1.1 	A bill for an act
1.2 	relating to game and fish; modifying certain
1.3 	definitions; providing for disposition and use of
1.4 	certain revenue; providing for special fish management
1.5 	tags; modifying authority to take animals causing
1.6 	damage; modifying use of scopes by visually impaired
1.7 	hunters; modifying certain license requirements;
1.8 	modifying restrictions on taking waterfowl;
1.9 	authorizing rulemaking; modifying requirements for
1.10 	field training hunting dogs; modifying trapping
1.11 	provisions; modifying period for treeing raccoons;
1.12 	modifying restrictions on decoys; modifying
1.13 	disposition of state hatchery products; modifying
1.14 	fishing and commercial fishing provisions; repealing
1.15 	authority for the Mississippi River Fish Refuge;
1.16 	repealing authority to issue certain orders;
1.17 	appropriating money; amending Minnesota Statutes 2004,
1.18 	sections 84.027, subdivision 13; 97A.015, subdivisions
1.19 	29, 49; 97A.045, subdivision 1; 97A.071, subdivision
1.20 	2; 97A.075; 97A.401, subdivision 5; 97A.405,
1.21 	subdivision 4, by adding a subdivision; 97A.441,
1.22 	subdivision 7; 97A.451, subdivisions 3, 5; 97A.475,
1.23 	subdivision 7; 97A.551, by adding a subdivision;
1.24 	97B.005, subdivisions 1, 3; 97B.031, subdivision 5;
1.25 	97B.621, subdivision 2; 97B.655, subdivision 2;
1.26 	97B.805, subdivision 1; 97B.811, subdivisions 3, 4a;
1.27 	97C.085; 97C.203; 97C.327; 97C.401, subdivision 2;
1.28 	97C.825, subdivision 5; proposing coding for new law
1.29 	in Minnesota Statutes, chapters 97C; repealing
1.30 	Minnesota Statutes 2004, sections 88.27; 97B.005,
1.31 	subdivision 4; 97B.935; 97C.015; 97C.403; 97C.825,
1.32 	subdivisions 6, 7, 8, 9.
1.33 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.34 	Section 1. Minnesota Statutes 2004, section 84.027,
1.35 	subdivision 13, is amended to read:
1.36 		Subd. 13.Game and fish rules.  (a) The commissioner of
1.37 	natural resources may adopt rules under sections 97A.0451 to
1.38 	97A.0459 and this subdivision that are authorized under:
1.39 	(1) chapters 97A, 97B, and 97C to set open seasons and
2.1 	areas, to close seasons and areas, to select hunters for areas,
2.2 	to provide for tagging and registration of game and fish, to
2.3 	prohibit or allow taking of wild animals to protect a species,
2.4 	to prevent or control wildlife disease, and to prohibit or allow
2.5 	importation, transportation, or possession of a wild animal;
2.6 	(2) sections 84.093, 84.15, and 84.152 to set seasons for
2.7 	harvesting wild ginseng roots and wild rice and to restrict or
2.8 	prohibit harvesting in designated areas; and
2.9 	(3) section 84D.12 to designate prohibited invasive
2.10 	species, regulated invasive species, unregulated nonnative
2.11 	species, and infested waters.
2.12 	(b) If conditions exist that do not allow the commissioner
2.13 	to comply with sections 97A.0451 to 97A.0459, the commissioner
2.14 	may adopt a rule under this subdivision by submitting the rule
2.15 	to the attorney general for review under section 97A.0455,
2.16 	publishing a notice in the State Register and filing the rule
2.17 	with the secretary of state and the Legislative Coordinating
2.18 	Commission, and complying with section 97A.0459, and including a
2.19 	statement of the emergency conditions and a copy of the rule in
2.20 	the notice.  The notice may be published after it is received
2.21 	from the attorney general or five business days after it is
2.22 	submitted to the attorney general, whichever is earlier.
2.23 	(c) Rules adopted under paragraph (b) are effective upon
2.24 	publishing in the State Register and may be effective up to
2.25 	seven days before publishing and filing under paragraph (b), if:
2.26 	(1) the commissioner of natural resources determines that
2.27 	an emergency exists;
2.28 	(2) the attorney general approves the rule; and
2.29 	(3) for a rule that affects more than three counties the
2.30 	commissioner publishes the rule once in a legal newspaper
2.31 	published in Minneapolis, St. Paul, and Duluth, or for a rule
2.32 	that affects three or fewer counties the commissioner publishes
2.33 	the rule once in a legal newspaper in each of the affected
2.34 	counties.
2.35 	(d) Except as provided in paragraph (e), a rule published
2.36 	under paragraph (c), clause (3), may not be effective earlier
3.1 	than seven days after publication.
3.2 	(e) A rule published under paragraph (c), clause (3), may
3.3 	be effective the day the rule is published if the commissioner
3.4 	gives notice and holds a public hearing on the rule within 15
3.5 	days before publication.
3.6 	(f) The commissioner shall attempt to notify persons or
3.7 	groups of persons affected by rules adopted under paragraphs (b)
3.8 	and (c) by public announcements, posting, and other appropriate
3.9 	means as determined by the commissioner.
3.10 	(g) Notwithstanding section 97A.0458, a rule adopted under
3.11 	this subdivision is effective for the period stated in the
3.12 	notice but not longer than 18 months after the rule is adopted.

