Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 215-H.F.No. 2368
An act relating to game and fish; modifying hunting
provisions and fees; modifying restriction on
importation of cervidae carcasses; modifying
restrictions on the transport of game birds;
clarifying validity of firearms safety certificates
issued to youth; modifying turtle license
requirements; modifying waterfowl refuge provisions;
providing for suspension of game and fish license and
permit privileges under certain conditions; modifying
shooting hours for migratory game birds; authorizing a
season on mourning doves; prohibiting taking albino
deer; modifying certain hearing provisions; modifying
certain tagging requirements; modifying fish house
provisions; providing for a live bait retailers
license; providing for trapping by certain
nonresidents; modifying certain game license
provisions; requiring public education efforts
regarding lead tackle; authorizing grants; authorizing
a special permit for use of a scope when hunting with
a muzzleloader; providing for a quality deer
management pilot zone; requiring reports; providing
criminal penalties; amending Minnesota Statutes 2002,
sections 97A.015, subdivision 24; 97A.085,
subdivisions 2, 3, 4; 97A.095, subdivisions 1, 2, 4;
97A.420, subdivision 4; 97A.421, by adding a
subdivision; 97A.435, subdivision 4, by adding a
subdivision; 97A.475, subdivision 20, by adding a
subdivision; 97A.545, subdivision 5; 97B.015,
subdivision 5; 97B.031, by adding a subdivision;
97B.075; 97B.301, subdivisions 6, 7; 97B.601,
subdivision 3, by adding a subdivision; 97B.721;
97B.901; 97C.355, subdivision 7; 97C.605, subdivision
2; Minnesota Statutes 2003 Supplement, sections
97A.475, subdivisions 2, 3; 97A.505, subdivision 8;
97B.311; 97C.605, subdivision 2c; proposing coding for
new law in Minnesota Statutes, chapter 97C; repealing
Minnesota Statutes 2002, section 97B.731, subdivision
2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 97A.015,
subdivision 24, is amended to read:
Subd. 24. [GAME BIRDS.] "Game birds" means migratory
waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada
spruce grouse, prairie chickens, gray partridge, bob-white
quail, turkeys, coots, gallinules, sora and Virginia
rails, mourning dove, American woodcock, and common snipe.
Sec. 2. Minnesota Statutes 2002, section 97A.085,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT BY COMMISSIONER.] The commissioner
may designate a contiguous area of at least 640 acres as a game
refuge if more than 50 percent of the area is in public
ownership. The game refuge must be a contiguous area of at
least 640 acres unless it borders or includes a marsh, or other
body of water or watercourse suitable for wildlife habitat.
Sec. 3. Minnesota Statutes 2002, section 97A.085,
subdivision 3, is amended to read:
Subd. 3. [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The
commissioner may designate a land area or portion of a land area
described in a petition as a game refuge. The petition must be
signed by the owner, the lessee, or the person in possession of
each tract in the area. A certificate of the auditor of the
county where the lands are located must accompany the petition
stating that the persons named in the petition are the owners,
lessees, or persons in possession of all of the land described
according to the county records. The game refuge must be a
contiguous area of at least 640 acres unless it borders or
includes a marsh, or other body of water or watercourse suitable
for wildlife habitat.
Sec. 4. Minnesota Statutes 2002, section 97A.085,
subdivision 4, is amended to read:
Subd. 4. [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.]
The commissioner may designate as a game refuge public waters or
a contiguous area of at least 640 acres, described in a
petition, signed by 50 or more residents of the county where the
public waters or area is located. The game refuge must be a
contiguous area of at least 640 acres unless it borders or
includes a marsh, or other body of water or watercourse suitable
for wildlife habitat. The game refuge may be designated only if
the commissioner finds that protected wild animals are depleted
and are in danger of extermination, or that it will best serve
the public interest.
Sec. 5. Minnesota Statutes 2002, section 97A.095,
subdivision 1, is amended to read:
Subdivision 1. [MIGRATORY WATERFOWL REFUGES SANCTUARY.]
