007] NORTHERN PIKE EXPERIMENTAL AND SPECIAL
24.19MANAGEMENT WATERS.
24.20The combined number of lakes designated for northern pike under sections 97C.001
24.21and 97C.005 may not exceed 90 at one time. Until November 1, 2021, the designated lakes
24.22must be selected from the lakes identified in rules adopted under sections 97C.001 and
24.2397C.005 with northern pike slot limits effective on January 1, 2011. A designation under
24.24this section must continue for at least ten years, at which time the commissioner shall
24.25determine, based on scientific studies, whether the designation should be discontinued.
24.26EFFECTIVE DATE.This section is effective November 1, 2011.

24.27    Sec. 58. Minnesota Statutes 2010, section 97C.081, subdivision 3, is amended to read:
24.28    Subd. 3. Contests requiring a permit. (a) Unless subdivision 3a applies, a person
24.29must have a permit from the commissioner to conduct a fishing contest that does not meet
24.30the criteria in subdivision 2. if:
24.31(1) there are more than 25 boats for open water contests, more than 150 participants
24.32for ice fishing contests, or more than 100 participants for shore fishing contests;
25.1(2) entry fees are more than $25 per person; or
25.2(3) the contest is limited to trout species.
25.3(b) The commissioner shall charge a fee for the permit that recovers the costs of
25.4issuing the permit and of monitoring the activities allowed by the permit. Notwithstanding
25.5section 16A.1283, the commissioner may, by written order published in the State Register,
25.6establish contest permit fees. The fees are not subject to the rulemaking provisions of
25.7chapter 14 and section 14.386 does not apply.
25.8    (b) (c) The commissioner may require the applicant to furnish evidence of financial
25.9responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000
25.10if entry fees are over $25 per person, or total prizes are valued at more than $25,000, and
25.11if the applicant has either:
25.12    (1) not previously conducted a fishing contest requiring a permit under this
25.13subdivision; or
25.14    (2) ever failed to make required prize awards in a fishing contest conducted by
25.15the applicant, the commissioner may require the applicant to furnish the commissioner
25.16evidence of financial responsibility in the form of a surety bond or bank letter of credit in
25.17the amount of $25,000.
25.18    (c) (d) The permit fee for any individual contest may not exceed the following
25.19amounts:
25.20    (1) $60 for an open water contest not exceeding 50 boats and without off-site
25.21weigh-in;
25.22    (2) $200 for an open water contest with more than 50 boats and without off-site
25.23weigh-in;
25.24    (3) $250 for an open water contest not exceeding 50 boats with off-site weigh-in;
25.25    (4) $500 for an open water contest with more than 50 boats with off-site weigh-in; or
25.26    (5) $120 for an ice fishing contest with more than 150 participants.

25.27    Sec. 59. Minnesota Statutes 2010, section 97C.081, is amended by adding a
25.28subdivision to read:
25.29    Subd. 3a. Contests without a permit. A person may conduct a fishing contest
25.30without a permit from the commissioner if:
25.31(1) the contest is not limited to specifically named waters;
25.32(2) all the contest participants are age 18 years or under;
25.33(3) the contest is limited to rough fish; or
25.34(4) the total prize value is $500 or less.

26.1    Sec. 60. Minnesota Statutes 2010, section 97C.087, subdivision 2, is amended to read:
26.2    Subd. 2. Application for tag. Application for special fish management tags must
26.3be accompanied by a $5, nonrefundable application fee for each tag. A person may not
26.4make more than one tag application each calendar year. If a person makes more than one
26.5application, the person is ineligible for a special fish management tag for that season
26.6calendar year after determination by the commissioner, without a hearing.