3.13 	Sec. 2. Minnesota Statutes 2004, section 97A.015,
3.14 	subdivision 29, is amended to read:
3.15 		Subd. 29.Minnows.  "Minnows" means:  (1) members of the
3.16 	minnow family, Cyprinidae, except carp and goldfish; (2) members
3.17 	of the mudminnow family, Umbridae; (3) members of the sucker
3.18 	family, Catostomidae, not over 12 inches in length; (4)
3.19 	bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not
3.20 	over seven inches long; and (5) leeches; and (6) tadpole madtoms
3.21 	(willow cats) and stonecats.
3.22 	
EFFECTIVE DATE. This section is effective the day
3.23 	following final enactment.

3.24 	Sec. 3. Minnesota Statutes 2004, section 97A.015,
3.25 	subdivision 49, is amended to read:
3.26 		Subd. 49.Undressed bird.  "Undressed bird" means:
3.27 	(1) a bird, excluding migratory waterfowl, pheasant,
3.28 	Hungarian partridge, turkey,or grouse, with feet and feathered
3.29 	head intact;
3.30 	(2) a migratory waterfowl, excluding geese, with a fully
3.31 	feathered wing and head attached;
3.32 	(3) a pheasant, Hungarian partridge, turkey,or grouse with
3.33 	one leg and foot or the fully feathered head or wing intact; or
3.34 	(4) a goose with a fully feathered wing attached.

3.35 	Sec. 4. Minnesota Statutes 2004, section 97A.045,
3.36 	subdivision 1, is amended to read:
4.1 		Subdivision 1.Duties; generally.  The commissioner shall
4.2 	do all things the commissioner determines are necessary to
4.3 	preserve, protect, and propagate desirable species of wild
4.4 	animals.  The commissioner shall make special provisions for the
4.5 	management of fish and wildlife to ensure recreational
4.6 	opportunities for anglers and hunters.  The commissioner shall
4.7 	acquire wild animals for breeding or stocking and may dispose of
4.8 	or destroy undesirable or predatory wild animals and their dens,
4.9 	nests, houses, or dams.

4.10 	Sec. 5. Minnesota Statutes 2004, section 97A.071,
4.11 	subdivision 2, is amended to read:
4.12 		Subd. 2.Revenue from small game license surcharge and
4.13 	lifetime licenses.  Revenue from the small game surcharge and
4.14 	$6.50 annually from the lifetime fish and wildlife trust fund,
4.15 	established in section 97A.4742, for each license issued under
4.16 	sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision
4.17 	3, shall be credited to the wildlife acquisition account and the
4.18 	money in the account shall be used by is annually appropriated
4.19 	to the commissioner only for the purposes of this section, and
4.20 	acquisition and development of wildlife lands under section
4.21 	97A.145 and maintenance of the lands, in accordance with
4.22 	appropriations made by the legislature.

