Minnesota DNR Legislative Update 2012
Source: Bob Meier, Asst. Commissioner, Policy & Government Relations
bob.meier@state.mn.us
(Released May 3, 2012)

With the end of session hopefully in sight I wanted to send out a summary of what has been signed into law to date. As of today here is a summary of the various bills that have been signed into law that relate to the DNR.

Omnibus Lands Bill (SF 1750, Chap 236)
The bill:
• Authorizes the DNR to issue road easements to individuals on school trust lands, provided that the easement term is limited to 50 years.      
• Provides for establishment of a segment of the Heartland Trail that connects the trail to Itasca State Park.
• Amends Minn. Stat. sec. 92.50 to allow DNR to issue real estate leases for a term of 21 years instead of 10 years.
• Provides for an expedited process for exchanging state-owned land located in the BWCAW for federally owned lands located outside the BWCAW and provides for private sale of the surplus lands. In addition the bill states that the goal of the exchange should be that the state receives at least as many acres of land as the number given in exchange by the state.
• Contains small boundary changes for two state parks, two state recreation acres, and two state forests.
• Exempts portions of the Mississippi River within the boundaries of the cities of Dayton and Ramsey from the state wild, scenic, and recreational rivers system.  
• Authorizes the DNR to sell two parcels of land in Dakota and St. Louis Counties.
• Authorizes the sale of tax-forfeited lands in Beltrami, Big Stone, Goodhue, Hennepin, Itasca, Koochiching, Lake, Morrison, St. Louis and Washington Counties.
• Authorizes St. Louis County to sell tax-forfeited lakeshore lots that are currently leased and to sell property known as the Chris Jensen Health & Rehabilitation Center and adjacent property by private sale.
 
School Trust Lands Bill (HF 2244, Chap 249)
 