26.7    Sec. 61. Minnesota Statutes 2010, section 97C.205, is amended to read:
26.897C.205 TRANSPORTING AND STOCKING FISH.
26.9    (a) Except on the water body where taken, a person may not transport a live fish in a
26.10quantity of water sufficient to keep the fish alive, unless the fish:
26.11    (1) is being transported under an aquaculture license as authorized under sections
26.1217.4985 and 17.4986;
26.13    (2) is being transported for a fishing contest weigh-in under section 97C.081;
26.14    (3) is a minnow being transported under section 97C.505 or 97C.515;
26.15    (4) is being transported by a commercial fishing license holder under section
26.1697C.821 ; or
26.17    (5) is being transported as otherwise authorized in this section or as prescribed for
26.18certifiable diseases under sections 17.46 to 17.4999.
26.19    (b) The commissioner may adopt rules to allow and regulate:
26.20    (1) the transportation of fish and fish eggs; and
26.21    (2) the stocking of waters with fish or fish eggs.
26.22    (c) The commissioner must allow the possession of fish on special management or
26.23experimental waters to be prepared as a meal on the ice or on the shore of that water
26.24body if the fish:
26.25    (1) were lawfully taken;
26.26    (2) have been packaged by a licensed fish packer; and
26.27    (3) do not otherwise exceed the statewide possession limits.
26.28    (d) The commissioner shall prescribe rules designed to encourage local sporting
26.29organizations to propagate game fish by using rearing ponds. The rules must:
26.30    (1) prescribe methods to acquire brood stock for the ponds by seining public waters;
26.31    (2) allow the sporting organizations to own and use seines and other necessary
26.32equipment; and
26.33    (3) prescribe methods for stocking the fish in public waters that give priority to the
26.34needs of the community where the fish are reared and the desires of the organization
26.35operating the rearing pond.
27.1    (e) A person age 16 or under may, for purposes of display in a home aquarium,
27.2transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white
27.3crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow,
27.4and brown bullheads taken by angling, except as otherwise ordered by the commissioner
27.5upon documentation of an emergency fish disease in Minnesota waters, as defined in
27.6section 17.4982, subdivision 9. No more than four of each species may be transported at
27.7any one time, and any individual fish can be no longer than ten inches in total length. The
27.8commissioner may, by written order published in the State Register, prohibit transportation
27.9of live fish under this paragraph to help prevent spread of an emergency fish disease
27.10documented to occur in Minnesota waters. The order is exempt from the rulemaking
27.11provisions of chapter 14 and section 14.386 does not apply.

27.12    Sec. 62. Minnesota Statutes 2010, section 97C.211, subdivision 5, is amended to read:
27.13    Subd. 5. Price of walleye game fish fry and eggs. The commissioner may not sell
27.14walleye or barter game fish fry or eggs for not less than fair market value, defined as the
27.15average price charged by private walleye fry wholesalers located in Minnesota the cost
27.16associated with the production of eggs or fry.

27.17    Sec. 63. Minnesota Statutes 2010, section 97C.341, is amended to read:
27.1897C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
27.19(a) A person may not use live minnows imported from outside of the state, game
27.20fish, goldfish, or carp for bait. The commissioner may, by written order published in
27.21the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
27.22their use. The order is exempt from the rulemaking provisions of chapter 14 and section
27.2314.386 does not apply.
27.24(b) A person may not import or possess live, frozen, or processed bait from known
27.25waters where viral hemorrhagic septicemia has been identified as being present, except as
27.26provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic
27.27worms, amphibians, invertebrates, and insects used for angling taking wild animals in
27.28waters of the state.
27.29    (c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
27.30be used as:
27.31    (1) fresh or frozen bait only on Lake Superior; or
27.32    (2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
27.33manner prescribed by rules adopted by the commissioner.
28.1(d) To ensure that frozen or dead fish being brought into the state are not in violation
28.2of paragraph (b), the following paperwork must accompany the shipment. Documents
28.3must be open for inspection by the commissioner at any reasonable time. All documents
28.4must be available to purchasers of these bait items. Each container or package of frozen or
28.5dead fish must have the following information:
28.6(1) water body source;
28.7(2) lot number;
28.8(3) company contact including name, phone, and address;
28.9(4) date of packaging and labeling; and
28.10(5) valid negative fish health certification from the source water body.
28.11EFFECTIVE DATE.This section is effective the day following final enactment.