The commissioner shall may designate by rule any part of a state
game refuge or any part of a public water that is designated for
management purposes under section 97A.101, subdivision 2, as a
migratory waterfowl refuge sanctuary if there is presented to
the commissioner a petition signed by ten resident licensed
hunters describing an area that is primarily a migratory
waterfowl refuge. The commissioner shall post the area as a
migratory waterfowl refuge sanctuary. A person may not enter a
posted migratory waterfowl refuge sanctuary during the open
migratory waterfowl season unless accompanied by or under a
permit issued by a conservation officer or game refuge wildlife
manager. Upon a request from a private landowner within a
migratory waterfowl refuge sanctuary, an annual permit must be
issued to provide access to the property during the waterfowl
season. The permit shall include conditions that allow no
activity which would disturb waterfowl using the refuge during
the waterfowl season.
Sec. 6. Minnesota Statutes 2002, section 97A.095,
subdivision 2, is amended to read:
Subd. 2. [WATERFOWL FEEDING AND RESTING AREAS.] The
commissioner may, by rule, designate any part of a lake as a
migratory feeding or and resting area. Before designation, the
commissioner must receive a petition signed by at least ten
local resident licensed hunters describing the area of a lake
that is a substantial feeding or resting area for migratory
waterfowl, and find that the statements in the petition are
correct, and that adequate, free public access to the lake
exists near the designated area. The commissioner shall post
the area as a migratory waterfowl feeding and resting area.
Except as authorized in rules adopted by the commissioner, a
person may not enter a posted migratory waterfowl feeding and
resting area, during a period when hunting of migratory
waterfowl is allowed, with watercraft or aircraft propelled by a
motor, other than an electric motor of less than 30 pounds
thrust. The commissioner may, by rule, further restrict the use
of electric motors in migratory waterfowl feeding and resting
areas.
Sec. 7. Minnesota Statutes 2002, section 97A.095,
subdivision 4, is amended to read:
Subd. 4. [SWAN LAKE MIGRATORY WATERFOWL REFUGE SANCTUARY.]
The land described in Laws 1999, chapter 81, section 2, is
designated Swan Lake Migratory Waterfowl Refuge Sanctuary under
subdivision 1.
Sec. 8. Minnesota Statutes 2002, section 97A.420,
subdivision 4, is amended to read:
Subd. 4. [HEARING.] (a) A hearing under subdivision 3 must
be before a district court judge in the county where the
incident occurred giving rise to the license seizure. The
hearing must be to the court and may be conducted at the same
time as hearings upon pretrial motions in a related criminal
prosecution. The commissioner must be represented by the county
attorney.
(b) The hearing must be held at the earliest practicable
date and in any event no later than 60 days following the filing
of the petition for review.
(c) The scope of the hearing must be limited to the issue
of whether there is probable cause to believe that the person
violated section 97A.338 had unlawfully taken, possessed, or
transported wild animals with a restitution value over $500.
(d) The court shall order that the license seizure be
either sustained or rescinded. Within 14 days following the
hearing, the court shall forward a copy of the order to the
commissioner.
(e) Any party aggrieved by the decision of the reviewing
court may appeal the decision as provided in the Rules of Civil
Appellate Procedure.
Sec. 9. Minnesota Statutes 2002, section 97A.421, is
amended by adding a subdivision to read:
Subd. 4a. [SUSPENSION FOR FAILURE TO APPEAR IN COURT OR TO
PAY A FINE OR SURCHARGE.] When a court reports to the
commissioner that a person (1) has failed to appear in court
under the summons issued for a violation of the game and fish
laws or (2) has been convicted of violating a provision of the
game and fish laws, has been sentenced to the payment of a fine
or had a surcharge levied against them, and refused or failed to
comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit
privileges of the person until notified by the court that the
person has appeared in court under clause (1) or that any fine
or surcharge due the court has been paid under clause (2).