4.23 	Sec. 6. Minnesota Statutes 2004, section 97A.075, is
4.24 	amended to read:
4.25 	97A.075 USE OF LICENSE REVENUES.
4.26 		Subdivision 1.Deer, bear, and lifetime licenses. (a)
4.27 	For purposes of this subdivision, "deer license" means a license
4.28 	issued under section 97A.475, subdivisions 2, clauses (4), (5),
4.29 	(9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and
4.30 	licenses issued under section 97B.301, subdivision 4.
4.31 	(b) At least $2 from each annual deer license and $2
4.32 	annually from the lifetime fish and wildlife trust fund,
4.33 	established in section 97A.4742, for each license issued under
4.34 	section 97A.473, subdivision 4, shall be used is annually
4.35 	appropriated to the commissioner for deer habitat improvement or
4.36 	deer management programs.
5.1 	(c) At least $1 from each annual deer license and each bear
5.2 	license and $1 annually from the lifetime fish and wildlife
5.3 	trust fund, established in section 97A.4742, for each license
5.4 	issued under section 97A.473, subdivision 4, shall be used is
5.5 	annually appropriated to the commissioner for deer and bear
5.6 	management programs, including a computerized licensing system.
5.7 	Fifty cents from each deer license is appropriated for emergency
5.8 	deer feeding and wild cervidae health management.  Money
5.9 	appropriated for emergency deer feeding and wild cervidae health
5.10 	management is available until expended.  When the unencumbered
5.11 	balance in the appropriation for emergency deer feeding and wild
5.12 	cervidae health management at the end of a fiscal year exceeds
5.13 	$2,500,000 for the first time, $750,000 is canceled to the
5.14 	unappropriated balance of the game and fish fund.  The
5.15 	commissioner must inform the legislative chairs of the natural
5.16 	resources finance committees every two years on how the money
5.17 	for emergency deer feeding and wild cervidae health management
5.18 	has been spent.
5.19 	Thereafter, when the unencumbered balance in the
5.20 	appropriation for emergency deer feeding and wild cervidae
5.21 	health management exceeds $2,500,000 at the end of a fiscal
5.22 	year, the unencumbered balance in excess of $2,500,000 is
5.23 	canceled and available for deer and bear management programs and
5.24 	computerized licensing.
5.25 		Subd. 2.Minnesota migratory waterfowl stamp. (a) Ninety
5.26 	percent of the revenue from the Minnesota migratory waterfowl
5.27 	stamps must be credited to the waterfowl habitat improvement
5.28 	account.  Money in the account may be used is annually
5.29 	appropriated to the commissioner only for:
5.30 	(1) development of wetlands and lakes in the state and
5.31 	designated waterfowl management lakes for maximum migratory
5.32 	waterfowl production including habitat evaluation, the
5.33 	construction of dikes, water control structures and
5.34 	impoundments, nest cover, rough fish barriers, acquisition of
5.35 	sites and facilities necessary for development and management of
5.36 	existing migratory waterfowl habitat and the designation of
6.1 	waters under section 97A.101;
6.2 	(2) management of migratory waterfowl;
6.3 	(3) development, restoration, maintenance, or preservation
6.4 	of migratory waterfowl habitat;
6.5 	(4) acquisition of and access to structure sites; and
6.6 	(5) the promotion of waterfowl habitat development and
6.7 	maintenance, including promotion and evaluation of government
6.8 	farm program benefits for waterfowl habitat.
6.9 	(b) Money in the account may not be used for costs unless
6.10 	they are directly related to a specific parcel of land or body
6.11 	of water under paragraph (a), clause (1), (3), (4), or (5), or
6.12 	to specific management activities under paragraph (a), clause
6.13 	(2).
6.14 		Subd. 3.Trout and salmon stamp. (a) Ninety percent of
6.15 	the revenue from trout and salmon stamps must be credited to the
6.16 	trout and salmon management account.  Money in the account may
6.17 	be used is annually appropriated to the commissioner only for:
6.18 	(1) the development, restoration, maintenance, improvement,
6.19 	protection,and preservation of habitat for trout and salmon in 
6.20 	trout streams and lakes, including, but not limited to,
6.21 	evaluating habitat; stabilizing eroding stream banks; adding
6.22 	fish cover; modifying stream channels; managing vegetation to
6.23 	protect, shade, or reduce runoff on stream banks; and purchasing
6.24 	equipment to accomplish these tasks;
6.25 	(2) rearing of trout and salmon and , including utility and
6.26 	service costs associated with coldwater hatchery buildings and
6.27 	systems;stocking of trout and salmon in streams and lakes and
6.28 	Lake Superior; and monitoring and evaluating stocked trout and
6.29 	salmon;
6.30 	(3) acquisition of easements and fee title along trout
6.31 	waters;
6.32 	(4) identifying easement and fee title areas along trout
6.33 	waters; and
6.34 	(5) research and special management projects on trout
6.35 	streams, trout lakes, and Lake Superior and the anadromous 
6.36 	portions of its tributaries.
7.1 	(b) Money in the account may not be used for costs unless
7.2 	they are directly related to a specific parcel of land or body
7.3 	of water under paragraph (a) or ,to specific fish rearing
7.4 	activities under paragraph (a), clause (2), or for costs
7.5 	associated with supplies and equipment to implement trout and
7.6 	salmon management activities under paragraph (a).
7.7 		Subd. 4.Pheasant stamp. (a) Ninety percent of the
7.8 	revenue from pheasant stamps must be credited to the pheasant
7.9 	habitat improvement account.  Money in the account may be used 
7.10 	is annually appropriated to the commissioner only for:
7.11 	(1) the development, restoration, and maintenance of
7.12 	suitable habitat for ringnecked pheasants on public and private
7.13 	land including the establishment of nesting cover, winter cover,
7.14 	and reliable food sources;
7.15 	(2) reimbursement of landowners for setting aside lands for
7.16 	pheasant habitat;
7.17 	(3) reimbursement of expenditures to provide pheasant
7.18 	habitat on public and private land;
7.19 	(4) the promotion of pheasant habitat development and
7.20 	maintenance, including promotion and evaluation of government
7.21 	farm program benefits for pheasant habitat; and
7.22 	(5) the acquisition of lands suitable for pheasant habitat
7.23 	management and public hunting.
7.24 	(b) Money in the account may not be used for:
7.25 	(1) costs unless they are directly related to a specific
7.26 	parcel of land under paragraph (a), clause (1), (3), or (5), or
7.27 	to specific promotional or evaluative activities under paragraph
7.28 	(a), clause (4); or
7.29 	(2) any personnel costs, except that prior to July 1, 2009,
7.30 	personnel may be hired to provide technical and promotional
7.31 	assistance for private landowners to implement conservation
7.32 	provisions of state and federal programs.
7.33 		Subd. 5.Turkey stamps. (a) Ninety percent of the
7.34 	revenue from turkey stamps must be credited to the wild turkey
7.35 	management account.  Money in the account may be used is
7.36 	annually appropriated to the commissioner only for:
8.1 	(1) the development, restoration, and maintenance of
8.2 	suitable habitat for wild turkeys on public and private land
8.3 	including forest stand improvement and establishment of nesting
8.4 	cover, winter roost area, and reliable food sources;
8.5 	(2) acquisitions of, or easements on, critical wild turkey
8.6 	habitat;
8.7 	(3) reimbursement of expenditures to provide wild turkey
8.8 	habitat on public and private land;
8.9 	(4) trapping and transplantation of wild turkeys; and
8.10 	(5) the promotion of turkey habitat development and
8.11 	maintenance, population surveys and monitoring, and research.
8.12 	(b) Money in the account may not be used for:
8.13 	(1) costs unless they are directly related to a specific
8.14 	parcel of land under paragraph (a), clauses (1) to (3), a
8.15 	specific trap and transplant project under paragraph (a), clause
8.16 	(4), or to specific promotional or evaluative activities under
8.17 	paragraph (a), clause (5); or
8.18 	(2) any permanent personnel costs.