28.12    Sec. 64. [97C.342] CERTIFICATION THAT FROZEN OR DEAD FISH BAIT
28.13ARE DISEASE FREE.
28.14    Subdivision 1. Definitions. For purposes of this section, the following terms have
28.15the meanings given:
28.16(1) "Water body" means waters identified by a unique Department of Natural
28.17Resources public water identification number; a body of water that has defined boundaries
28.18and that has no Department of Natural Resources public water identification number; or
28.19a section of stream designated by a Kittle number, lock and dam numbering system, or
28.20to the upstream and downstream barrier.
28.21(2) "Commercial license" means a license issued under section 97A.475, subdivision
28.2226, 27, 29, or 30.
28.23    Subd. 2. Bait restrictions. Frozen or dead fish on the official list of viral
28.24hemorrhagic septicemia susceptible species published by the United States Department of
28.25Agriculture, Animal and Plant Health Inspection Services; cisco (all Coregonus, including
28.26lake herring and tullibee); and smelt (all Osmerus, Spirincus, Hypomesus, and Allosmerus)
28.27being used as bait in waters of the state must originate from water bodies certified disease
28.28free. Certification for these water bodies is valid for one year from the date of test results.
28.29    Subd. 3. Testing requests. As a part of commercial licensing procedures, a list of
28.30water bodies requiring a fish health certification for commercial bait harvest must be
28.31provided to the commissioner no later than March 1 of each year, except in 2011 the list
28.32must be provided by August 1.
28.33    Subd. 4. Certification fees. Notwithstanding section 16A.1283, the commissioner
28.34may by written order published in the State Register, establish fees for the services and
28.35testing required to issue health certifications for a water body. The fees must be set in an
29.1amount that does not recover significantly more or less than the costs of providing services
29.2to health-certify a water body. The fees are not subject to the rulemaking provisions of
29.3chapter 14 and sections 14.125 and 14.386 do not apply. The services covered under
29.4this subdivision include:
29.5(1) cost of collecting the species for testing;
29.6(2) fish health inspection and certification, including initial tissue sample collection,
29.7basic fish health assessment, and fish disease testing; and
29.8(3) administrative overhead for tracking and documentation of testing.
29.9    Subd. 5. Transportation permit requirements. A commercial licensee harvesting
29.10from a certified disease-free water body must obtain a live fish importation, transportation,
29.11and stocking permit to move fish from that source. A live fish importation, transportation,
29.12and stocking permit may be used for multiple shipments within a 30-day term period if
29.13the source and destination remain the same. The commercial licensee must contact the
29.14department within 24 hours of exercising the permit. Permits may be issued through the
29.15department's regional offices or St. Paul office and must be obtained prior to moving fish
29.16as approved for movement from these certified disease-free water bodies.
29.17    Subd. 6. Reporting requirements. A commercial licensee harvesting bait under
29.18this section must maintain records on forms provided by the commissioner for each lot
29.19of frozen or dead fish for sale as bait. The records must include the lot number for each
29.20batch of frozen or dead fish, water body health certification documentation, transportation
29.21permit number, and other information as specified on the reporting form. The commercial
29.22licensee must enter required records onto forms within 24 hours of packaging and labeling
29.23each lot of fish. The commercial licensee must retain records for three years following
29.24the year of creation. All records required to be retained must be open to inspection by
29.25the commissioner at any reasonable time.
29.26    Subd. 7. Labeling requirements. Frozen or dead fish from certified disease-free
29.27water bodies that are being sold as bait must be labeled. The seller of the product is
29.28responsible for making sure the items are labeled according to this section. Each container
29.29or package of frozen or dead fish bait must have the following information:
29.30(1) Department of Natural Resources certified water body number;
29.31(2) Department of Natural Resources transportation permit number;
29.32(3) lot number;
29.33(4) date of harvest from water body;
29.34(5) date of packaging and labeling;
29.35(6) bait store or vendor name where purchased; and
29.36(7) disease-free certification date.
30.1    Subd. 8. Persons using frozen or dead fish bait. A person on, or taking wild
30.2animals in, waters of the state with frozen or dead fish bait must possess all labeling as
30.3prescribed under subdivision 7. The person must retain the labeling until the bait is used
30.4and no longer in the person's possession.
30.5EFFECTIVE DATE.This section is effective the day following final enactment.