This bill addresses the oversight of and management of the school trust lands. The bill:
• Converts the Permanent School Fund Advisory Committee (PSFAC) to the Legislative Permanent School Fund Commission. The Commission is made up of 12 legislative members, with equal representation of members from the senate and house and majority and minority parties. The PSFAC includes citizen members with expertise in natural resource or finance, but there are no citizen members for the new Commission.
• Creates a new director of school trust lands. The director is appointed by the Governor, housed in the Department of Administration, and is authorized to employ up to five employees.
• Provides that the new Commission advises the commissioner of natural resources and the school trust lands director on the management of school trust lands and reviews legislation affecting school trust lands.
• Provides that the new director of school trust lands recommends management policies for school trust lands. The director’s duties are specified in Section 10 of the bill and include: determining the market value of school trust lands, proposing legislation changes to improve asset allocation, developing strategic plans, and recommending strategies for leases, sales and exchanges.
• Removes fire protection costs as a certifiable cost against revenue from the school trust lands.
Provides that the commissioner of natural resources must give precedence to long-term economic return if there is an irresolvable conflict between maximizing the long-term economic return and protecting natural resources and recreational values on school trust lands.
Requires a report by the commissioner of natural resources by December 31, 2013, that inventories and identifies all school trust lands that are under a designation or policy that prohibits long-term economic return. The report must include a plan to compensate the school fund through purchase or exchange for such lands. By July 1, 2018, the permanent school fund shall be compensated for all school trust lands included under a designation or policy that prohibits long-term economic return. Future designations that prohibit long-term economic return must be compensated for before designation or application of policy to the lands.
Removes restriction that prohibits sale of school trust lands bordering public waters without legislative approval.
Provides that costs of new director of school trust lands and new Commission shall be paid from school trust revenues in FY14 and FY15.
Provides that the bill is effective July 1, 2013.
If there is a disagreement between the new director of school trust lands and the commissioner of natural resources on fiduciary duties, the director is directed to report the disagreement to the Governor and the new Commission. 
Policy Bill Summary (HF 2164, Chap 272)
This bill is the Omnibus Environment and Natural Policy bill. Most of the DNR provisions in this bill were agency initiatives.
Section
2          General exceptions. Amends § 84.0895, subd. 7. Allows the commissioner of natural resources to issue general permits to governmental subdivisions or to the general public to take, import, transport, or sell any portion of an endangered species for certain purposes. (DNR provision)
3          Forests for the future revolving account. Amends § 84.67. Removes a requirement of the commissioner of natural resources to submit a report to the legislature on the use of the forests for the future revolving account. (DNR provision)
4          Apprentice rider validation. Adds § 84.76. Allows a person 12 years of age or older who does not have the required safety certificate to ride a snowmobile/ATV/off highway motorcycle in up to two trail-riding events sponsored by the DNR that are designed for apprentice riders. Requires the person to be accompanied by an adult in a manner that allows for uninterrupted visual contact and verbal communication. (DNR provision)
5          Acts prohibited. Amends § 84.91, subd. 1. Prohibits a person who has been convicted under § 169A.20 for driving a snowmobile or ATV while impaired or who refuses to comply with the testing requirements under § 169A.50 to § 169A.53 from operating any snowmobile or ATV for one year (current law prohibits operation of "the" snowmobile or ATV rather than "a" snowmobile. (DNR provision)
6          Prairie and grassland public grazing program. Commissioner of natural resources shall establish a prairie and grasslands public grazing program. Commissioner shall enter into cooperative farming agreements or lease agreements with livestock owners to annually graze prairie and grasslands administered by the commissioner. Must maintain a list of lands grazed under the program. Goal of program is to be financially self-sufficient. Revenues received shall be deposited in game and fish fund and are appropriated to the commissioner for purposes of the program. (DNR supports)
7          Service provider. Amends § 84D.01, subd. 15a. Adds a person moving boats or other water related equipment as part of a service provided to members of yacht clubs, boat clubs, marinas, or similar organizations to the definition of "service provider" making the person subject to the new aquatic invasive species training and permit requirements passed last session. (DNR provision)
8          Bait harvest from infested waters. Amends § 84D.03, subd. 3. Allows the harvest of bullheads, goldeyes, mooneyes and other fish from infested streams or rivers for use as bait by noncommercial anglers provided certain conditions are met. (DNR provision)
9          Prohibited activities. Amends § 84D.05, subd. 1. Technical. (DNR provision)
10        Exceptions. Amends § 84D.09, subd. 2. Technical. (DNR provision)
11        Launching prohibited. Amends § 84D.10, subd. 1. Expands the prohibition on placing a watercraft or trailer with aquatic invasive species on it to apply to the placement of all water-related equipment. (DNR provision)