8.19 	Sec. 7. Minnesota Statutes 2004, section 97A.401,
8.20 	subdivision 5, is amended to read:
8.21 		Subd. 5.Wild animals damaging property.  Special permits
8.22 	may be issued with or without a fee to take protected wild
8.23 	animals that are damaging property or to remove or destroy their
8.24 	dens, nests, houses, or dams.  A special permit issued under
8.25 	this subdivision to take beaver must state the number to be
8.26 	taken.

8.27 	Sec. 8. Minnesota Statutes 2004, section 97A.405,
8.28 	subdivision 4, is amended to read:
8.29 		Subd. 4.Replacement licenses. (a) The commissioner may
8.30 	permit licensed firearms deer hunters to change zone, license,
8.31 	or season options before the regular firearms deer season
8.32 	begins.  The commissioner may issue a replacement license if the
8.33 	applicant submits the original firearms deer license and unused
8.34 	tags that is are being replaced and the applicant pays any
8.35 	increase in cost between the original and the replacement
8.36 	license.
9.1 	(b) A replacement license may be issued only if the
9.2 	applicant has not used any tag from the original license and
9.3 	meets the conditions of paragraph (c).  The original license and
9.4 	all unused tags for that license must be submitted to the
9.5 	issuing agent at the time the replacement license is issued.
9.6 	(c) A replacement license may be issued under the following
9.7 	conditions, or as otherwise prescribed by rule of the
9.8 	commissioner:
9.9 	(1) when the season for the license being surrendered has
9.10 	not yet opened; or 
9.11 	(2) when the person is upgrading from a regular firearms or
9.12 	archery deer license to a deer license that is valid in multiple
9.13 	zones.
9.14 	(d) Notwithstanding section 97A.411, subdivision 3, a
9.15 	replacement license is valid immediately upon issuance if the
9.16 	license being surrendered is valid at that time.

9.17 	Sec. 9. Minnesota Statutes 2004, section 97A.405, is
9.18 	amended by adding a subdivision to read:
9.19 		Subd. 5.Resident licenses. To obtain a resident
9.20 	license, a resident 21 years of age or older must:
9.21 	(1) possess a current Minnesota driver's license;
9.22 	(2) possess a current identification card issued by the
9.23 	commissioner of public safety; or 
9.24 	(3) present evidence showing proof of residency in cases
9.25 	when clause (1) or (2) would violate the Religious Freedom
9.26 	Restoration Act of 1993, Public Law 103-141.

9.27 	Sec. 10. Minnesota Statutes 2004, section 97A.441,
9.28 	subdivision 7, is amended to read:
9.29 		Subd. 7.Owners or tenants of agricultural land.  (a) The
9.30 	commissioner may issue, without a fee, a license to take an
9.31 	antlerless deer to a person who is an owner or tenant and is
9.32 	living and actively farming on at least 80 acres of agricultural
9.33 	land, as defined in section 97B.001, in deer permit areas that
9.34 	have deer archery licenses to take additional deer under section
9.35 	97B.301, subdivision 4.  A person may receive only one license
9.36 	per year under this subdivision.  For properties with co-owners
10.1 	or cotenants, only one co-owner or cotenant may receive a
10.2 	license under this subdivision per year.  The license issued
10.3 	under this subdivision is restricted to the land owned or leased
10.4 	for agricultural purposes or owned by the holder of the license
10.5 	within the permit area where the qualifying land is located.
10.6 	The holder of the license may transfer the license to the
10.7 	holder's spouse or dependent.  Notwithstanding sections 97A.415,
10.8 	subdivision 1, and 97B.301, subdivision 2, the holder of the
10.9 	license may purchase an additional license for taking deer and
10.10 	may take an additional deer under that license.
10.11 	(b) A person who obtains a license under paragraph (a) must
10.12 	allow public deer hunting on their land during that deer hunting
10.13 	season, with the exception of the first Saturday and Sunday
10.14 	during the deer hunting season applicable to the license issued
10.15 	under section 97A.475, subdivision 2, clauses (4) and (13).

10.16 	Sec. 11. Minnesota Statutes 2004, section 97A.451,
10.17 	subdivision 3, is amended to read:
10.18 		Subd. 3.Residents under age 16; small game.  (a) A
10.19 	resident under age 16 may not obtain a small game license but
10.20 	may take small game by firearms or bow and arrow without a
10.21 	license if the resident is:
10.22 	(1) age 14 or 15 and possesses a firearms safety
10.23 	certificate;
10.24 	(2) age 13, possesses a firearms safety certificate, and is
10.25 	accompanied by a parent or guardian; or
10.26 	(3) age 12 or under and is accompanied by a parent or
10.27 	guardian.
10.28 	(b) A resident under age 16 may take small game by trapping
10.29 	without a small game license, but a resident 13 years of age or
10.30 	older must have a trapping license.  A resident under age 13 may
10.31 	trap without a trapping license, but may not trap fisher, otter,
10.32 	bobcat, or pine marten unless the resident is at least age 8.

10.33 	Sec. 12. Minnesota Statutes 2004, section 97A.451,
10.34 	subdivision 5, is amended to read:
10.35 		Subd. 5.Nonresidents under age 16. (a) A nonresident
10.36 	under the age of 16 may take fish by angling without a license
11.1 	if accompanied by a parent or guardian who has a fishing license.
11.2 	Fish taken by a nonresident under the age of 16 without a
11.3 	license must be included in the limit of the parent or guardian.
11.4 	(b) A nonresident under age 16 may purchase a nonresident
11.5 	fishing license, take fish by angling, and possess a limit of
11.6 	fish.
11.7 	
EFFECTIVE DATE. This section is effective March 1, 2006.

11.8 	Sec. 13. Minnesota Statutes 2004, section 97A.475,
11.9 	subdivision 7, is amended to read:
11.10 		Subd. 7.Nonresident fishing.  Fees for the following
11.11 	licenses, to be issued to nonresidents, are:
11.12 	(1) to take fish by angling, $34;
11.13 	(2) to take fish by angling limited to seven consecutive
11.14 	days selected by the licensee, $24;
11.15 	(3) to take fish by angling for a 72-hour period selected
11.16 	by the licensee, $20;
11.17 	(4) to take fish by angling for a combined license for a
11.18 	family married couple, $46;
11.19 	(5) to take fish by angling for a 24-hour period selected
11.20 	by the licensee, $8.50; and
11.21 	(6) to take fish by angling for a combined license for a
11.22 	married couple, limited to 14 consecutive days selected by one
11.23 	of the licensees, $35.
11.24 	
EFFECTIVE DATE. This section is effective March 1, 2006.

11.25 	Sec. 14. Minnesota Statutes 2004, section 97A.551, is
11.26 	amended by adding a subdivision to read:
11.27 		Subd. 6.Tagging and registration. The commissioner may,
11.28 	by rule, require persons taking, possessing, and transporting
11.29 	certain species of fish to tag the fish with a special fish
11.30 	management tag and may require registration of tagged fish.  A
11.31 	person may not possess or transport a fish species taken in the
11.32 	state for which a special fish management tag is required unless
11.33 	a tag is attached to the fish in a manner prescribed by the
11.34 	commissioner.  The commissioner shall prescribe the manner of
11.35 	issuance and the type of tag as authorized under section
11.36 	97C.087.  The tag must be attached to the fish as prescribed by
12.1 	the commissioner immediately upon reducing the fish to
12.2 	possession and must remain attached to the fish until the fish
12.3 	is processed or consumed.  Species for which a special fish
12.4 	management tag is required must be transported undressed.

12.5 	Sec. 15. Minnesota Statutes 2004, section 97B.005,
12.6 	subdivision 1, is amended to read:
12.7 		Subdivision 1.Field training; permit required for
12.8 	certain period.  A person may not train hunting dogs afield on
12.9 	public lands from April 16 to July 14 except by special permit.
12.10 	The commissioner may issue a special permit, without a fee, to
12.11 	train hunting dogs afield on land owned by the trainer or on
12.12 	land that the owner provides written permission.  The written
12.13 	permission must be carried in personal possession of the trainer
12.14 	while training the dogs.

12.15 	Sec. 16. Minnesota Statutes 2004, section 97B.005,
12.16 	subdivision 3, is amended to read:
12.17 		Subd. 3.Permits for organizations and individuals to use
12.18 	game birds and firearms. (a) The commissioner may issue special
12.19 	permits, without a fee, to organizations and individuals to use
12.20 	firearms and live ammunition on domesticated birds or banded
12.21 	game birds from game farms.
12.22 	(b) Permits for holding field trials and may be issued to
12.23 	organizations.  The permit shall specify the dates and locations
12.24 	of the field trial.  The commissioner may limit the number of
12.25 	dates approved for any organization.
12.26 	(c) Permits for training hunting dogs may be issued to an
12.27 	individual.
12.28 	(d) Domesticated birds, other than pigeons, and game farm
12.29 	birds used for trials or training under this section must be
12.30 	clearly marked with dye or a streamer attached to a leg in a
12.31 	manner that makes them visually identifiable prior to being
12.32 	taken.

12.33 	Sec. 17. Minnesota Statutes 2004, section 97B.031,
12.34 	subdivision 5, is amended to read:
12.35 		Subd. 5.Scopes; visually impaired hunters.  (a)
12.36 	Notwithstanding any other law to the contrary, the commissioner
13.1 	may issue a special permit, without a fee, to use a muzzleloader
13.2 	with a scope to take deer during the muzzleloader season to a
13.3 	person who obtains the required licenses and who has a visual
13.4 	impairment.  The scope may not have magnification capabilities.
13.5 	(b) The visual impairment must be such that the applicant
13.6 	is unable to identify targets and the rifle sights at the same
13.7 	time without a scope.  The visual impairment and specific
13.8 	conditions must be established by medical evidence verified in
13.9 	writing by a licensed physician, ophthalmologist, or
13.10 	optometrist.  The commissioner may request additional
13.11 	information from the physician if needed to verify the
13.12 	applicant's eligibility for the permit. Notwithstanding section
13.13 	97A.418, the commissioner may, in consultation with appropriate
13.14 	advocacy groups, establish reasonable minimum standards for
13.15 	permits to be issued under this subdivision.
13.16 	(c) A permit issued under this subdivision may be valid for
13.17 	up to five years, based on the permanence of the visual
13.18 	impairment as determined by the licensed physician,
13.19 	ophthalmologist, or optometrist.
13.20 	(d) The permit must be in the immediate possession of the
13.21 	permittee when hunting under the special permit.
13.22 	(e) The commissioner may deny, modify, suspend, or revoke a
13.23 	permit issued under this subdivision for cause, including a
13.24 	violation of the game and fish laws or rules.
13.25 	(e) (f) A person who knowingly makes a false application or
13.26 	assists another in making a false application for a permit under
13.27 	this subdivision is guilty of a misdemeanor.  A physician,
13.28 	ophthalmologist, or optometrist who fraudulently certifies to
13.29 	the commissioner that a person is visually impaired as described
13.30 	in this subdivision is guilty of a misdemeanor.

13.31 	Sec. 18. Minnesota Statutes 2004, section 97B.621,
13.32 	subdivision 2, is amended to read:
13.33 		Subd. 2.Period for treeing raccoons.  Notwithstanding
13.34 	subdivision 1 and section 97B.005, subdivision 1, a person may
13.35 	use dogs to pursue and tree raccoons without killing or
13.36 	capturing the raccoons:
14.1 	(1) from January 1 to April 15 and from July 15 to October
14.2 	14; and 
14.3 	(2) from April 16 to July 14 in raccoon dog field trials
14.4 	under special permit issued by the commissioner under section
14.5 	97B.005, subdivision 1 during the closed season and a license is
14.6 	not required.

14.7 	Sec. 19. Minnesota Statutes 2004, section 97B.655,
14.8 	subdivision 2, is amended to read:
14.9 		Subd. 2.Special permit for taking protected wild
14.10 	animals.  The commissioner may issue special permits under
14.11 	section 97A.401, subdivision 5, to take protected wild animals
14.12 	that are damaging property or to remove or destroy their dens,
14.13 	nests, houses, or dams.

14.14 	Sec. 20. Minnesota Statutes 2004, section 97B.805,
14.15 	subdivision 1, is amended to read:
14.16 		Subdivision 1.Hunter must be concealed.  (a) A person
14.17 	may not take migratory waterfowl, coots, or rails in open water
14.18 	unless the person is:
14.19 	(1) within a natural growth of vegetation sufficient to
14.20 	partially conceal the person or boat; or 
14.21 	(2) on a river or stream that is not more than 100 yards in
14.22 	width; or 
14.23 	(3) pursuing or shooting wounded birds.
14.24 	(b) A person may not take migratory waterfowl, coots, or
14.25 	rails in public waters from a permanent artificial blind or sink
14.26 	box.

14.27 	Sec. 21. Minnesota Statutes 2004, section 97B.811,
14.28 	subdivision 3, is amended to read:
14.29 		Subd. 3.Restrictions on leaving decoys
14.30 	overnight unattended.  During the open season for waterfowl, a
14.31 	person may not leave decoys in public waters between sunset and
14.32 	one hour before lawful shooting hours or leave decoys unattended
14.33 	during other times for more than two consecutive hours unless:
14.34 	(1) the decoys are in waters adjacent to private land under
14.35 	the control of the hunter; and
14.36 	(2) there is not natural vegetation growing in water
15.1 	sufficient to partially conceal a hunter.

15.2 	Sec. 22. Minnesota Statutes 2004, section 97B.811,
15.3 	subdivision 4a, is amended to read:
15.4 		Subd. 4a.Restrictions on certain motorized decoys.  From
15.5 	the opening day of the duck season through the Saturday nearest
15.6 	October 8, a person may not use a motorized decoy on public
15.7 	waters with visible, moving parts that are above the water
15.8 	surface , or other motorized device designed to attract migratory
15.9 	birds,to take migratory waterfowl, other than geese. During
15.10 	the remainder of the duck season, the commissioner may, by rule,
15.11 	designate all or any portion of a wetland or lake closed to the
15.12 	use of motorized decoys or motorized devices designed to attract
15.13 	migratory birds.  On water bodies and lands fully contained
15.14 	within wildlife management area boundaries, a person may not use
15.15 	motorized decoys or motorized devices designed to attract
15.16 	migratory birds at any time during the duck season.

15.17 	Sec. 23. Minnesota Statutes 2004, section 97C.085, is
15.18 	amended to read:
15.19 	97C.085 PERMIT REQUIRED FOR TAGGING FISH.
15.20 	A person may not tag or otherwise mark a live fish for
15.21 	identification without a permit from the commissioner, except
15.22 	for special fish management tags as authorized under section
15.23 	97A.551.

15.24 	Sec. 24. [97C.087] SPECIAL FISH MANAGEMENT TAGS.
15.25 		Subdivision 1.Tags to be issued. If the commissioner
15.26 	determines it is necessary to require that a species of fish be
15.27 	tagged with a special fish management tag, the commissioner
15.28 	shall prescribe, by rule, the species to be tagged, tagging
15.29 	procedures, and eligibility requirements.
15.30 		Subd. 2.Application for tag. Application for special
15.31 	fish management tags must be accompanied by a $5, nonrefundable
15.32 	application fee for each tag.  A person may not make more than
15.33 	one tag application each year.  If a person makes more than one
15.34 	application, the person is ineligible for a special fish
15.35 	management tag for that season after determination by the
15.36 	commissioner, without a hearing.

16.1 	Sec. 25. Minnesota Statutes 2004, section 97C.203, is
16.2 	amended to read:
16.3 	97C.203 DISPOSAL OF STATE HATCHERY EGGS OR FRY PRODUCTS.
16.4 	The commissioner shall dispose of game fish eggs and fry 
16.5 	fish hatchery products according to the following order of
16.6 	priorities:
16.7 	(1) distribution of fish eggs and fry to state hatcheries
16.8 	to hatch fry or raise fingerlings for stocking waters of the
16.9 	state for recreational fishing;
16.10 	(2) transfer to other government agencies in exchange for
16.11 	fish or wildlife resources of equal value or private fish
16.12 	hatcheries in exchange for fish to be stocked in waters of the
16.13 	state for recreational fishing;
16.14 	(3) sale of fish eggs and fry to private fish hatcheries or
16.15 	licensed aquatic farms at a price not less than the fair
16.16 	wholesale market value, established as the average price charged
16.17 	at the state's private hatcheries and contiguous states per
16.18 	volume rates; and 
16.19 	(4) transfer to other government agencies, colleges, or
16.20 	universities for cooperative fish management and research
16.21 	purposes; and 
16.22 	(5) sale of not more than $25 fair market value to any
16.23 	school, museum, or commercial enterprise for curriculum
16.24 	implementation, educational programs, public exhibition, or
16.25 	cooperative displays.

16.26 	EFFECTIVE DATE. This section is effective the day
16.27 	following final enactment.

16.28 	Sec. 26. Minnesota Statutes 2004, section 97C.327, is
16.29 	amended to read:
16.30 	97C.327 MEASUREMENT OF FISH LENGTH.
16.31 	For the purpose of determining compliance with size limits
16.32 	for fish in this chapter or in rules of the commissioner, the
16.33 	length of a fish must be measured from the tip of the nose or
16.34 	jaw, whichever is longer,to the farthest tip of the tail when
16.35 	fully extended.

16.36 	Sec. 27. Minnesota Statutes 2004, section 97C.401,
17.1 	subdivision 2, is amended to read:
17.2 		Subd. 2.Walleye; northern pike.  (a) Except as provided
17.3 	in paragraphs paragraph (b) and (c), a person may take no more
17.4 	than one walleye larger than 24 20 inches and one northern pike
17.5 	larger than 30 inches daily.
17.6 	(b) The restrictions in paragraph (a) do not apply to
17.7 	boundary waters.
17.8 	(c) On Lake of the Woods, a person may take no more than
17.9 	one walleye larger than 19.5 inches and one northern pike larger
17.10 	than 36 inches daily.
17.11 	
EFFECTIVE DATE. This section is effective March 1, 2006.

17.12 	Sec. 28. Minnesota Statutes 2004, section 97C.825,
17.13 	subdivision 5, is amended to read:
17.14 		Subd. 5.Net limits for lake of the woods and rainy
17.15 	lake. (a) The maximum amount of nets permitted to be licensed
17.16 	shall be:
17.17 	(a) (1) in Lake of the Woods, 50-pound nets, 80,000 feet of
17.18 	gill nets or 160 submerged trap nets, and 80 fyke or staked trap
17.19 	nets.  Licenses for submerged trap nets may be issued instead of
17.20 	licenses for gill nets in the ratio of not more than one
17.21 	submerged trap net per 500 feet of gill net, and the maximum
17.22 	permissible amount of gill nets shall be reduced by 500 feet for
17.23 	each submerged trap net licensed.; and 
17.24 	(b) (2) in Rainy Lake, 20-pound nets and 20,000 feet of
17.25 	gill nets.
17.26 	(c) When a licensee has had a license revoked or
17.27 	surrendered, the commissioner shall not be required to issue
17.28 	licenses for the amount of netting previously authorized under
17.29 	the revoked or surrendered license.
17.30 	(d) (b) Commercial fishing may be prohibited in the
17.31 	Minnesota portions of international waters when it is prohibited
17.32 	in the international waters by Canadian authorities.
17.33 	(e) The commissioner may adopt rules to limit the total
17.34 	amount of game fish taken by commercial fishing operators in
17.35 	Lake of the Woods in any one season and shall apportion the
17.36 	amount to each licensee in accordance with the number and length
18.1 	of nets licensed.

18.2 	Sec. 29. CONFORMING CHANGES; RULES.
 18.3 	The commissioner may use the good cause exemption under
18.4 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
18.5 	to amend rules to conform to section 26.  Minnesota Statutes,
18.6 	section 14.386 does not apply to the rulemaking under this
18.7 	section except to the extent provided under Minnesota Statutes,
18.8 	section 14.388.

18.9 	Sec. 30. REPEALER.
 18.10 	Minnesota Statutes 2004, sections 88.27; 97B.005,
18.11 	subdivision 4; 97B.935; 97C.015; 97C.403; and 97C.825,
18.12 	subdivisions 6, 7, 8, and 9, are repealed.