Section 1 [Advisory inspections] allows a person to request an advisory inspection from a state agency for the purpose of complying with a state law. If violations are found, the person will have 60 days to correct the violation, without paying a fine. Exceptions to the law are provided for a number of situations, including criminal penalties and violations that endanger human life.
Section 2 [General permits; threatened and endangered species] allows the DNR to issue a general permit for exceptions to the threatened and endangered species law.
Section 3 [Forests for the Future revolving account] removes DNR reporting requirements for the Forests for the Future revolving account.
Section 4 [Apprentice rider validation] allows a person age 12 or older to operate an off-highway motorcycle, snowmobile, or all-terrain vehicle, without required training, when participating in up to two trail riding vents sponsored by the DNR. The person must be accompanied by an adult with a valid safety certificate.
Section 5 [Operator prohibition, snowmobile DWI] provides that someone convicted of a snowmobile DWI is prohibited from operating any snowmobile for one year.
Section 5 [Service provider; AIS] amends the definition of “service provider” to include an entity and where the service is provided as a benefit of membership.
Sections 6 and 7 [Harvest control activities; AIS] require the transport of invasive species for disposal by harvest controllers to be specifically authorized by DNR.
Section 8 [Launching prohibited] expands the prohibition on launching equipment with prohibited invasive species to include all water-related equipment.
Section 9 [Transporting water-related equipment] allows a person to transport portable bait containers when fishing through the ice, except on waters designated as infested for viral hemorrhagic septicemia (VHS). This section also requires boat lifts and docks and swim rafts removed from water infested with zebra mussels to sit for 21 days before being placed in another water body when they have been removed from water bodies.
Section 10 [Invasive species inspector authority] allows the Commissioner of Natural Resources to delegate invasive species inspection authority to tribal and local governments. This section also expands the inspector authority to:
give them authority to require removal of water-related equipment;
require mandatory inspections of water-related equipment before entering a water body; and
authorize tribal and local governments to conduct mandatory inspection of water- related equipment before entering a water body.
Section 11 [Invasive species civil penalties] double the civil penalties for most invasive species violations. This section also doubles the civil penalty for second and subsequent convictions.
Section 12 [Grant-in-aid trails] eliminates the prohibition on grant-in-aid trails having both motorized and nonmotorized uses at the same time.
Section 13 [Parks open] provides that state parks must remain open when a biennial budget has not been enacted.
Section 14 [Violation of DNR recreation rules] reduces the penalty for a violation of DNR recreation rules in units of the outdoor recreation system a petty misdemeanor, unless:
the violation is in a wildlife management area; or
a different penalty is prescribed by law.
Section 15 [Horse pass violations] makes persons violating the horse pass requirements subject to a petty misdemeanor.
Section 16 [Zoo open] provides that the Minnesota Zoological Garden must remain open when a biennial budget has not been enacted.
Section 17 [Aquatic invasive species prevention program] directs the DNR to develop an aquatic species prevention course. Persons who pass the course will receive a trailer decal for each trailer owned. Water equipment trailers will be required to have trailer decal beginning July 1, 2015. Temporary authorizations for up to seven days may be issued to a person who has not completed the training.
Section 18 [Operator prohibition, motorboat DWI] provides that someone convicted of a motorboat DWI is prohibited from operating any motorboat for one year.
Section 19 [Failure to comply with court order; game and fish license suspension] provides for game and fish license suspension for a person who does not comply with order of the court regarding appearance or proceedings.
Section 20 [Bait prohibited; VHS waters] allows bait processed to inactivate VHS to be imported or possessed.
Section 21 [Groundwater report] makes the report by the Pollution Control Agency (PCA) and Minnesota Department of Agriculture (MDA) on groundwater quality a five-year report rather than a biennial report under current law.
Section 22 [BWSR Board] allows local officials to be appointed to the Board of Water and Soil Resources (BWSR) as unaffiliated citizens. This section also makes a technical change to obsolete regions.
Section 23 [BWSR orders] allows BWSR to adopt orders.
Section 24 [BWSR bylaws] directs BWSR to adopt bylaws, including provisions on conflict of interest.