12        Persons transporting water-related equipment. Amends § 84D.10, subd. 4. Exempts portable bait containers used while ice fishing from the water draining requirements unless fishing on waters designated as infested with viral hemorrhagic septicemia (VHS). Prohibits a boat lift, dock, swim raft, or associated equipment that has been removed from the water from being placed into another water body for at least 21 days. (DNR provision)
 13        Inspection authority. Amends § 84D.105, subd. 2. Allows the commissioner of natural resources to delegate inspection authority for watercraft and related equipment to tribal and local governments that assume all responsibility for inspection programs on public waters within their jurisdiction and requires a plan, reporting and certain standards to be met. Allows conservation officers and other peace officers to require water-related equipment be removed from a water body if necessary to implement aquatic invasive species control measures. Allows the commissioner to require mandatory inspections before a person places water-related equipment into a water body. Allows inspection stations to be established and establishes location, staffing, and other requirements for the stations. Also allows commissioner to delegate this authority to LGUs with an approved plan. (DNR provision)
14        Service provider permit required. Amends § 84D.108, subd. 1. (DNR) 
15        Civil penalties. Amends § 84D.13, subd. 5. Doubles penalties for civil citations related to invasive species violations and for a person who violates any provision of the invasive species laws (chapter 84D) more than once. (DNR provision)
16        Authority of local government. Amends § 85.018, subd. 2. Allows a local government unit to designate a grant-in-aid trail for concurrent motorized and nonmotorized use. (DNR provision)
17        Fee for certain parking and campsite use. Amends § 85.052, subd. 3. Allows for   half price camping fees for people residents with a federal interagency access pass. (House Provision)
18        Disabled persons. Amends § 85.053, subd. 7. The intent is for half price state park passes for people residents with a federal interagency access pass. (House Provision) 
19        Violation of rules. Amends § 85.20, subd. 1. Reduces a misdemeanor penalty to a petty misdemeanor penalty for a person at a state park or other unit of the state's outdoor recreation system who willfully destroys certain living natural resources or property, or violates other rules of the unit. The penalty applies unless another penalty is imposed by statute. (DNR provision)
20        Pass in possession. Amends § 85.46, subd. 1. Establishes a petty misdemeanor penalty for a person who fails to comply with the existing horse pass requirements. Reduces from misdemeanor to petty misdemeanor the penalty for a person who fails to comply with the existing horse pass requirements.   (DNR provision)
21        Aquatic invasive species prevention program. Adds § 86B.13. Requires the commissioner of natural resources to establish a statewide course for preventing the spread of aquatic invasive species and to issue an aquatic invasive species trailer decal to those who complete the course. Allows the commissioner to contract with others to provide the training and testing. Requires a person pulling a trailer with water-related equipment to display the decal by July 1, 2015, but specifies that only warnings can be given for violation of this provision. (DNR provision)
22        Acts prohibited. Amends § 86B.331, subd. 1. Prohibits a person who has been convicted under § 169A.20 for operating a motorboat while impaired or who refuses to comply with the testing requirements under § 169A.50 to § 169A.53 from operating any motorboat for 90 days between May 1 and October 31 (current law prohibits operation of "the" motorboat rather than "a" motorboat). (DNR provision)
23        Mineral management account. Amends § 93.2236. Requires the balance of the minerals management account that exceeds $3,000,000, which is currently distributed to the permanent school fund and the permanent university fund in proportion to the total revenue received from mineral leases on those lands, to also be distributed to counties in proportion to the revenue from mining leases on tax-forfeited lands. (Legislative initiative, DNR neutral )
24        Commissioner's authority. Amends § 97A.401, subd. 1. Allows the commissioner to issue general permits to governmental subdivisions or to the general public for certain activities related to wild animals, including the collection of specimens for zoological purposes and the taking and transportation of wild animals for certain purposes. (DNR provision)
25        Suspension for failure to appear in court or pay a fine or surcharge. Amends § 97A.421, subd. 4a. Clarifies that the commissioner shall suspend game and fish license and permit privileges of a person who fails to appear in court or fails to comply with other court orders regarding a violation of the game and fish laws until the court has notified the commissioner that the person has appeared in court or paid any fine/surcharge due. Amends sec. 103F.211 to allow removal of logs and dead trees from shoreland without a permit under certain conditions. (DNR provision)
26        Certain aquatic life prohibited for bait. Amends § 97C.341. Allows the importation or possession of live, frozen, or processed bait from waters known to have VHS if the bait has been processed to inactivate VHS according to DNR rules. (DNR provision)
39 & 40 Removal of logs; dead trees and branches. Amends § 103F.321. Removal of logs and dead trees and branches from the shoreland is exempt from any permit requirements when the logs or dead trees and branches present safety hazards, unless required by local government unit. Person must obtain permission from land owner or manager.  (DNR okay)