Sec. 10. Minnesota Statutes 2002, section 97A.435,
subdivision 4, is amended to read:
Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] (a)
The commissioner may conduct a separate selection for up to 20
percent of the turkey licenses to be issued for any area. Only
persons who are owners or tenants of and who live on at least 40
acres of agricultural or grazing land in the area, and their
family members, are eligible applicants for turkey licenses for
the separate selection. The qualifying agricultural or grazing
land may be noncontiguous. Persons who are unsuccessful in a
separate selection must be included in the selection for the
remaining licenses. Persons who obtain a license in a separate
selection must allow public turkey hunting on their land during
that turkey season. A license issued under this subdivision is
restricted to the land owned or leased by the holder of the
license within the permit area where the qualifying land is
located.
(b) The commissioner may by rule establish criteria for
determining eligible family members under this subdivision.
Sec. 11. Minnesota Statutes 2002, section 97A.435, is
amended by adding a subdivision to read:
Subd. 5. [SPRING SEASON.] (a) A person who has not applied
for a turkey license through the lottery or applied for a
license and was unsuccessful in the lottery, may purchase a
turkey hunting license to hunt by archery for the spring turkey
season during a combined seventh and eighth time period. A
turkey hunting license under this subdivision is separate from
the normal lottery process and is effective for hunting only in
a wild turkey permit area in the state where 50 or more licenses
are issued during an established time period.
(b) Turkey lottery preference points shall not be reduced
for a person purchasing a license under this subdivision.
(c) A person may take only one bearded turkey in a spring
turkey season regardless of whether the hunter purchased a
license through the lottery system or as provided in this
subdivision.
Sec. 12. Minnesota Statutes 2003 Supplement, section
97A.475, subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons age 18 or over and under age 65 to take
small game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to
take small game;
(3) to take turkey, $18;
(4) for persons age 16 18 or over to take deer with
firearms, $26;
(5) for persons age 16 18 or over to take deer by archery,
$26;
(6) to take moose, for a party of not more than six
persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons,
$250;
(9) to take antlered deer in more than one zone, $52;
(10) to take Canada geese during a special season, $4;
(11) to take two deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 16 18 to
take deer with firearms, $13; and
(14) for persons at least age 12 and under age 16 18 to
take deer by archery, $13.
Sec. 13. Minnesota Statutes 2003 Supplement, section
97A.475, subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $135;
(3) to take deer by archery, the greater of:
(i) an amount equal to the total amount of license fees and
surcharges charged to a Minnesota resident to take deer by
archery in the person's state or province of residence; or
(ii) $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat, fox, coyote, or lynx, $155;
(7) to take antlered deer in more than one zone, $270; and
(8) to take Canada geese during a special season, $4.
Sec. 14. Minnesota Statutes 2002, section 97A.475,
subdivision 20, is amended to read:
Subd. 20. [TRAPPING LICENSE.] The fee for a license to
trap fur-bearing animals is:
(1) for persons residents over age 13 and under age 18, $6;
and
(2) for persons residents age 18 and older, $20; and
(3) for nonresidents, $73.
Sec. 15. Minnesota Statutes 2002, section 97A.475, is
amended by adding a subdivision to read:
Subd. 25a. [LIVE BAIT RETAILER.] The fee for a live bait
retailer license is $15.
Sec. 16. Minnesota Statutes 2003 Supplement, section
97A.505, subdivision 8, is amended to read:
Subd. 8. [IMPORTATION OF HUNTER-HARVESTED CERVIDAE.]
Importation into Minnesota of hunter-harvested cervidae
carcasses from known chronic wasting disease endemic areas, as
determined by the Board of Animal Health, is prohibited except
for cut and wrapped meat, quarters or other portions of meat
with no part of the spinal column or head attached, antlers,
hides, teeth, finished taxidermy mounts, and antlers attached to
skull caps that are cleaned of all brain
tissue. Hunter-harvested cervidae carcasses taken from chronic
wasting disease endemic areas outside of Minnesota may be
transported on a direct route through the state by nonresidents.
Sec. 17. Minnesota Statutes 2002, section 97A.545,
subdivision 5, is amended to read:
Subd. 5. [BIRDS MUST BE IN UNDRESSED CONDITION;
EXCEPTIONS.] (a) Except as provided in paragraph (b), a person
may ship or otherwise transport game birds in an undressed
condition only.