Section 25 [Committee for dispute resolution] gives the chair of BWSR more flexibility in appointing the committee for dispute resolution.
Section 26 [Local water management coordination] allows BWSR to adopt policies that will allow local water plans, soil and water conservation district plans, and watershed district plans to serve as substitutes for one another or be replaced with a comprehensive watershed management plan. This section also directs BWSR, to the extent practicable, to incorporate a watershed approach for local water plans; and allows local governments to carry out total maximum daily load (TMDL) implementation plans as part of their local water management plan and responsibility.
Section 27 [Local water management boundary and plan determinations and appeals] allows local government units to submit a request to BWSR to adjust planning boundaries for local water plans. Local government units may appeal decisions by BWSR on boundaries to the Court of Appeals.
Section 28 [Water plan extension] eliminates the two-year extension for county local water plan revisions that is being recodified and broadened in this act.
Section 29 [Comprehensive watershed management plan definition] defines “comprehensive watershed management plan” for the purpose of local water planning.
Section 30 [Water plan extensions] allows BWSR to extend the revision dates for all local water plans.
Section 31 [Local water resources restoration, protection, and management program]
Subdivision 1 [Assistance priorities] adds the ability for BWSR to prioritize financial assistance for requests that are responsive to all local water plans, including TMDL plans.
Subdivision 2 [Establishment] allows BWSR local water plan financial assistance for restoration, best management practices, and capital projects.
Subdivision 5 [Financial assistance] allows BWSR to award performance-based grants for implementing all local water plans, including comprehensive watershed management plans. Local government units may apply to BWSR for performance-based grants to carry TMDL implementation plans. Performance-based grants may be made on an advanced basis.
Subdivision 6 [Conditions] allows the financial assistance under this section may be used for amending and implementing all local water plans including TMDLs. This subdivision also removes a two-year funding limit for the grants and makes other technical changes to reflect the broadening of the section.
Subdivision 7 [Performance criteria] directs BWSR to develop and utilize performance-based criteria for financial assistance under this section.
Section 32 [Technical] clarifies that the financial assistance grant program is available to all local water planning efforts.
Section 33 [Cultivated field; WCA] removes the requirement for a deed restriction for an altered wetland in a cultivated field under the Wetland Conservation Act (WCA).
Section 34 [Swampbuster exemption; WCA] provides that a farmer subject to Swampbuster is exempt from WCA.
Section 35 [De minimis exemption; WCA] eliminates the de minimis exemption differences for the 11-county metropolitan area and increases the de minimis amounts allowed for pothole wetlands and bogs and for wetlands within the building setback for shorelands.
Section 36 [Exemption conditions; WCA] requires a person using an exemption to show evidence documenting compliance when a written wetland violation complaint is received.
Section 37 [Wetland banking] allows for a letter of credit to BWSR for replacement plans and allows BWSR to establish, sponsor, or administer a wetland banking program for wetlands on agricultural land.
Section 38 [Section 404 assumption] allows BWSR to adopt or amend rules to assume all or part of the federal wetland protection regulations under section 404 of the federal Clean Water Act.
Section 39 [Monitoring equipment; water appropriation permit monitoring] provides that the DNR shall not require additional wells for monitoring water resource impacts.
Section 40 [Reports and costs; water appropriation monitoring] clarifies that the person holding the water appropriation permit is responsible for only the full cost of establishing and maintaining the monitoring equipment.
Section 41 [PCA groundwater report] provides for the PCA groundwater report on a five-year basis rather than every two years.
Section 42 [Citizen water quality monitoring] moves the reporting requirement for the citizen water quality monitoring to every fourth year.
Section 43 [Long-range water pollution control plan] eliminates the biennial water pollution control plan by the PCA.
Section 44 [Local SSTS standards] allows local standards for subsurface sewage treatment systems (SSTS) to use the 2006 rule standards for properties in shoreland areas and commercial facilities with less than 2,500 gallons per day.
Section 45 [E-waste report] moves the annual e-waste report to be combined in a biennial report on toxic pollution prevention.