43        De minimis. Amends sec. 103G.2242 to increase de minimus exemptions for some wetland types. (BOWSR Issue)
46        Exemptions. Amends sec. 103G.245, subd. 2 to allow removal of logs and dead trees near the waters surface without a permit. (See sections 39 & 40)(DNR okay) 
47        Permit applications. Amends sec. 103G.245, subd 3. Department’s general permit bill to streamline permitting. (DNR provision)
48        Water allocation priorities. Amends sec. 103G.261 by deleting language suggesting that water diversions to other states or Canada should be discouraged. Existing language contains no criteria about why diversions outside Minnesota should be discouraged and makes us vulnerable to appearing arbitrary in matters of Interstate Commerce. (DNR neutral) 
49        Legislative approval for diversion. Amends sec. 103G.261 to provide criteria for legislative approvals of water diversions. This new language provides additional criteria the legislature must consider in evaluating proposed diversions. The language is general with some ambiguous words that could be improved upon but is better than nothing. With the deletion of 103G.261 (f), this language provides at least some general criteria to guide decisions on diversions. (DNR neutral)
50        Permit requirement. Amends sec. 103G.271, subd. 1. Department’s general permit bill to streamline permitting. (DNR provision) 
51        Monitoring Equipment. Amends sec. 103G.301 to require that the costs for monitoring wells be shared proportionally by water appropriators impacting a particular water feature. (Senate provision) 
52 - 58  Amends various sections of Chapter 103G. Department’s general permit bill to streamline permitting. (DNR provision)
84        Land and mineral resources management. Technical amendments to Environmental Trust Fund appropriation for woody biomass project (DNR provision)
87        Legislative report on state parks, recreation areas, trails, and state forest day use areas. The commissioner of natural resources shall prepare and submit a report to the chairs and ranking minority members of the house of representatives and senate legislative committees with jurisdiction over environment and natural resources policy and finance concerning the long-term funding, use, expansion, and administration of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas. (DNR okay)
88        Environment and natural resources trust fund; appropriation extension. The availability of the appropriation is extended to June 30, 2013. (Okay) 
91        Lottery-in-lieu appropriation extension. Amends has a lottery in lieu extension – extending appropriations from 2009 until June 30, 2013.  (DNR okay) 
92        Forest resources council study. The study shall evaluate existing and potential financial incentives for private forest land management and include recommendations for state policies that will ensure that private forest lands are sustainable and continue to contribute to Minnesota's economic vitality as well as provide access to the public to hunting and fishing resources. (DNR okay)
94        Protect aquatic habitat from Asian carp. The commissioner shall consult
with the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over natural resources and energy. Adds requirement to legacy funding bill (SF 2493) for the commissioner to consult with committee chairs and ranking minority members of environmental committees before entering into a contract to design or construct Asian carp barriers. (DNR okay)
97        Contingent amendment and repeal; 2012 law. If H.F. 2171 or its equivalent is not enacted in 2012 and S.F. 2493 or its equivalent is enacted in 2012, then S.F. 2493, article 4, section 2, or its equivalent is repealed and the appropriation in article 4, section 3, of that act is reduced by $1,000,000. (DNR supports)
98        Repealer. Repeals the following: § 84.946, subd. 3 (requiring reporting on natural resource asset preservation and replacement appropriations) (DNR provision); § 86A.12, subd. 5 (requiring reporting on the natural resources capital improvement program) (DNR provision); § 89.06 (1983 report on making the nursery and tree improvement program self-supporting); § 90.042 (report and public meeting requirements regarding timber harvest plans) (DNR provision); § 97A.4742, subd. 4 (requiring a report on the lifetime fish and wildlife trust fund) (DNR provision); § 103G.705 (stream protection and improvement loan program)( DNR provision); § 115.447 (report on new wastewater treatment systems requiring permits; effluent violations; conditions posing imminent public health threat); § 115A.07, subd. 2 (PCA's waste management activities and legislative recommendations); § 115.965, subd. 7 (PCA report on enforcement actions and exemptions regarding toxic packaging); 116.02, subds. 7 and 8 (no longer needed with the elimination and modification of the duties of the MPCA Board proposed in the bill); § 216H.07, subd. 4 (legislative recommendations to achieve greenhouse gas reductions); Laws 2011, ch. 107, sec. 105 (boat aquatic invasive species (AIS) rule decal transitional enforcement); various PCA rules (part 7002.0025, subp. 2a establishing fees for newly-permitted air facilities; part 7011.7030, adopting by reference the "National Emission Standards for Hazardous Air Pollutants: Generic Maximum Available Control Technology"; part 7021.0010, subp. 3: defining "offsets" for regulation of sulfur dioxide emissions under the acid deposition control program; part 7021.0050, subps. 1, 2, and 3: specifying acid deposition control requirements; and part 7041.0500, subps. 5, 6, and 7, expired provisions regarding sewage sludge management); § 86B.508 (boat AIS rule decal requirement); 86B.811, subd. 1a (boat AIS rule decal penalty). 