30.6    Sec. 65. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
30.7    Subd. 9. Powers and duties. In addition to the powers and duties prescribed
30.8elsewhere, the board shall:
30.9(1) coordinate the water and soil resources planning and implementation activities of
30.10counties, soil and water conservation districts, watershed districts, watershed management
30.11organizations, and any other local units of government through its various authorities for
30.12approval of local plans, administration of state grants, contracts and easements, and by
30.13other means as may be appropriate;
30.14(2) facilitate communication and coordination among state agencies in cooperation
30.15with the Environmental Quality Board, and between state and local units of government,
30.16in order to make the expertise and resources of state agencies involved in water and soil
30.17resources management available to the local units of government to the greatest extent
30.18possible;
30.19(3) coordinate state and local interests with respect to the study in southwestern
30.20Minnesota under United States Code, title 16, section 1009;
30.21(4) develop information and education programs designed to increase awareness
30.22of local water and soil resources problems and awareness of opportunities for local
30.23government involvement in preventing or solving them;
30.24(5) provide a forum for the discussion of local issues and opportunities relating
30.25to water and soil resources management;
30.26(6) adopt an annual budget and work program that integrate the various functions
30.27and responsibilities assigned to it by law; and
30.28(7) report to the governor and the legislature by October 15 of each even-numbered
30.29year with an assessment of board programs and recommendations for any program
30.30changes and board membership changes necessary to improve state and local efforts
30.31in water and soil resources management.
30.32The board may accept grants, gifts, donations, or contributions in money, services,
30.33materials, or otherwise from the United States, a state agency, or other source to achieve
30.34an authorized or delegated purpose. The board may enter into a contract or agreement
30.35necessary or appropriate to accomplish the transfer. The board may conduct or participate
31.1in local, state, or federal programs or projects that have as one purpose or effect the
31.2preservation or enhancement of water and soil resources and may enter into and administer
31.3agreements with local governments or landowners or their designated agents as part
31.4of those programs or projects. The board may receive and expend money to acquire
31.5conservation easements, as defined in chapter 84C, on behalf of the state and federal
31.6government consistent with the Camp Ripley's Army Compatible Use Buffer Project.
31.7Any money received is hereby deposited in an account in a fund other than the
31.8general fund and appropriated and dedicated for the purpose for which it is granted.

31.9    Sec. 66. Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:
31.10    Subd. 7d. Exemption. (a) Notwithstanding subdivision 7 or Minnesota Rules,
31.11chapter 7020, to the contrary, and notwithstanding the proximity to public or private
31.12waters, an owner or resident of agricultural land on which livestock have been allowed to
31.13pasture as defined by Minnesota Rules, chapter 7020, at any time during the ten-year period
31.14beginning January 1, 1990 2010, is permanently exempt from requirements related to
31.15feedlot or manure management on that land for so long as the property remains in pasture.
31.16(b) For the purposes of this subdivision, "pasture" means areas where livestock graze
31.17on grass or other growing plants. Pasture also means agricultural land where livestock are
31.18allowed to forage during the winter time and which land is used for cropping purposes
31.19in the growing season. In either case, the concentration of animals must be such that a
31.20vegetative cover, whether of grass, growing plants, or crops, is maintained during the
31.21growing season except in the immediate vicinity of temporary supplemental feeding
31.22or watering devices.

31.23    Sec. 67. [348.125] COYOTE CONFLICT MANAGEMENT OPTION.
31.24A county or town board may, by resolution, offer a bounty for the taking of coyotes
31.25(Canis latrans) by all legal methods. The resolution may be made applicable to the whole
31.26or any part of the county or town. The bounty must apply during the months specified in
31.27the resolution and be in an amount determined by the board.
31.28EFFECTIVE DATE.This section is effective the day following final enactment.

31.29    Sec. 68. Minnesota Statutes 2010, section 604A.12, is amended to read:
31.30604A.12 LIVESTOCK ACTIVITIES; IMMUNITY FROM LIABILITY.
31.31    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
31.32have the meanings given them.
32.1(b) "Inherent risks of livestock activities" means dangers or conditions that are an
32.2integral part of livestock activities, including:
32.3(1) the propensity of livestock to behave in ways that may result in death or injury to
32.4persons on or around them, such as kicking, biting, or bucking, or charging;
32.5(2) the unpredictability of livestock's reaction to things like sound, sudden
32.6movement, unfamiliar objects, persons, or other animals;
32.7(3) natural hazards such as surface or subsurface conditions; or
32.8(4) collisions with other livestock or objects.
32.9(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies,
32.10goats, buffalo, llamas, or poultry.
32.11(d) "Livestock activity" means an activity involving the maintenance or use of
32.12livestock, regardless of whether the activity is open to the general public, and, except in
32.13the case of livestock grazing under clause (7), provided the activity is not performed for
32.14profit. Livestock activity includes:
32.15(1) livestock production;
32.16(2) loading, unloading, or transporting livestock;
32.17(3) livestock shows, fairs, competitions, performances, races, rodeos, or parades;
32.18(4) livestock training or teaching activities;
32.19(5) boarding, shoeing, or grooming livestock; or
32.20(6) riding or inspecting livestock or livestock equipment; or
32.21(7) the use of state property for livestock grazing, pursuant to an agreement with the
32.22commissioner of natural resources.
32.23(e) "Livestock activity sponsor" means a person who sponsors, organizes, or
32.24provides the facilities for a livestock activity that is open to the general public.
32.25(f) "Participant" means a person who directly and intentionally engages in a livestock
32.26activity. Participant does not include a spectator who is in an authorized area.
32.27    Subd. 2. Immunity from liability; livestock events. Except as provided in
32.28subdivision 3, A nonprofit corporation, association, or organization, or a person or other
32.29entity donating services, livestock, facilities, or equipment for the use of a nonprofit
32.30corporation, association, or organization, is not liable for the death of or an injury to a
32.31participant resulting from the inherent risks of livestock activities.
32.32    Subd. 3. Exceptions; livestock events. Subdivision 2 does not apply if any of
32.33the following exist:
32.34(1) the person provided livestock for the participant and failed to make reasonable
32.35efforts to determine the ability of the participant to safely engage in the livestock activity
33.1or to determine the ability of the participant to safely manage the particular livestock
33.2based on the participant's representations of the participant's ability;
33.3(2) the person provided equipment or tack for the livestock and knew or should have
33.4known that it was faulty to the extent that it caused the injury or death;
33.5(3) the person owns or leases the land upon which a participant was injured or died
33.6because of a human-made dangerous latent condition and failed to use reasonable care
33.7to protect the participant;
33.8(4) the person is a livestock activity sponsor and fails to comply with the notice
33.9requirement of subdivision 4; or
33.10(5) the act or omission of the person was willful or negligent.
33.11    Subd. 3a. Immunity from liability; grazing on public lands. (a) Any person
33.12or entity grazing livestock on state lands under an agreement with the commissioner
33.13of natural resources is not liable for damage to property or the death of or an injury to
33.14a person due to the inherent risks of livestock activities.
33.15(b) This subdivision does not apply if the person or entity grazing the livestock:
33.16(1) fails to exercise reasonable care in using the land for grazing or in managing
33.17the livestock; or
33.18(2) maintains a condition in material violation of an agreement with the
33.19commissioner of natural resources for use of the land, and the condition contributed
33.20to the damage, death, or injury.
33.21    Subd. 4. Posting notice. (a) A livestock activity sponsor shall post plainly visible
33.22signs at one or more prominent locations in the premises where the livestock activity takes
33.23place that include a warning of the inherent risks of livestock activity and the limitation of
33.24liability under this section.
33.25(b) The commissioner of natural resources shall post plainly visible signs at one or
33.26more prominent locations on any state property being used for grazing purposes pursuant
33.27to an agreement with the commissioner. The signs shall include a warning of the inherent
33.28risks of livestock activity, and the limitations of liability provided in this section and
33.29any other applicable law.
33.30EFFECTIVE DATE; APPLICABILITY.This section is effective the day
33.31following final enactment and applies to causes of action arising on or after that date. The
33.32commissioner shall post notice as required by subdivision 4 on any property subject to a
33.33livestock grazing agreement on the effective date of this section within 60 days of that date.

34.1    Sec. 69. Minnesota Statutes 2010, section 604A.24, is amended to read:
34.2604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS;
34.3MUNICIPAL POWER AGENCY LAND.
34.4Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to
34.5the duties and liability of an owner of the following land:
34.6(1) land leased to the state or any political subdivision for recreational purpose; or
34.7(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave,
34.8and to which water the public has access from a water access site operated by a public
34.9entity; or
34.10(3) land of which a municipal power agency is an owner and that is used for
34.11recreational trail purposes, and other land of a municipal power agency which is within
34.12300 feet of such land if the entry onto such land was from land that is dedicated for
34.13recreational purposes or recreational trail use; or
34.14(4) land leased to the state or otherwise subject to an agreement or contract for
34.15purposes of a state-sponsored walk-in access program.

34.16    Sec. 70. RULEMAKING; GAME FARMS.
34.17(a) The commissioner of natural resources shall amend Minnesota Rules, parts
34.186242.0900, subpart 1, and 6242.1000, subpart 1, to allow an option for game farm
34.19licensees to use approved report and sales receipt formats.
34.20(b) The commissioner may use the good cause exemption under Minnesota Statutes,
34.21section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
34.22Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
34.23section 14.388.

34.24    Sec. 71. SHALLOW LAKES MANAGEMENT REPORT.
34.25By January 1, 2012, the commissioner of natural resources shall submit a report to
34.26the senate and house of representatives committees and divisions with jurisdiction over
34.27natural resources policy that includes:
34.28(1) a summary of the science and ecology of shallow lakes;
34.29(2) a summary of the significance of shallow lakes to continental and state waterfowl
34.30populations and Minnesota's waterfowl heritage;
34.31(3) examples and documented results of previous temporary water-level management
34.32activities;
34.33(4) a list of current statutes and rules applicable to shallow lakes including, but not
34.34limited to, water-level management of shallow lakes; and
35.1(5) a list of any changes to statute necessary that would allow the commissioner of
35.2natural resources, through shallow lake management, to better achieve the state's wildlife
35.3habitat and clean water goals and address the threats of invasive species.

35.4    Sec. 72. RULEMAKING; SPEARING ON CASS LAKE.
35.5The commissioner of natural resources shall amend Minnesota Rules, part
35.66264.0400, subpart 69, to allow a person to take fish by spearing on Cass Lake. The
35.7commissioner may use the good cause exemption under Minnesota Statutes, section
35.814.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
35.9apply except as provided under Minnesota Statutes, section 14.388. The commissioner
35.10shall not adopt restrictions on spearing northern pike on Cass Lake under Minnesota
35.11Statutes, section 97C.001 or 97C.005.

35.12    Sec. 73. DEER HUNTING RULES.
35.13(a) If the commissioner of natural resources adopts a rule applicable for the Series
35.14300 deer permit areas that imposes an antler point restriction for taking antlered deer,
35.15other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, the rule must
35.16expire after the 2012 deer hunting season.
35.17(b) The commissioner of natural resources may not reinstate an antler point
35.18restriction for the Series 300 deer permit areas, other than that imposed under Minnesota
35.19Rules, part 6232.0200, subpart 6, after the 2012 deer hunting season unless the legislature
35.20approves the antler point restriction.
35.21(c) The commissioner of natural resources shall amend Minnesota Rules, part
35.226232.1300, subpart 3, item B, to allow legal bucks to be taken in season option A for a
35.23nine-day period beginning the Saturday nearest November 6. The commissioner may use
35.24the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
35.25(3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not
35.26apply except as provided in Minnesota Statutes, section 14.388.

35.27    Sec. 74. CONSUMPTIVE USE OF WATER.
35.28Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
35.29approves of the consumptive use of water under a permit of more than 2,000,000 gallons
35.30per day average in a 30-day period in Cook County, in connection with snowmaking
35.31and potable water. Notwithstanding any other law to the contrary, the permit for the
35.32consumptive use of water approved under this section shall be issued, subject to the
35.33fees specified under Minnesota Statutes, section 103G.271, without any additional
36.1administrative process to withdraw up to 150,000,000 gallons of water annually for
36.2snowmaking and potable water purposes. The permit authorized under this section shall
36.3be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more
36.4than five consecutive days. The permit authorized under this section shall be reinstated
36.5when the flow of the Poplar River resumes to 15 cubic feet per second or greater. The
36.6permit shall be for a term of five years.

36.7    Sec. 75. INTEREST IN LANDS EXTENDED.
36.8Notwithstanding any law to the contrary, Dakota County's reversionary interests in
36.9lands deeded by Dakota County to the state of Minnesota, as contemplated by Laws 1975,
36.10chapter 382, and currently maintained and used for the purposes of a state zoological
36.11garden in Apple Valley, Minnesota, to wit, those lands described in documents recorded in
36.12the Dakota County Property Records Office as Document No. 433980 and Document No.
36.13439719, excluding lands subject to that certain quit claim deed recorded as Document No.
36.141246646 and excluding lands subject to that certain quit claim deed recorded as Document
36.15No. 1330383, are extended and remain permanently valid and operative.
36.16EFFECTIVE DATE.This section is effective upon compliance by the Dakota
36.17County Board of Commissioners with the provisions of Minnesota Statutes, section
36.18645.021.

36.19    Sec. 76. REPEALER.
36.20Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, and 4; 97A.015,
36.21subdivisions 26b, 27b, and 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3;
36.22and 97C.081, subdivision 2, are repealed.