(b) Paragraph (a) does not apply if the birds being shipped
or otherwise transported:
(1) were taken on a shooting preserve and are marked or
identified in accordance with section 97A.121, subdivision 5; or
(2) were taken, dressed, and lawfully shipped or otherwise
transported in another state; or
(3) are migratory game birds that were lawfully tagged and
packed by a federally permitted migratory bird preservation
facility.
Sec. 18. Minnesota Statutes 2002, section 97B.015,
subdivision 5, is amended to read:
Subd. 5. [FIREARMS SAFETY CERTIFICATE.] The commissioner
shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A
certificate may not be issued to a person under age 12. A
person that is must be at least age 11 may to take the firearms
safety course and may receive a firearms safety certificate, but
the certificate is not valid until the person is at least age
12. A firearms safety certificate issued to a person under age
12 by another state as provided in section 97B.020 is not valid
in Minnesota until the person reaches age 12. The form and
content of the firearms safety certificate shall be prescribed
by the commissioner.
Sec. 19. Minnesota Statutes 2002, section 97B.031, is
amended by adding a subdivision to read:
Subd. 5. [SCOPES; VISUALLY IMPAIRED HUNTERS.] (a)
Notwithstanding any other law to the contrary, the commissioner
may issue a special permit, without a fee, to use a muzzleloader
with a scope to take deer during the muzzleloader season to a
person who obtains the required licenses and who has a visual
impairment. The scope may not have magnification capabilities.
(b) The visual impairment must be established by medical
evidence verified in writing by a licensed physician. The
commissioner may request additional information from the
physician if needed to verify the applicant's eligibility for
the permit. Notwithstanding section 97A.418, the commissioner
may, in consultation with appropriate advocacy groups, establish
reasonable minimum standards for permits to be issued under this
subdivision.
(c) A permit issued under this subdivision may be valid for
up to five years.
(d) The commissioner may deny, modify, suspend, or revoke a
permit issued under this subdivision for cause, including a
violation of the game and fish laws or rules.
(e) A person who knowingly makes a false application or
assists another in making a false application for a permit under
this subdivision is guilty of a misdemeanor. A physician who
fraudulently certifies to the commissioner that a person is
visually impaired as described in this subdivision is guilty of
a misdemeanor.
Sec. 20. Minnesota Statutes 2002, section 97B.075, is
amended to read:
97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.]
(a) A person may not take protected wild animals, except
raccoon and fox, with a firearm between the evening and morning
times established by commissioner's rule, except as provided in
this section.
(b) Big game may be taken from one-half hour before sunrise
until one-half hour after sunset, and,.
(c) Except as otherwise prescribed by the commissioner
during the first eight days of the season before the Saturday
nearest October 8, until January 1, 2001, waterfowl may be taken
from one-half hour before sunrise until sunset during the entire
season prescribed by the commissioner. On the opening day of
the duck season, shooting hours for migratory game birds, except
woodcock, begin at 9:00 a.m.
Sec. 21. Minnesota Statutes 2002, section 97B.301,
subdivision 6, is amended to read:
Subd. 6. [RESIDENTS UNDER AGE 16 18 MAY TAKE DEER OF
EITHER SEX.] A resident under the age of 16 18 may take a deer
of either sex except in those antlerless permit areas and
seasons where no antlerless permits are offered. In antlerless
permit areas where no antlerless permits are offered, the
commissioner may provide a limited number of youth either sex
permits to residents under age 16 18, under the procedures
provided in section 97B.305, and may give preference to
residents under the age of 16 18 that have not previously been
selected. This subdivision does not authorize the taking of an
antlerless deer by another member of a party under subdivision 3.
Sec. 22. Minnesota Statutes 2002, section 97B.301,
subdivision 7, is amended to read:
Subd. 7. [ALL SEASON DEER LICENSE.] (a) A resident may
obtain an all season deer license. This license authorizes the
resident to take one buck by firearm or archery during any
season statewide. In addition, a resident obtaining this
license may take one antlerless deer:
(1) by firearms in the regular firearms season if the
resident first obtains an antlerless deer permit or if the
resident takes the antlerless deer in an area where the
commissioner has authorized taking a deer of either sex without
an antlerless permit;
(2) by archery in the archery season; or
(3) by muzzleloader in the muzzleloader season.