 
Game and Fish Bill Summary (HF 2171, Chap 277)
This is the Omnibus Game and Fish bill which was amended in Conference Committee to include most of Governor Dayton’s hunting and fishing license fee proposals from last session.
Article 1 Background:
Section 1 (Mission and Efficiency)
This language broadens commissioner authority to include planning and implementing to recruit new and retain existing outdoor recreation participants including but not limited to anglers, hunters, and campers. DNR Initiative
 Section 2 (Electronic Transactions)
This language provides that game and fish licenses related to hunting, trapping, angling, commercial netting and fishing, and other activities will be available by electronic transactions regardless of whether a biennial appropriation has been enacted. General funds used as a contingency to achieve this would be replaced with the eventual appropriated funds. (House and Senate language)
 Section 3_(Land Gifts)
This language directs that deeds conveying land or an interest in land to the state must indicate whether the state may resell the donated land or interest in land. The commissioner must notify the donor of the option to express this in the deed. (House position)
 Sections 4 – 9, 86 (Snowmobile registration)
Sections 4 to 9 combines three-year snowmobile registration ($45) and state trail stickers ($30) into one three-year registration. If enacted, purchase of a state trail sticker will no longer be optional for snowmobiles registered in Minnesota. The total fee for the combination registration fee ($75) is the same as for the total of the current registration fee and trail sticker. The combined registration is good for three years.
Out-of-state snowmobiles will no longer have the option of purchasing a 3-year sticker for $30; they will be required to have an annual trail sticker ($35). This amendment is projected to generate additional annual revenue of approximately $650,000. The bill dedicates 60% of revenue generated through registrations and stickers to grant-in-aid snowmobile trail funding.
 The language also provides that a snowmobile registered by an Indian tribal government to a tribal member, which has not been outside the reservation boundary for more than 30 consecutive days, is exempt from registration. (Minnesota United Snowmobilers Assn)
 Section 86 (Transition)
Provides direction for the transition period before the new registration requirements in sections 4 to 9 are fully implemented. The provision affects snowmobiles with trail stickers that expire before their respective registrations. If the trail sticker expires before registration is renewed under the new law, a valid trail sticker must be purchased and displayed until the current snowmobile registration is renewed. At renewal, a combined registration and trail sticker may be purchased. (MnUSA)
 Section 10 – (Metal traction devices)
This language allows the use of snowmobile metal traction devices (studs) on paved state and other public trails unless the trails are specifically closed to stud use by the local jurisdiction or the commissioner. This is the opposite of the current situation where studs may be used only on trails designated for stud use. (MnUSA)
 Section 11 (Bait Harvest from Infested Waters)
This language allows the harvest by hook and line of bullheads, goldeyes, mooneyes, sheepshead, and suckers for bait from infested waters for noncommercial personal use. Fish removed must be used in the same body of water and must not be moved live from the water body. DNR Initiative
 Sections 12 - 15 (Watercraft Licensing)
This language exempts from licensing requirements any nonmotorized watercraft ten feet in length or less (increased from 9 feet); removes length as a factor in license fees for canoes, kayaks, sailboards, paddle boards, or rowing shells (all are $10.50); and retains two-tier license structure for sailboats over 19 feet and for sailboats 19 feet or shorter. DNR Initiative.
 Section 16 - 17 (Shooting Range Performance Standards and Best Practices)
This language defines shooting range standards as best practices described in the National Rifle Association’s Range Source Book: A Guide for Planning and Construction. (House intiative)
 Section 18 (Public Shooting Range Accessibility)
This language requires that a publicly owned or managed shooting range in the seven county metropolitan area must be available twice during the spring and twice during the summer for DNR firearms safety training. Fees may be charged to cover direct costs. Cities of the first class (cities with more than 100,000 inhabitants) or ranges on the same premises as correctional facilities are exempted. (House initiative)
 Sections 19 and 35 (Deer Bonus Permits and Owners of Agricultural Land)
This language expands the definition of bonus permit to include free antlerless deer licenses issued to landowners or tenants of at least 80 acres of agricultural land. These licenses may be issued in permit areas that allow the taking of antlerless deer without a lottery application. DNR Initiative
 Sections 20 (References to “Brush Wolf”)
This technical change eliminates all references to “brush wolf” (also known as coyotes). DNR Initiative
 Sections 64, 68, 84, 90 (References to “Gray” Wolf)
This technical change replaces all references to the “gray” wolf and simply refers to “wolf”. DNR Initiative
Sections 22, 48, 69 (Elimination of Obsolete Language)
This language eliminates language that is obsolete or redundant. DNR Initiative
 Sections 21, 44, 45 (Deer and Small Game License Donations and Surcharges)
This language eliminates an obsolete reference to a 2010 report on the effectiveness of the venison donation program. DNR Initiative
 This language also eliminates the use of nonresident hunting license surcharges and deer license donations for the venison donation program. Instead the surcharge on deer bonus licenses are appropriated for deer management including the cost for processing deer for the venison donation program. (House position)
 The $5 surcharge on nonresident hunting licenses, donations from deer license purchasers ($1, $3, or $5), and donations from small game license purchasers ($1, $3, or $5) will be used for the administration of a walk-in access program. (House position)
 Sections 23, 42, 43, 46, 50 - 52,55, 60 – 63, 65, 71, 85 (Wolf License, Fees, Account, and Season)
This language creates clear authority for the commissioner to issue a wolf license; to charge a fee for the license and application; establishes a wolf management and monitoring account in the Game and Fish Fund to receive license revenues for wolf management, research, damage control, enforcement, and education; to limit the number of wolves taken; to limit the number of hunters and trappers; and other aspects of a wolf season.   DNR Initiative
Section 24 (Vacating Refuges Open to Hunting)
This language authorizes the commissioner to vacate refuges that have been open to hunting and trapping for at least five years, without having to go through a formal public process. DNR Initiative

