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H.F. No. 2171 - Omnibus Game and Fish (Conference Committee Report)
 
Author: Senator Bill Ingebrigtsen
 
Prepared By:
 
Date: May 1, 2012



 

 ARTICLE 1

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 [Freedom to Hunt and Fish Act] provides that game and fish licenses must be sold by electronic licensing when a biennial budget has not been enacted.

Section 3 [Gifts of land; DNR] provides that deeds conveying land as a gift to DNR must clearly indicate whether the state may resell the land.  This section also requires notification of the landowner of the option to express in the deed whether the state may resell the land.

Section 4 [Technical] removes requirement on a dealer to indicate whether a snowmobile trail sticker is purchased.

Section 5 [Snowmobile registration fee] increases the snowmobile three-year registration fee to $75 from $45 to include the fee that would have otherwise been charged for the state trail sticker.

Section 6 [Snowmobile registration exemptions] adds snowmobiles registered with an Indian tribal government from the need to register with the state when it has not been outside of the tribal reservation boundary for more than 30 days.

Section 7 [Snowmobile state trail sticker] eliminates the requirement to purchase a state trail sticker for snowmobiles registered in Minnesota.  This section also increases the cost of a state trail sticker for snowmobiles that are not registered in Minnesota, but use state trails and makes technical changes.

Section 8 [Technical] clarifies that money from the sale of snowmobile state trail stickers is deposited in the snowmobile trails and enforcement account.

Section 9 [Snowmobile trails and enforcement account; allocation] provides that at least 60 percent of the money in the snowmobile trails and enforcement account is designated for grant-in-aid trails.

Section 10 [Metal traction devices; snowmobiles] modifies the prohibition on metal traction devices on public paved trails to only trails that are designated closed to their use.

Section 11 [Bait harvest from infested waters] allows limited use of certain fish species from infested waters as bait.

Section 12 [Watercraft license exemptions] increases the length of watercraft that are exempt from licensing to ten feet from nine feet.

Sections 13 to 15 [Watercraft licensing fees] provide that the fee for canoes, kayaks, sailboards paddle boards, paddle boats, and rowing shells will be the same ($10.50), regardless of length.

Sections 16 and 17 [Shooting range performance standards] make the interim standards for shooting ranges the “best practices for shooting range performance standards.”

Section 18 [Public shooting ranges; accessibility] provides that shooting ranges in the seven-county metropolitan area, outside of cities of the first class, must be open at least four times a year for DNR firearms safety instruction.

Section 19 [Bonus permit definition] adds a license issued to owners and tenants of agricultural land under the definition of “bonus permit” for deer.

Section 20 [Unprotected wild animals definition] removes reference to “brush wolf” in describing coyotes.

Section 21 [Donations and surcharges] remove deer license donations and the surcharge on nonresident hunting licenses from being deposited in the venison donation account.  Those donations and surcharges revenue will be deposited in the walk-in access account.

Section 22 [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 23 [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 24 [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 25 [Migratory waterfowl sanctuary] allows the DNR to designate a migratory waterfowl sanctuary without a petition.

Section 26 [Waterfowl feeding and resting areas] allows the DNR to designate a waterfowl feeding and resting areas without a petition.

Section 27 [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.  

Section 28 [Portable stands on WMAs] allows options for marking portable stands that are left on wildlife management areas (WMAs) overnight for bear hunting.

Sections 29, 30, and 47 [Replacement turkey licenses] provide for replacement turkey licenses similar to how replacement deer licenses are available for a $5 fee.

Section 31 [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.

Sections 32, 33, 34, and 59 [License application fee] makes application fees for moose, elk, turkey, and bear licenses $4, which is consistent with the current application fee for prairie chicken licenses and the proposed application fee for wolf licenses.

Section 35 [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 36 [Under age 16 trapping] provides that wolves may not be taken by persons under age 16 who are trapping without a trapping license.

Section 37 [Residents under age 16; big game] provides that the current law for under age 16 big game licensure is for residents.

Section 38 [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 39 to 41 [Lifetime licenses] provides that a people with a lifetime hunting license do not include the trapping of wolves.

Section 42 [Resident wolf hunting license fee] establishes the wolf hunting license fee for residents is $30.

Section 43 [Nonresident wolf hunting license fee] establishes the nonresident wolf hunting license fee is $250.

Section 44 [Technical] makes technical changes to the deer donation and surcharge amounts to reflect the changes in section 21.

Section 45 [Walk-in access donation; small game license] allows a person to donate toward the state walk-in access program on their small game license.

Section 46 [Wolf trapping license] establishes the wolf trapping fee is $30 and may be issued to residents only.

Section 48 [Technical] deletes an obsolete waiver request to the federal government.

Section 49 [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.

Sections 50 and 51 [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 52 [Bow hunting for wolves] provides that a bow used for taking wolves must have a pull of 30 pounds or greater.

Section 53 [Hunter satisfaction survey] directs the DNR collect hunter participation and satisfaction information.

Section 54 [Blaze orange requirement; bow hunting] allows a bow hunter to take small game without blaze orange while in a stationary location.

Section 55 [Hunting hours for wolves] provides that wolves may be taken from one-half hour before sunrise to one-half hour after sunset.

Section 56 [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 57 [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 firearm or bow.

Section 58 [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 60 [Nonresident trapping] prohibits nonresidents from trapping wolves.

Section 61 [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 62 [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 63 [DNR restrictions] allows the DNR to restrict the taking of wolves and designated areas where wolf taking is prohibited.