(b) A person obtaining an all season deer license does not
qualify for hunting under subdivision 3. The commissioner shall
issue one tag for a buck and one tag for an antlerless deer when
issuing a license under this subdivision.
Sec. 23. Minnesota Statutes 2003 Supplement, section
97B.311, is amended to read:
97B.311 [DEER SEASONS AND RESTRICTIONS.]
Subdivision 1. [RULEMAKING.] (a) The commissioner may, by
rule, prescribe restrictions and designate areas where deer may
be taken, including hunter selection criteria for special hunts
established under section 97A.401, subdivision 4. The
commissioner may, by rule, prescribe the open seasons for deer
within the following periods:
(1) taking with firearms, other than muzzle-loading
firearms, between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1
and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may
establish special seasons within designated areas at any time of
year.
Subd. 2. [ALBINO DEER PROTECTED.] A person may not take an
albino deer.
Sec. 24. Minnesota Statutes 2002, section 97B.601,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENTS: RACCOON, BOBCAT, FOX, COYOTE,
CANADA LYNX.] A nonresident may not take raccoon, bobcat, fox,
coyote, or Canada lynx by firearms without a separate license to
take that animal in addition to a small game license.
Sec. 25. Minnesota Statutes 2002, section 97B.601, is
amended by adding a subdivision to read:
Subd. 3a. [NONRESIDENTS; TRAPPING SMALL GAME.] A
nonresident may take small game by trapping only on land owned
by the nonresident, if the nonresident possesses a trapping
license and a small game license.
Sec. 26. Minnesota Statutes 2002, section 97B.721, is
amended to read:
97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE
TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]
(a) Except as provided in paragraph (b) or section 97A.405,
subdivision 2, a person may not take a turkey without possessing
a turkey license and a turkey stamp validation.
(b) The requirement in paragraph (a) to have a turkey stamp
validation does not apply to persons under age 18. An
unlicensed adult age 18 or older may assist a licensed wild
turkey hunter under the age of 16. The unlicensed adult may not
shoot or possess a firearm or bow while assisting a youth under
this paragraph.
(c) The commissioner may by rule prescribe requirements for
the tagging and registration of turkeys.
Sec. 27. Minnesota Statutes 2002, section 97B.901, is
amended to read:
97B.901 [REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.]
(a) The commissioner may, by rule, require persons taking,
possessing, and transporting fur-bearing animals to tag the
animals. The commissioner shall prescribe the manner of
issuance and the type of tag, which must show the year of
issuance. The commissioner shall issue the tag, without a fee,
upon request.
(b) The pelt of each bobcat, fisher, pine marten, and otter
must be presented, by the person taking it, to a state wildlife
manager designee for registration before the pelt is sold and
before the pelt is transported out of the state, but in no event
more than 48 hours after the season closes for the species.
Until March 1, 2003, a possession or site tag is not required
prior to registration of the fisher, pine marten, or otter.
Sec. 28. Minnesota Statutes 2002, section 97C.355,
subdivision 7, is amended to read:
Subd. 7. [DATES AND TIMES HOUSES MAY REMAIN ON ICE.]
(a) Except as provided in paragraph (d), a fish house or dark
house may not be on the ice between 12:00 a.m. and one hour
before sunrise after the following dates:
(1) the last day of February, for state waters south of a
line starting at the Minnesota-North Dakota border and formed by
rights-of-way of U.S. Route No. 10, then east along U.S. Route
No. 10 to Trunk Highway No. 34, then east along Trunk Highway
No. 34 to Trunk Highway No. 200, then east along Trunk Highway
No. 200 to U.S. Route No. 2, then east along U.S. Route No. 2 to
the Minnesota-Wisconsin border; and
(2) March 15, for other state waters.