Section 25 (Migratory Waterfowl Sanctuary)
This language expands commissioner authority and allows for designating a migratory waterfowl sanctuary without necessarily receiving a petition signed by at least ten residents. Authority is also expanded to limit access to waterfowl sanctuaries to include times other than only during the open migratory waterfowl season. DNR Initiative

Section 26 (Waterfowl Feeding and Resting Areas)
This language expands commissioner authority to either designate a waterfowl feeding and resting area after describing the area in a public notice and receiving public comments or after receiving a petition signed by at least ten residents. DNR Initiative

Section 27 (Walk-In Access Program)
This language establishes a walk-in access program to provide public access to wildlife habitat on private land for hunting effective March 1, 2013. DNR Initiative

Section 28 (Portable Stands)
This language would allow for two additional options for a hunter to identify a portable stand left overnight in a wildlife management area by a person hunting with a valid bear license. (House/Senate provision)
 
 
 
Section 29 (Replacement Deer Licenses)
This language is a technical change clarifying that this section of Minnesota Statute refers to replacing deer licenses. DNR Initiative
 
Sections 30 and 47 (Replacement Turkey Licenses)
This language authorizes the commissioner to issue replacement turkey licenses if the original license and unused tags are submitted and the applicant pays a fee ($5) to replace the license. DNR Initiative
 
Section 31 (Issuance of Big Game License After Conviction)
This language would revoke a person’s privilege of purchasing a deer license for: 1) one year if they are convicted of baiting deer, 2) doubles the revocation period for a person convicted of illegally taking a trophy deer scoring over 170 inches. DNR Initiative
Section 32 – 34, 59 (Application for License)
This language standardizes the price of hunting license applications (i.e., moose, elk, turkey, bear) to $4 per person. (House position)
 
Section 37 - 38 (Nonresident Deer Licenses for Youth)
This language is a technical change that clarifies that both resident and nonresident youth big game licensing requirements and specifies that both resident and nonresident youth, including those age 10 or 11, must pay a fee. Obsolete language is removed from Section 37. DNR Initiative
 
Section 36, 39 – 41 (Excluding Wolf Take from Small Game, Lifetime License Types)
This language excludes the taking of wolves from small game youth, lifetime small game hunting, lifetime sporting, and lifetime sporting with spearing option license types. DNR Initiative

Section 49 (Taking With Firearms in Certain Areas)
This language restricts taking of wild animals with a firearm within 500 feet or private property unless the land is a licensed shooting preserve or within 500 feet of a fenced enclosure with livestock of one acre or less without permission of the owner, occupant, or lessee. (House/Senate provision)
Section 53 (Hunter Satisfaction Survey)
This language clarifies that the commissioner shall collect hunter information on participation and satisfaction using established social science methods. (House provision)
 
Section 54 (Blaze Orange Requirements)
This language amends the current blaze orange requirements for small game hunting by providing an exception for archery deer hunters to take small game without blaze orange while stationary or while hunting small game by falconry. DNR Initiative
 
Section 56 (Use of Radio Equipment for Hunting)
This language allows for (a) radio communication between a handler and a dog and (b) use of a remote controlled motorized decoy for taking migratory waterfowl or mourning doves. DNR Initiative

Section 57 (Use of Mechanical or Electronic Assistance by Physically Disabled)
This language initiative allows physically disabled hunters to use a mechanical or electronic device to hold or discharge a firearm or bow. DNR Initiative
 
Section 58 (Deer Hunting and Baiting)
This language clarifies baiting definitions related to normal agricultural practices. DNR Initiative
 
Section 66 (Removal of Beavers)
This language expands authority from Road Authorities to include Local Government Units to remove beaver and associated dams for silvicultural purposes. Methods to remove the beaver by employees are loosened to include any method other than poison or artificial lights. DNR Initiative
Section 67 - 68 (Coyote, Fox, and Wolf Control)
This language authorizes the commissioner to determine by written order in the State Register the payment amount for each coyote, fox, or wolf taken by certified predator controllers. DNR Initiative
 
Section 70 (Hunter Must be Concealed)
This language expands commissioner authority to designate areas for the taking of waterfowl in open water. This authority would allow designation of border waters, large lakes or other areas for open water hunting. DNR Initiaitive
Section 72 (Body-Gripping Traps)
This language restricts the use of body-gripping traps greater than 6-1/2 inches and less than 7-1/2 inches (also known as Conibear 220 traps) on public lands and waters unless the trap is recessed seven inches or more from the top and front of an enclosure, no attractants are within 20 feet of the trap, or the trap is elevated at least three feet from the surface of the ground or snowpack. (House / Senate position)
 