Section 64 [Technical] deletes the term “gray” when referring to “wolves.”

Section 65 [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.  The open season to take wolves by firearm must begin the same day as the firearm deer season opener.  This section also establishes a $4 fee for the wolf license application and allows the DNR to establish wolf quotas.

Section 66 [Beaver control] allows local government units to take beaver causing damage to a public road with a permit.

Section 67 [Predator control payments] give the DNR the authority to establish predator control payments by order published in the State Register.

Section 68 [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 69 [Fall turkey season] deletes a specific provision requiring a four-week fall turkey season in the metropolitan area.

Section 70 [Hunter concealment] allows the DNR to designate open-water areas for taking migratory waterfowl where there is not adequate cover to conceal hunters.

Section 71 [Wolf carcass registration] requires the whole carcass of the wolf, with the pelt removed, for registration with a state wildlife manager designee.

Section 72 [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.

Sections 73 and 74 [Portable shelters identification] allows portable shelters to be used on the ice without identification, if the person using the shelter remains within 200 feet of the shelter.

Sections 75 and 83 [Trout seasons] authorize more flexibility for the DNR to establish winter trout seasons.

Section 76 [Minnow transportation] requires minnows being transported through the state to be in a tagged container.

Section 77 [Import of live minnows for feeding fish] prohibits the importation of live minnows for feeding fish beginning July 1, 2013.

Section 78 [Minnow import to export permits] requires a containment facility for minnows imported and later exported.  A fish health specialist from DNR may inspect at reasonable time a facility that imports minnows for later export. This section also allows the DNR to require evidence of financial responsibility for permittees that import minnows for later export.

Section 79 [Definition of shallow lake] defines “shallow lake” for the purpose of laws on the drawdown of public waters.

Section 80 [Temporary drawdown of public waters] allows the DNR to temporarily drawdown shallow lakes after a public hearing without permission from 75 percent of the riparian landowners.

Section 81 [Civil liability limitations; noncommercial aviation activities] adds “noncommercial aviation activities” to the recreational activities receiving protection from liability for use that does not involve a charge.

Section 82 [Promoting Minnesota’s outdoor heritage] amends 2011 appropriation law to dedicate up to ten percent of the money appropriated to fish and wildlife from the heritage enhancement account for the promotion of Minnesota’s outdoor heritage, including hunter recruitment , including grants to organizations working with children or adults and securing public shooting range availability in the seven-county metropolitan area.

Section 84 [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 85 [Use of snares] directs the DNR to amend rules on snares related to the taking of wolves.

Section 86 [Snowmobile registration transition] provides for the transition of snowmobile registration under the changes in this act.

Section 87 [Public hearing for the Twin Lakes SNA] directs the DNR to hold a public hearing on the Twin Lakes Scientific and Natural Area (SNA) by September 1, 2012, on the issue of whether hunting should be allowed on the SNA.

Section 88 [Records management report] directs the DNR to report back to the legislature by January 15, 2013, with recommendations for an enforcement record management system.

Section 89 [Aquaculture report] directs the DNR to report back to the legislature, by February 15, 2013, on the risks of introducing invasive carp through he transportation of fish between water bodies.

Section 90 [Revisor instruction] directs the Revisor of the Statutes to delete the term “gray” when referring to “wolves.”

Section 91 [Repealer] repeals Minnesota Statutes, sections: 

  17.4993, subdivision 2 (July 1, 2013) – importation of live minnows;

  87A.02, subdivision 1 – DNR adoption of shooting range standards;

            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.

ARTICLE 2

GAME AND FISH LICENSE FEES

Section 1 [Land acquisition restriction; license fees] prohibits land acquisition with game and fish license money, except for the small game surcharge and stamp accounts.

Section 2 [Deer license revenue] allocates 50 cents from each deer license to the wolf management and monitoring account.

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  a reduced 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 15 [Lifetime licenses] updates the lifetime license fees to reflect the annual license fee changes.

Section 16 [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 all hunting licenses for resident 16 and 17 year-olds ($5).

Section 17 [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 18 [Small game surcharge] exempts the new three-day small game licenses and youth small game licenses from the small game surcharge.

Section 19 [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 20 [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 21 [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 22 [Resident fish house license fees] increases the resident fish house license fees.

Section 23 [Nonresident fish house license fees] increases the nonresident fish house license fees.

Section 24 [Trapping license fees] increases the trapping license fees.

Sections 25 and 26 [Duplicate and replacement license fees] exempt the new “super sport” license from any fees for duplicates and replacements.

Section 27 [Camp Ripley archery deer hunt] increases the fee for the Camp Ripley archery deer hunt to $12 from $8.

Section 28 [ELS Commission] removes certain exemptions from the Electronic License System (ELS) Commission.

Section 29 [Technical] updates cross-references for firearms safety requirements.

Sections 30 and 31 [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 32 [Trout stamp requirements; youth] increases the age for which a trout stamp is required to over age 18 from over age 16.

Section 33 [Trout stamp exceptions] exempts a person with a three-day fishing license from the requirement to purchase 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 [Transfer; walk-in-access account] transfers $616,000 from the venison donation account to the new walk-in access account.

Section 36 [Appropriation] appropriates $1 million from the invasive species account to the DNR for invasive species activities.

Section 37 [Repealer] repeals Minnesota Statutes, sections:

            97A.451, subdivision 3a – Nonresidents under age 18, small game; and

            97A.451, subdivision 7 – residents over age 65, spearing.

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