Section 46 [Report on the state agency resources recovery program] eliminates the PCA and Department of Commerce biennial report to the Department of Administration on the state agency resource recovery program.
Section 47 [Solid waste policy report] makes the solid waste policy report every four years instead of biennially under current law.
Section 48 [Supplementary recycling goals] eliminates specific additions for specific activities in meeting the supplementary recycling goals.
Section 49 [Recycling goal monitoring report] makes the recycling goal monitoring report part of the solid waste policy report.
Section 50 [SCORE recycling grant report] provides that the SCORE recycling grant report will be every four years along with the solid waste policy report.
Section 51 [Toxic pollution prevention plans] provides that the toxic pollution prevention plans will be submitted to the Department of Public Safety rather than the PCA and that they must be submitted by July 1 each year.
Section 52 [PCA pollution report] makes the PCA’s pollution report biennial rather than annual.
Section 53 [Concrete saw slurry exemption from solid waste] exempts concrete saw slurry from road construction or repair from the definition of “solid waste.”
Section 54 [Prohibition on new open air swine basins] extends the prohibition on new open air swine basins another five years to 2017.
Section 55 [Long-range plan on waste pollution reduction] eliminates the need for PCA to biennially report to the Legislature on long-range planning for waste and land pollution reduction.
Section 56 [Low-level radioactive waste compact report] provides that the low-level radioactive waste compact report is every four year rather than biennial.
Section 57 [Technical] makes technical changes related to the 2011 changes for environmental assessment worksheet (EAW) requirements for biobutanol facilities.
Section 58 [Solar and biomass report] makes the solar and biomass report from the Department of Commerce and PCA a biennial report rather than an annual one.
Section 59 [Proposed legislation; greenhouse gas emissions] recodifies the greenhouse gas emission reduction report from the current subdivision being repealed in this bill.
Section 60 [Discontinuance of the Hennepin County Conservation District] discontinues the Hennepin County Conservation District and transfers the authority under chapter 103C (soil and water conservation districts) to Hennepin County. The transfer must be approved by the Hennepin County Board.
Sections 61 and 62 [Technical] updates language on who receives the metropolitan waste abatement and landfill abatement reports and makes the language consistent with including the report on the quadrennial solid waste policy report.
Section 63 [2007 report requirement] eliminates a 2007 report requirement for land records management.
Section 64 [2010 LCCMR recommended appropriation; bioenergy] modifies a 2010 appropriation from the environment and natural resources trust fund for bioenergy to expand the type of products that may be used and allow the DNR to provide grants for this purpose.
Section 65 [LaSalle Lake State Recreation Area; dogs off-leash] allows dogs off-leash while hunting under control for hunting purposes in LaSalle Lake State Recreation Area.
Section 66 [Trust fund appropriation extensions] extends the availability of certain appropriations from the environment and natural resources trust fund.
Section 67 [Forest Resources Council report] directs the Forest Resources Council to report to the legislature with an analysis of private forest management and state policy, including recommended changes.
Section 68 [Metropolitan area waste processing enforcement report] directs the PCA to report to the legislature on the effects of enforcing mixed municipal waste processing requirements for the metropolitan area.
Section 69 [SSTS rules] directs the PCA to amend rules relating to SSTS based on the law change in this article.
Section 70 [Repealer]
Paragraph (a) repeals Minnesota Statutes, sections:
84.946, subdivision 3 – Natural resource asset preservation and replacement report;
86A.12, subdivision 5 – Natural resources capital improvement program report;
89.06 – Nursery and tree improvement plan;
90.042 – Public involvement process report and public meetings;
97A.4742, subdivision 4 – Lifetime license report;
103G.705 – Stream protection and improvement loan program;
115.447 – Tracking report for new wastewater treatment facilities;
115A.02 – Waste management report;
115A.15 – State government resources recovery report;
115A.965 – Toxics in packaging report; and
216H07 – Green house gas emission report (recodified).
Paragraph (b) repeals Minnesota Rules, parts:
7002.0025, subpart 2a – Newly permitted facilities;
7011.7030 – Generic maximum achievable control technology;
7021.0010, subpart 3 – Offsets;
7021.0050, subpart 1 – Emission limitations;
7021.0050, subpart 2 – Offsets required;
7021.0050, subpart 3 – Transfer requiring reduced emissions;
7041.0500, subpart 5 – Land application approvals;
7041.0500, subpart 6 – Treatment works not regulated; and
7041.0500, subpart 7 – Compliance with change of management practices.
GAME AND FISH POLICY
Section 1 [DNR mission] adds the recruitment of new outdoor recreation participants and the retention of outdoor recreation participants to the DNR’s mission.
Section 2 [Bait harvest from infested waters] allows limited use of certain fish species from infested waters as bait.
Section 3 [Bonus permit definition] adds a license issued to owners and tenants of agricultural land under the definition of “bonus permit” for deer.
Section 4 [Unprotected wild animals definition] removes reference to “brush wolf” in describing coyotes.
Section 5 [Technical] eliminates obsolete report provision.
Section 6 [Deer feeding and wild cervidae health management account] eliminates specific reporting on expenditures from the use of the deer feeding and wild cervidae health management account.
Section 7 [Wolf license] provides that the revenue from selling wolf licenses is dedicated and appropriated to the DNR for wolf management, research damage control, enforcement, and education.
Section 8 [Vacating refuges open to hunting] allows the DNR to vacate a state game refuge that has been open to hunting for at least five years by publishing notice in the State Register.
Section 9 [Portable stands on WMAs] allows options for marking portable stands that are left on wildlife management areas (WMAs) overnight for bear hunting.
Section 10 [Prohibition on obtaining a big game license] provides for a one year license revocation for illegally baiting deer and taking a trophy deer (score above 170). This section also provides that a conviction requiring license revocation is doubled when the conviction is for a trophy deer.
Section 11 [Owners or tenants of agricultural land] expands the owner and tenant provision to areas without a lottery and provides that deer taken under this section do not count toward the person’s bag limit.
Section 12 [Under age 16 trapping] provides that wolves may not be taken by persons under age 16 who are trapping without a trapping license.
Section 13 [Residents under age 16; big game] provides that the current law for under age 16 big game licensure is for residents.
Section 14 [Nonresidents under age 16; big game] requires nonresidents age 12 to 15 to have a firearm safety certificate to purchase a big game license. Nonresidents age 12 and 13 must be accompanied by a parent or guardian while hunting big game. Nonresidents age 10 and 11 may obtain a license to hunt big game and must be accompanied by a parent or guardian within immediate reach.
Sections 15 to 17 [Lifetime licenses] provides that a people with a lifetime hunting license do not include the trapping of wolves.
Section 18 [Resident wolf hunting license fee] establishes the wolf hunting license fee for residents is $26.
Section 19 [Nonresident wolf hunting license fee] establishes the nonresident wolf hunting license fee is $230.
Section 20 [Wolf trapping license] establishes the wolf trapping fee is $26 and may be issued to residents only.
Section 21 [Technical] deletes an obsolete waiver request to the federal government.
Section 22 [Shooting a firearm near a stockade or corral] expands the current prohibition to any shooting of a firearm within 500 feet of a stockade or corral.
Section 23 [Firearms safety certificates; exemptions for veterans] exempts anyone who successfully complete basic training from the firearms safety training requirement.
Sections 24 and 25 [Firearms and ammunition to take wolves] provide that the firearms and ammunition allowed to take big game are the same firearms and ammunition allowed to take wolves.
Section 26 [Scopes on muzzleloaders] allows scopes on muzzleloaders during the muzzleloader season.
Section 27 [Bow hunting for wolves] provides that a bow used for taking wolves must have a pull of 30 pounds or greater.
Section 28 [Shooting prohibited; public highway] provides the current restrictions on shooting at big game within a highway right-of-way to include a firearm with No. 4 buckshot or larger or a single projectile.
Section 29 [Blaze orange requirement; bow hunting] allows a bow hunter to take small game without blaze orange while in a stationary location.
Section 30 [Hunting hours for wolves] provides that wolves may be taken from one-half hour before sunrise to one-half hour after sunset.
Section 31 [Remote-controlled motorized decoys] makes remote-controlled motorized decoys for taking migratory water fowl or doves legal in Minnesota. This section also allows for two-way communication with dogs.
Section 32 [Mechanical or electronic assistance; physically disabled] allows the DNR to authorize a physically disabled person to use any electronic or mechanical device to discharge a gun or bow.
Section 33 [Hunter-harvested venison donations] provides that hunter-harvested venison donations are not subject to the state food law and must be clearly marked as hunter-harvested venison.
Section 34 [Deer baiting] makes clarifying amendments to the deer baiting law, including a prohibition on the reintroduction of agricultural crops concentrated where a person is hunting.
Section 35 [Nonresident trapping] prohibits nonresidents from trapping wolves.
Section 36 [License exceptions] provides that landowners and residents under age 16 may not trap wolves without a wolf license and that a person may take a wolf without a small game license.
Section 37 [Party hunting] provides that small game party hunting provisions do not apply to the taking of wolves. Similar to turkey hunting, a person licensed for the same zone may assist a licensee as long as they do not tag the wolf.
Section 38 [DNR restrictions] allows the DNR to restrict the taking of wolves and designated areas where wolf taking is prohibited.
Section 39 [Technical] deletes the term “gray” when referring to “wolves.”
Section 40 [Taking wolves] provides that a person may not take a wolf without a wolf license and allows the DNR to establish open seasons, open areas, daily and possession limits, limits on hunters for the taking of wolves. This section also establishes a $4 fee for the wolf license application and allows the DNR to establish wolf quotas.
Section 41 [Beaver control] allows road authorities to take beaver causing damage to a public road without a permit.
Section 42 [Predator control payments] give the DNR the authority to establish predator control payments by order published in the State Register.
Section 43 [Wolf predator controllers] eliminates the $150 amount for predator controllers and allows the DNR to establish the fee by written order in the State Register.
Section 44 [Fall turkey season] deletes a specific provision requiring a four-week fall turkey season in the metropolitan area.
Section 45 [Hunter concealment] allows the DNR to designate open-water areas for taking migratory waterfowl where there is not adequate cover to conceal hunters.
Section 46 [Wolf carcass registration] requires the whole carcass of the wolf, with the pelt removed, for registration with a state wildlife manager designee.
Section 47 [Body-gripping traps] prohibits the use of a conibear-type 220 trap, unless the trap is three feet above the surface, no bait is within 20 feet, or the trap is recessed seven inches within a container with an opening no greater than 81 inches.
Sections 48 to 49 [Trout seasons] authorize more flexibility for the DNR to establish winter trout seasons.
Section 50 [Restitution value for wolves] directs the DNR to amend rules to set the restitution value for wolves at $500. The current rule has the restitution value set at $2,000.
Section 51 [Use of snares] directs the DNR to amend rules on snares related to the taking of wolves.
Section 52 [2012 Firearms wolf season] directs the DNR to have the 2012 wolf hunting season start on the deer opener.
Section 53 [Revisor instruction] directs the Revisor of the Statutes to delete the term “gray” when referring to “wolves.”
Section 54 [Repealer] repeals Minnesota Statutes, sections:
97A.045, subdivisions 8 – license reciprocity with Wisconsin;
97A.045, subdivisions 13 – collection of deer and elk in bovine TB zone;
97A.065, subdivision 1 – money from sales of turtles and rough fish;
97A.095, subdivision 3 – hunting on Muskrat Lake;
97A.331, subdivision 7 – gross misdemeanor for taking wolves;
97A.485, subdivision 12 – youth deer license;
97A.552 – restrictions on transporting fish from Canada;
97B.645, subdivision 2 – requiring a permit to snare a wolf; and
97C.031 – lakes with unbalanced fish populations.
GAME AND FISH LICENSE FEES
Section 1 [Technical] adds the new super sport license, created in this bill, to the definition of deer license for the purpose of deer management accounts.
Section 2 [Walk-in access program; appropriation] establishes a walk-in access (WIA) program in state law and clarifies that the general provisions for use of wildlife management areas (WMAs) applies to WIA lands. This section also requires a walk-in validation for hunting on WIA lands. For residents over 18 and all nonresidents, the fee is $18/year; for 16 and 17 year-old residents the fee is $7.50. Residents under age 16 must obtain a free validation to hunt on WIA lands. Money collected from the WIA fees is statutorily appropriated to the DNR for the WIA program.
Section 3 [License period] clarifies that the period for all short-term licenses may cross over license years. This section also clarifies the license period for a three-year fishing license and eliminates the additional months of March and April on a fishing license purchased in the previous license year.
Section 4 [Residency status changes] provides that a resident game and fish license continues to be valid for the license period even though the person’s status as resident changes.
Section 5 [Turkey license eligibility] removes specific provisions on persons under age 16 obtaining a turkey license.
Section 6 [Residents under age 16] provides that residents under age 16 do not need to obtain a small game license to hunt small game. This section also allows a resident under age 13 to obtain a free turkey or prairie chicken license.
Section 7 [Nonresidents under age 18] provides that 16 and 17 year-old nonresidents may obtain a small game license at the resident youth fee rate. Nonresidents under age 16 may obtain a free small game license.
Section 8 [Persons under age 13] provides that a person age ten or over and under age 13 must obtain a free license to take deer when under the direct supervision of a parent or guardian.
Section 9 [Nonresident youth angling] allows a nonresident youth under age 18 to take a limit of fish under an angling license purchased at the new youth license fee ($5).
Sections 10 to 16 [Lifetime licenses] updates the lifetime license fees to reflect the annual license fee changes.
Section 17 [Resident hunting license fees] provides for the increase in resident hunting licenses, including the creation of a new three-day small game license with state stamp validations included ($19) and a small game license for resident 16 and 17 year-olds ($5).
Section 18 [Nonresident hunting license fees] provides for the increase in nonresident hunting licenses, including the creation of a new three-day small game license with stamp validations included ($75).
Section 19 [Small game surcharge] exempts the new three-day small game licenses from the small game surcharge.
Section 20 [Resident fishing license fees] provides the increase in resident fishing license fees, including the creation of a 72-hour license ($12), a three-year license ($63), and a fishing license for 16 and 17 year-olds ($5). The fee for spearing is reduced to $5 from $17 and the person must posses an angling license.
Section 21 [Nonresident fishing license fees] provides for the increase in nonresident fishing licenses and increases the nonresident aquatic invasive species surcharge to $5 from $2. This section also creates a fishing license for nonresident 16 and 17 year-olds ($5).
Section 22 [Minnesota sporting license fees] provides for the increase in resident sporting licenses and creates new “super sports” licenses for individuals ($92.50) and married couples ($118.50) that includes hunting for one spouse. The super sports license includes all state stamp validations.
Section 23 [Resident fish house license fees] increases the resident fish house license fees.
Section 24 [Nonresident fish house license fees] increases the nonresident fish house license fees.
Section 25 [Trapping license fees] increases the trapping license fees.
Sections 26 and 27 [Duplicate and replacement license fees] exempt the new “super sport” license from any fees for duplicates and replacements.
Section 28 [Camp Ripley archery deer hunt] increases the fee for the Camp Ripley archery deer hunt to $12 from $8.
Section 29 [ELS Commission] removes certain exemptions from the Electronic License System (ELS) Commission.
Section 30 [Technical] updates cross-references for firearms safety requirements.
Sections 31 and 32 [Pheasant and waterfowl stamps] exempt the new three-day small game licenses from the requirement to purchase pheasant and waterfowl stamps to hunt those species.
Section 33 [Trout stamp requirements] exempts all persons age 18 or younger from the requirement to have a trout stamp to take trout. This section also exempts persons with a three-day license from the need for a trout stamp to take trout.
Section 34 [Transfer] transfers $500,000 from the game and fish fund to the invasive species account.
Section 35 [Appropriation] appropriates $1 million from the invasive species account to the DNR for invasive species activities.
Section 36 [Repealer] repeals Minnesota Statutes, sections:
97A.451, subdivision 3a – Nonresidents under age 18, small game;
97A.451, subdivision 7 – residents over age 65, spearing; and
97C.303 – Conservation angling license.