A fish house or dark house on the ice in violation of this
subdivision is subject to the enforcement provisions of
paragraph (b). The commissioner may, by rule, change the dates
in this paragraph for any part of state waters. Copies of the
rule must be conspicuously posted on the shores of the waters as
prescribed by the commissioner.
(b) A conservation officer must confiscate a fish house or
dark house in violation of paragraph (a). The officer may
remove, burn, or destroy the house. The officer shall seize the
contents of the house and hold them for 60 days. If the seized
articles have not been claimed by the owner, they may be
retained for the use of the division or sold at the highest
price obtainable in a manner prescribed by the commissioner.
(c) When the last day of February, under paragraph (a),
clause (1), or March 15, under paragraph (a), clause (2), falls
on a Saturday, a fish house or dark house may be on the ice
between 12:00 a.m. and one hour before sunrise until 12:00 a.m.
the following Monday.
(d) A person may have a fish house or dark house on the ice
between 12:00 a.m. and one hour before sunrise on waters within
the area prescribed in paragraph (a), clause (2), but the house
may not be unattended during those hours.
Sec. 29. [97C.392] [SELLING LIVE BAIT.]
Subdivision 1. [LICENSE REQUIRED.] A person may not sell
live bait at retail without a live bait retailer license. A
person must purchase a live bait retailer license for each live
bait retail outlet operated.
Subd. 2. [LICENSE APPLICATION.] (a) An applicant for a
live bait retailer license must give the business name and
address for the retail outlet. The address must include a
street address or fire number.
(b) The retail outlet name and location may be changed for
licensing purposes upon application to the commissioner.
Subd. 3. [EXEMPTIONS.] This section does not apply to:
(1) a person who possesses a minnow retailer or dealer
license; or
(2) a resident under age 18 who does not buy bait for
resale.
Sec. 30. Minnesota Statutes 2002, section 97C.605,
subdivision 2, is amended to read:
Subd. 2. [TURTLE SELLER'S LICENSE.] (a) A person may not
take, possess, buy, or transport turtles for sale; sell turtles;
or take turtles for sale using commercial equipment without a
turtle seller's license, except as provided in subdivision 2c.
(b) Except for renewals, no new turtle seller's licenses
may be issued after August 1, 2002.
(c) A turtle seller's license is transferable by the turtle
seller licensee by making application to the commissioner. A
turtle seller's license may be transferred only once under this
paragraph and the transfer must be to a child of the person
holding the turtle seller's license.
Sec. 31. Minnesota Statutes 2003 Supplement, section
97C.605, subdivision 2c, is amended to read:
Subd. 2c. [LICENSE EXEMPTIONS.] A person does not need a
turtle seller's license or an angling license:
(1) when buying turtles for resale at a retail outlet;
(2) when buying a turtle at a retail outlet;
(3) if the person is a nonresident buying a turtle from a
licensed turtle seller for export out of state. Shipping
documents provided by the turtle seller must accompany each
shipment exported out of state by a nonresident. Shipping
documents must include: name, address, city, state, and zip
code of the buyer; number of each species of turtle; and name
and license number of the turtle seller; or
(4) to take, possess, and rent or sell up to 25
turtles greater than four inches in length for the purpose of
providing the turtles to participants at a nonprofit turtle
race, if the person is a resident under age 18. The person is
responsible for the well-being of the turtles.
Sec. 32. [REPORT.]
By January 15, 2006, the commissioner shall report to the
chairs of the senate and house committees having jurisdiction
over natural resources policy, evaluating the impacts of the
change in shooting hours, including harvest success and the
effect on local waterfowl populations.
Sec. 33. [REPORTS AND COOPERATIVE EFFORTS REGARDING LEAD
FISHING TACKLE.]
Subdivision 1. [MULTIJURISDICTIONAL COOPERATION FOR LEAD
TACKLE RESTRICTIONS AND EDUCATION.] In order to promote
consistent, nationally applicable regulations and education, the
commissioner of natural resources shall coordinate and
participate in efforts to promote national laws and educational
programs regarding lead fishing tackle. The commissioner may
participate with other jurisdictions, including federal, state
and international governments, in activities under this
subdivision, including advocacy for uniform laws, educational
efforts, and the creation of incentives to use nonlead tackle.