Section 73, 74 (Ice Shelter Identification)
This language exempts portable shelters on ice of waters of the state that are attended by an individual from the identification requirements prescribed in law. If the shelter is unattended then the shelter would need identification. (House position)
Sections 75 and 83 (Winter Open Season for Trout in Boundary Waters Canoe Area)
This language clarifies that the winter season for trout species in lakes (and undesignated trout streams) entirely within the BWCA is January 1 to March 31.   The winter season for trout species in lakes (and undesignated trout streams) outside or partially within BWCA is January 15 to March 31. DNR Initiative

Sections 76 – 78 (Minnow Importation and Uses)
This language restricts the manner in which minnows imported from other states (that may be coming from waters infested with aquatic invasive species or disease) are transported. Containers must be tagged and tracked on permit paperwork. Permitees must disclose certain viruses.   Live minnows used for feeding at a licensed hatchery or farm may only be obtained within the state effective July 1, 2013. Only dead minnows may be imported for feeding at these facilities. Designated containment facilities may be issued permits to import minnows for later export with specific conditions to avoid spreading aquatic invasive species and pathogens. Designated facilities and their premises, equipment, and vehicles are subject to inspection. Permitees may be required to furnish evidence of financial responsibility. DNR Initiative  
 
Section 79 - 80 (Temporary Drawdown of Public Waters)
This language defines “shallow lake” and clarifies that permits for temporary drawdowns may include shallow lakes managed for fish, wildlife, or ecological purposes. Public hearings must be conducted presenting the management plan and outlining when and how temporary drawdowns will be conducted. Periodic temporary drawdowns are not considered takings from riparian landowners. DNR Initiative
Section 81 (Recreational Purpose and Noncommercial Aviation Activities)
This language expands the definition of recreational purposes in MS 604A.20 (“….promote the use of land owned by a municipal power agency and privately owned lands and waters by the public for beneficial recreational purpose…”) to include noncommercial aviation activities (i.e. use of private, nonstaffed airstrips for takeoffs and landings related to recreational purposes). (Senate provision)
 
Section 82 (Laws 2011 First Special Session, Fish and Wildlife Management)
This language allows that up to ten percent of the Fish and Wildlife management appropriation from the heritage enhancement account (increased from five percent) may be used to expand hunter and angler recruitment and retention activities including grants to organizations and securing public shooting range availability in the seven county metropolitan area for participants in the DNR firearms safety instruction course. (Senate position)
 
Section 84 (Restitution Value for Wolves)
This language changes through rule the restitution value for wolves to $500 now that the species is no longer listed on the federal Endangered Species Act. DNR Initiative
 
Section 87 (Twin Lakes SNA)
This provision requires the department to conduct public hearings to determine if hunting should be allowed on the Twin Lakes Scientific and Natural Area (SNA). Archery hunting is currently allowed on this SNA and a couple of local landowners are opposed to this activity there. The department can comply with this legislation. (Senate position)
 
Section 88 (Records Management)
This language would require DNR Enforcement to prepare and submit a report to the legislature for developing a records management system. The report must include projected costs for planning, implementing, maintaining and administering a comprehensive records management system and associated technology and equipment improvements. (House position, DNR supports)
Section 89 (Report to Legislature – Risks of Introducing Invasive carp Through Fish Transportation)
This language mandates a report from the commissioner by February 15, 2013 after consultation with the aquaculture industry and other affected parties on the risks of introducing invasive carp species through transportation of fish between water bodies with recommendations on necessary changes in statutes, rules, or permitting procedures. DNR Initiative
 
Section 91 (Repealer)
1. M.S. 87A.02, subdivision 1
2. M.S. 97A.045, subdivisions 8 and 13
3. M.S. 97A.065, subdivision 1
4. M.S. 97A.095, subdivision 3
5. M.S. 97A.331, subdivision 7
6. M.S. 97A.485, subdivision 12
7. M.S. 97A.552; 97B.645, subdivision 2
8. M.S. 97C.031
9. M.S. 17.4993, subdivision 2, is repealed on July 1, 2013.
 
 
 
 
Article 2 Background:
Section 1 (Land Acquisition)
This language stipulates that revenue for the sale of game and fish licenses may not be used to purchase land in fee title or easements except for revenues from the small game license surcharges and hunting and fishing stamps.   (House position)
 
Section 2 (Deer Licenses)
This section stipulates that fifty cents from each annual deer license and fifty cents from each lifetime deer license shall be credited to the wolf management and monitoring account effective March 1, 2013. (Senate position)
 
Section 3 (License Period)
This language establishes a three year individual angling license effective March 1, 2013. DNR Initiative
 
Sections 10 – 27, 30 - 33, 38 (Fishing, Hunting, and Trapping License Fee Increases or Adjustments)
This language increases angling, hunting, and trapping licenses effective March 1, 2013.
1. Trout and Salmon stamp exempt from: NEW consecutive 72-hour angling license,
 
Section 4 (Validity of Licenses)
This language stipulates that if a licensee’s age, residency or student status changes then licenses to take wild animals will be valid for the balance of the license year effective March 1, 2013. DNR Initiative
 
Section 5 – 9 (Youth Licenses)
This language adjusts the license age requirements for turkey, resident small game, nonresident small game, big game, and nonresident angling license types.   (House / Senate)
 
Section 28 (Electronic Licensing Commission)
This language stipules that the commissioner shall retain the commission and issuing fees for all license fees effective March 1, 2013.
 
Section 29 (Firearms Safety Certificate Required)
This language clarifies that residents under the age of 18 would not be required to have a Firearms Safety Certificate under existing programs in state law effective March 1, 2013.
Section 34 (Invasive Species Account Transfer)
This provision transfers $500,000 from the Game and Fish Fund to the Invasive Species Account in fiscal year 2012 and, in combination with Section 36 of the bill, offsets a $1 million reduction in a fiscal year 2013 Environmental Trust Fund appropriation to the invasive species program (see SF 2493, Article 2, sec. 2).
 
Section 35 (Invasive Species Appropriation)
This provision increases the appropriation from the Invasive Species account by $1 million for fiscal year 2013, to offset the $1 million reduction in the fiscal year 2013 Environmental Trust Fund appropriation for invasive species (see SF2493, Article 2, sec. 2). The dollars come from a transfer from the Game and Fish Fund account that is supported by an increase in the nonresident fishing license surcharge (Article 2, sec. 20) and the overall increase in hunting and fishing licenses.
 
 
Section 36 (Walk-In Access Account Transfer)
This language authorizes the transfer of $616,000 from the venison donation account to the walk-in access account and is available until spent.
 
Section 37 (Repealer)
 
 
We will be preparing an end of session of session summary shortly after session.
As always if you have questions about any of the information contained in this message or any other legislative issue please feel free to contact me at bob.meier@state.mn.us or at 651-259-5024.
Make sure you get outside and enjoy our great states natural resources!
Bob Meier

Governor signs license fee increase bill
Source: MN DNR Press Release
(Released May 4, 2012)

The price of Minnesota hunting and fishing licenses will increase in March 2013 for the first time in 12 years, the Minnesota Department of Natural Resources (DNR) said.
On Thursday, May 3, Gov. Mark Dayton signed a House- and Senate-approved bill that, among other things, raises the cost of an annual resident fishing license from $17 to $22 and a resident deer hunting license from $26 to $30. Most resident youth hunting and fishing licenses will be $5 or free. Youth under 16 do not need a fishing or small game hunting license.
License fee increases were widely supported by hunting, fishing and conservation organizations. The last general license fee increase was approved in 2000 and implemented in 2001.
“This action was critical to maintaining the world class fishing and hunting that Minnesota enjoys,” said DNR Commissioner Tom Landwehr. “I appreciate all the efforts of the organized groups and the individual hunters, anglers, trappers and others who supported new license prices. I also thank the Legislature for its bipartisan leadership and support on this important conservation initiative.”
Enacting the license fee bill maintains the solvency of the state’s Game and Fish Fund for the remainder of this biennium, which ends June 30, 2013. New revenue will begin to come into the game and fish fund in March 2013. The DNR estimates the fees will generate about $5 million in fiscal 2013 and approximately $10 million per year in following years.
“The fishing and hunting community has spoken that they are willing to pay for good conservation,” said Landwehr. “We will put these dollars to their highest and best use for game and fish management and enforcement. That means providing the results that hunters, anglers and the conservation community are asking for.”
Landwehr said specific uses of new license fee revenues will be proposed in the months ahead as the agency develops a biennial budget proposal that the governor will submit to the Legislature in January 2013