The commissioner may solicit and involve tackle manufacturers,
conservation organizations, and fishing associations in
cooperative efforts under this subdivision.
Subd. 2. [LEAD TACKLE AWARENESS AND PUBLIC EDUCATION.] The
commissioner of natural resources and the director of the Office
of Environmental Assistance shall provide public education
regarding concerns about lead fishing tackle and promote the
availability of nonlead fishing tackle.
Subd. 3. [VOLUNTARY CONSERVATION OFFICER PARTICIPATION IN
LEAD TACKLE AWARENESS CAMPAIGN.] Conservation officers in the
Department of Natural Resources may provide information to
anglers regarding lead tackle and may provide samples of
lead-free sinkers and jigs.
Subd. 4. [REPORT ON HEALTH HAZARDS OF HOME MANUFACTURE OF
FISHING TACKLE.] The commissioners of health and the Pollution
Control Agency may provide a report to the legislative
committees with jurisdiction over environmental and health
policies regarding the health hazards associated with the home
manufacture of lead fishing tackle. The report may make
recommendations to mitigate the concerns associated with any
identifiable health hazard discussed in the report.
Sec. 34. [GRANTS.]
The director of the Office of Environmental Assistance, in
consultation with the commissioner of natural resources, may
make grants under Minnesota Statutes, sections 115A.152 and
115D.04, to generators, conservation organizations, and angler
associations to assist in reducing the use of lead fishing
tackle, including grants for educational activities.
Sec. 35. [REPORT.]
By August 1, 2005, the commissioner shall report to the
house and senate policy committees with jurisdiction over
natural resources on the results of the mourning dove season
authorized by this act. The report must include a description
of the impact of the season on the mourning dove population in
the state.
Sec. 36. [QUALITY DEER MANAGEMENT PILOT ZONE; YOUTH EARLY
SEASON FIREARMS DEER HUNT.]
(a) The commissioner of natural resources may establish a
quality deer management pilot zone, under Minnesota Statutes,
section 97B.311, consisting of Kittson, Lake of the Woods,
Marshall, Pennington, and Roseau Counties. A person age 18 or
older may not take an antlered deer by firearms in the quality
deer management pilot zone with antlers that:
(1) are less than the width of the ears when the ears are
fully extended; and
(2) have fewer than four points on one side.
(b) The commissioner shall establish an early season
two-day, special firearms deer season, under Minnesota Statutes,
section 97B.112, for youth residents that are at least age 12
and under age 15 to take an antlerless deer in Kittson, Lake of
the Woods, Marshall, Pennington, and Roseau Counties. The
two-day special season shall be established on the weekend
following the third Thursday in October.
(c) A violation related to antler size in the quality deer
management zone is not a crime and shall not result in a
penalty, but is punishable only by a warning.
(d) If a quality deer management pilot zone is established,
the commissioner shall annually report to the senate and house
of representatives committees with jurisdiction over natural
resources policy on the quality deer management pilot zone. The
report must include information on the number of antlered deer
taken in the quality deer management pilot zone and estimates of
the antlered deer population in the zone, including the quality
of the population.
(e) This section expires on December 31, 2008.
Sec. 37. [ROADSIDE WILDLIFE HABITAT STUDY; REPORT.]
The commissioner of natural resources, in consultation with
the commissioner of transportation and other interested persons,
shall study and make recommendations to improve and promote
wildlife habitat within the right-of-ways of public roads in the
state and the impact of those recommendations on public safety.
The study must include, but is not limited to, an analysis of
current mowing restrictions and any recommendations for changes
to those restrictions, under Minnesota Statutes, section
160.232. By January 15, 2005, the commissioner of natural
resources shall provide a report of the study and
recommendations under this section to the senate and house
committees with jurisdiction over natural resource policy and
transportation policy.
Sec. 38. [REPEALER.]
Minnesota Statutes 2002, section 97B.731, subdivision 2, is
repealed.
Presented to the governor May 15, 2004
Signed by the governor May 19, 2004, 9:35 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes