Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1986, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986
CHAPTER 386-S.F.No. 1526
An act relating to natural resources; recodifying laws
governing wild animals in general, the taking and
possession of game and fish, and the management of
natural resources; barring game and fish citation
quotas; providing penalties; amending Minnesota
Statutes 1984, sections 9.071; 14.02, subdivision 4;
14.38, subdivision 6; 18.021, subdivision 3; 84.0274,
subdivision 6; 84.88, subdivision 2; 84.89; 84A.02;
85.018, subdivision 8; 86A.06; 105.391, subdivisions 3
and 12; 105.417, subdivision 4; 111.81, subdivision 1;
343.21, subdivision 8; 343.30; 352B.01, subdivision 2;
361.25; 383C.13; 477A.12; 477A.13; Minnesota Statutes
1985 Supplement, section 105.74; proposing coding for
new law in Minnesota Statutes, chapters 84; 97A; 97B;
97C; 609; and 624; repealing Minnesota Statutes 1984,
and 1985 Supplement, chapters 97, 98, 99, 100, 101,
and 102.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHAPTER 97A
GAME AND FISH LAWS
GENERAL PROVISIONS
Section 1. [97A.011] [CITATION.]
Chapters 97A, 97B, and 97C may be cited as the "game and
fish laws."
Sec. 2. [97A.015] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The terms defined in this
section apply to chapters 97A, 97B, and 97C. [97.40 s. 1]
Subd. 2. [ANGLING.] "Angling" means taking fish with a
hook and line. An "angler" is a person who takes fish by
angling. [97.40 s. 32]
Subd. 3. [BIG GAME.] "Big game" means deer, moose, elk,
bear, antelope, and caribou. [97.40 s. 8]
Subd. 4. [BUY.] "Buy" includes barter, exchange for
consideration, offer to buy, or attempt to buy. [97.40 s. 19]
Subd. 5. [CAMP.] "Camp" means the temporary abode of a
person fishing, hunting, trapping, vacationing, or touring,
while on a trip or tour including resorts, tourist camps, and
other establishments providing temporary lodging. [97.40 s. 30]
Subd. 6. [CHUB.] "Chub" means shortnose cisco, shortjaw
cisco, longjaw cisco, bloater, kiyi, blackfin cisco, and
deepwater cisco.
Subd. 7. [CISCO.] "Cisco" means Coregonus artedii and
includes lake herring and tullibee.
Subd. 8. [CLOSED SEASON.] "Closed season" means the period
when a specified protected wild animal may not be taken. [97.40
s. 14]
Subd. 9. [COMMERCIAL FISHING.] "Commercial fishing" means
taking fish, except minnows, for sale. [97.40 s. 33]
Subd. 10. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources. [97.40 s. 2]
Subd. 11. [CONDEMNATION.] "Condemnation" means the
exercise of the right of eminent domain in the manner provided
under chapter 117.
Subd. 12. [CONTRABAND.] "Contraband" means a wild animal
taken, bought, sold, transported, or possessed in violation of
the game and fish laws, and all instrumentalities and devices
used in taking wild animals in violation of the game and fish
laws that are subject to confiscation. [97.40 s. 24]
Subd. 13. [CONVICTION.] "Conviction" means: (1) a final
conviction after a trial or a plea of guilty; (2) a forfeiture
of cash or collateral deposited to guarantee an appearance of a
defendant in court, if the forfeiture has not been vacated or
the court has not reinstated the trial within 15 days after the
forfeiture; or (3) a breach of a condition of release without
bail. [97.40 s. 35]
Subd. 14. [DARK HOUSE.] "Dark house" means a structure set
on the ice of state waters that is darkened to view fish in the
water beneath the structure. [97.40 s. 23]
Subd. 15. [DESIGNATED TROUT LAKE; DESIGNATED TROUT
STREAM.] "Designated trout lake or designated trout stream"
means a lake or stream designated by the commissioner as a trout
lake or a trout stream under section 97C.001.
Subd. 16. [DIRECTOR.] "Director" means the director of the
division of fish and wildlife. [97.40 s. 4]
Subd. 17. [DIVISION.] "Division" means the division of
fish and wildlife of the department of natural resources.
[97.40 s. 3]
Subd. 18. [ENFORCEMENT OFFICER.] "Enforcement officer"
means the commissioner, the director, a conservation officer, or
a game refuge manager. [97.48]
Subd. 19. [FIREARM.] "Firearm" means a gun that discharges
shot or a projectile by means of an explosive, a gas, or
compressed air. [97.40 s. 34]
Subd. 20. [FIREARMS SAFETY CERTIFICATE.] "Firearms safety
certificate" means the certificate issued under article 2,
section 4.
Subd. 21. [FISH HOUSE.] "Fish house" means a structure set
on the ice of state waters to provide shelter while taking fish
by angling.
Subd. 22. [FUR-BEARING ANIMALS.] "Fur-bearing animals"
means mammals that are protected wild animals, except big game.
[97.40 s. 7]
Subd. 23. [GAME.] "Game" means big game and small game.
Subd. 24. [GAME BIRDS.] "Game birds" means migratory
waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada
spruce grouse, prairie chickens, chukar partridge, gray
partridge, quail, turkeys, coots, gallinules, sora and Virginia
rails, American woodcock, and common snipe.
Subd. 25. [GAME FISH.] "Game fish" means walleye, sauger,
yellow perch, channel catfish, flathead catfish; members of the
pike family, Esocidae, including muskellunge and northern pike;
members of the sunfish family, Centrarchidae, including
largemouth bass, smallmouth bass, sunfish, rock bass, white
crappie, black crappie, members of the temperate bass family,
Percichthyidae, including white bass and yellow bass; members of
the salmon and trout subfamily, Salmoninae, including atlantic
salmon, chinook salmon, coho salmon, pink salmon, kokanee
salmon, lake trout, brook trout, rainbow (steelhead) trout, and
splake; members of the paddlefish family, Polyodontidae; members
of the sturgeon family, Acipenseridae, including lake sturgeon,
and shovelnose sturgeon. "Game fish" includes hybrids of game
fish.
Subd. 26. [HUNTING.] "Hunting" means taking birds or
mammals. [97.40 s. 31]
Subd. 27. [LICENSE.] "License" means a license or stamp
issued under the game and fish laws.
Subd. 28. [MIGRATORY WATERFOWL.] "Migratory waterfowl"
means brant, ducks, geese, and swans. [97.4841 s.1]
Subd. 29. [MINNOWS.] "Minnows" means: (1) members of the
minnow family, Cyprinidae, except carp and goldfish; (2) members
of the mudminnow family, Umbridae; (3) members of the sucker
family, Catostomidae, not over 12 inches in length; (4)
bullheads, ciscoes, lake whitefish, goldeyes, and mooneyes, not
over seven inches long; and (5) leeches. [97.40 s. 12]
Subd. 30. [MINNOW DEALER.] "Minnow dealer" means a person
taking minnows for sale, buying minnows for resale, selling
minnows at wholesale, or transporting minnows for sale. [97.40
s. 27]
Subd. 31. [MINNOW RETAILER.] "Minnow retailer" means a
person selling minnows at retail from an established place of
business. [97.40 s. 27]
Subd. 32. [MOTOR VEHICLE.] "Motor vehicle" means a
self-propelled vehicle or a vehicle propelled or drawn by a
self-propelled vehicle that is operated on a highway, on a
railroad track, on the ground, in the water, or in the air.
[97.40 s. 29]
Subd. 33. [NONRESIDENT.] "Nonresident" means a person who
is not a resident.
Subd. 34. [OPEN SEASON.] "Open season" means the period
when a specified protected wild animal may be taken. [97.40 s.
13]
Subd. 35. [PERSON.] "Person" means only an individual if
used in reference to issuing licenses to take wild animals, but
otherwise means an individual, firm, partnership, joint stock
company, association, or public or private corporation. [97.40
s. 20]
Subd. 36. [POSSESSION.] "Possession" means both actual and
constructive possession and control of the things referred to.
[97.40 s. 16]
Subd. 37. [PREDATOR.] "Predator" means a timber wolf,
coyote, fox, lynx, or bobcat. [97.487 s. 2]
Subd. 38. [PROTECTED BIRDS.] "Protected birds" means all
birds except unprotected birds.
Subd. 39. [PROTECTED WILD ANIMALS.] "Protected wild
animals" are the following wild animals: big game, small game,
game fish, rough fish, minnows, leeches, alewives, ciscoes,
chubs, and lake whitefish, and the subfamily Coregoninae,
rainbow smelt, frogs, turtles, clams, mussels, timber wolf,
mourning doves, and wild animals that are protected by a
restriction in the time or manner of taking, other than a
restriction in the use of artificial lights, poison, or motor
vehicles. [97.40 s. 6]
Subd. 40. [PUBLIC ACCESS.] "Public access" means an access
that is owned by the state or a political subdivision and
accessible to the public without charge.
Subd. 41. [PUBLIC WATERS.] "Public waters" means waters
defined in section 105.37, subdivision 14.
Subd. 42. [RESIDENT.] "Resident" means: (1) an individual
who is a citizen of the United States or a resident alien, and
has maintained a legal residence in the state at least the
immediately preceding 60 days; (2) a nonresident under the age
of 21 who is the child of a resident; (3) a domestic
corporation; or (4) a foreign corporation authorized to do
business in the state that has conducted a licensed business at
a location within the state for at least ten years. [97.40 s.
21; 98.45 s. 6]
Subd. 43. [ROUGH FISH.] "Rough fish" means carp, buffalo,
sucker, sheepshead, bowfin, burbot, ciscoe, gar, goldeye, and
bullhead. [97.40 s. 11]
Subd. 44. [SALE.] "Sale" means an exchange for
consideration, and includes barter, offer to sell, and
possession with intent to sell. [97.40 s. 18]
Subd. 45. [SMALL GAME.] "Small game" means game birds,
gray squirrel, fox squirrel, cottontail rabbit, snowshoe hare,
jack rabbit, raccoon, lynx, bobcat, fox, fisher, pine marten,
oppossum, badger, cougar, wolverine, muskrat, mink, otter, and
beaver.
Subd. 46. [SUNFISH.] "Sunfish" means bluegill,
pumpkinseed, green sunfish, orange spotted sunfish, longear
sunfish, and warmouth. "Sunfish" includes hybrids of sunfish.
Subd. 47. [TAKING.] "Taking" means pursuing, shooting,
killing, capturing, trapping, snaring, angling, spearing, or
netting wild animals, or placing, setting, drawing, or using a
net, trap, or other device to take wild animals. Taking
includes attempting to take wild animals, and assisting another
person in taking wild animals. [97.40 s. 15]
Subd. 48. [TRANSPORT, TRANSPORTATION.] "Transport,
transportation" means causing or attempting to cause wild
animals to be carried or moved by a device and includes
accepting or receiving wild animals for transportation or
shipment. [97.40 s. 17]
Subd. 49. [UNDRESSED BIRD.] "Undressed bird" means:
(1) a bird, excluding migratory waterfowl, with feet and
feathered head intact; or
(2) a migratory waterfowl with a fully feathered wing
attached. [97.40 s. 25]
Subd. 50. [UNDRESSED FISH.] "Undressed fish" means fish
with heads, tails, fins and skins intact, whether entrails,
gills, or scales are removed or not. [97.40 s. 26]
Subd. 51. [UNLOADED.] "Unloaded" means, with reference to
a firearm, without ammunition in the barrels and magazine. A
muzzle loading firearm with a flintlock ignition is unloaded if
it does not have priming powder in a pan. A muzzle loading
firearm with percussion ignition is unloaded if it does not have
a percussion cap on a nipple. [100.29 s. 5]
Subd. 52. [UNPROTECTED BIRDS.] "Unprotected birds" means
English sparrow, blackbird, crow, starling, magpie, cormorant,
common pigeon, and great horned owl. [100.26 s. 2]
Subd. 53. [UNPROTECTED WILD ANIMALS.] "Unprotected wild
animals" means wild animals that are not protected wild animals
including weasel, coyote (brush wolf), gopher, porcupine, skunk,
and civet cat, and unprotected birds. [100.26 s. 1, 2]
Subd. 54. [WATERS OF THIS STATE, STATE WATERS.] "Waters of
this state, state waters" includes all boundary and inland
waters. [97.40 s. 22]
Subd. 55. [WILD ANIMALS.] "Wild animals" means all living
creatures, not human, wild by nature, endowed with sensation and
power of voluntary motion, and includes mammals, birds, fish,
amphibians, reptiles, crustaceans, and mollusks. [97.40 s. 5]
Sec. 3. [97A.021] [CONSTRUCTION.]
Subdivision 1. [CODE OF CRIMINAL PROCEDURE.] A provision
of the game and fish laws that is inconsistent with the code of
criminal procedure or of penal law is only effective under the
game and fish laws. [97.41 s. 1]
Subd. 2. [AUTHORITY OF COMMISSIONER.] A provision of the
game and fish laws is subject to, and does not change or modify
the authority of the commissioner to delegate powers, duties,
and functions under sections 84.083 and 84.088. [97.41 s. 2]
Subd. 3. [PARTS OF WILD ANIMALS.] A provision relating to
a wild animal applies in the same manner to a part of the wild
animal. [97.40 s. 10]
Subd. 4. [DATES AND OPEN SEASONS.] The dates specified in
the game and fish laws and time periods prescribed for certain
activities or as open season are inclusive, unless otherwise
specified. [97.40 s. 28]
Sec. 4. [97A.025] [OWNERSHIP OF WILD ANIMALS.]
The ownership of wild animals of the state, is in the
state, in its sovereign capacity for the benefit of all the
people of the state. A person may not acquire a property right
in wild animals, or destroy them, unless authorized under the
game and fish laws or sections 84.09 to 84.15. [97.42]
Sec. 5. [97A.031] [WANTON WASTE.]
Unless expressly allowed, a person may not wantonly waste
or destroy a usable part of a protected wild animal. [97.47]
Sec. 6. [97A.035] [REMOVAL OF SIGNS PROHIBITED.]
A person may not remove or deface a department of natural
resources sign, without approval of the commissioner. [99.26 s.
3]
Sec. 7. [97A.041] [EXHIBITION OF WILDLIFE.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, "wildlife" means any wild mammal, wild bird, reptile,
or amphibian. [97.611 s. 1]
Subd. 2. [POSSESSION.] A person connected with a
commercial enterprise may not possess wildlife in captivity for
public exhibition purposes, except under permit as provided in
this section. [97.611 s. 2]
Subd. 3. [PERMIT.] The commissioner may issue a permit to
possess wildlife for public exhibition to an applicant qualified
by education or experience in the care and treatment of
wildlife. The permit fee is $10. The commissioner may
prescribe terms and conditions of the permit. A permit issued
under this section shall include a condition that allows an
enforcement officer to enter and inspect the facilities where
the wildlife covered by the permit are held in captivity.
[97.611 s. 2, 3]
Subd. 4. [PERMIT APPLICATION.] An application for a permit
must include:
(1) a statement regarding the education or experience in
the care and treatment of wildlife of the applicant and each
individual employed by the applicant for that purpose;
(2) a description of the facilities used to keep the
wildlife in captivity;
(3) a statement of the number of species or subspecies of
wildlife to be covered by the permit and a statement describing
where and from whom the wildlife was acquired;
(4) a signed agreement that the standards prescribed by the
commissioner will be followed; and
(5) other information requested by the commissioner.
[97.611 s. 2]
Subd. 5. [CARE AND TREATMENT.] The commissioner shall
adopt, under chapter 14, reasonable standards for the care and
treatment of captive wildlife for public display purposes,
including standards of sanitation. [97.611 s. 2]
Subd. 6. [VIOLATION OF POSSESSION STANDARDS.] If a
violation is found during an inspection, the commissioner shall
give the permittee notice to abate the violation within an
adequate time determined by the commissioner. If the violation
has not been abated when the time expires, the commissioner may
request the attorney general to bring an action to abate the
violation. [97.611 s. 4]
Subd. 7. [EXEMPTION FOR ZOOS, CIRCUSES, PET SHOPS.] This
section does not apply to a publicly owned zoo or wildlife
exhibit, privately owned traveling zoo or circus, or a pet
shop. [97.611 s. 5]
Sec. 8. [97A.045] [COMMISSIONER, GENERAL POWERS AND
DUTIES.]
Subdivision 1. [DUTIES; GENERALLY.] The commissioner shall
do all things the commissioner determines are necessary to
preserve, protect, and propagate desirable species of wild
animals. The commissioner shall make special provisions for the
management of fish and wildlife to insure recreational
opportunities for anglers and hunters. The commissioner shall
acquire wild animals for breeding or stocking and may dispose of
or destroy undesirable or predatory wild animals. [97.48 s. 8,
9, 10]
Subd. 2. [POWER TO PROTECT WILD ANIMALS BY SEASONS AND
LIMITS.] The commissioner may protect a species of wild animal
in addition to the protection provided by the game and fish
laws, by further limiting or closing seasons or areas of the
state, or by reducing limits in areas of the state, if the
commissioner determines the action is necessary to prevent
unnecessary depletion or extinction, or to promote the
propagation and reproduction of the animal. [97.48 s. 1]
Subd. 3. [POWER TO MODIFY DATES OF SEASONS.] If the
statutory opening date of a season for taking protected wild
animals, except a season prescribed under federal regulations,
is not on a Saturday, the commissioner may designate the nearest
Saturday to the statutory date as the opening day of the
season. If the statutory closing date falls on a Saturday, the
commissioner may extend it through the following day. [97.48 s.
23]
Subd. 4. [BOUNDARY WATERS.] The commissioner may regulate
the taking, possession, and transportation of wild animals from
state and international boundary waters. The regulations may
include restrictions on the limits of fish that may be taken,
possessed, or transported from international boundary waters by
a person possessing both a Minnesota angling license and an
angling license from an adjacent Canadian province. [97.48 s.
3]
Subd. 5. [POWER TO PRESCRIBE THE FORM OF PERMITS AND
LICENSES.] The commissioner may prescribe the form of permits,
licenses, and tags issued under the game and fish laws.
[97.4841 s. 2; 97.4842 s. 1; 97.4843 s. 2; 98.48 s. 14]
Subd. 6. [DUTY TO DISSEMINATE INFORMATION.] The
commissioner shall collect, compile, publish, and disseminate
statistics, bulletins, and information related to conservation.
[97.48 s. 19]
Subd. 7. [DUTY TO ENCOURAGE STAMP PURCHASES.] The
commissioner shall encourage the purchase of:
(1) Minnesota migratory waterfowl stamps by nonhunters
interested in the migratory waterfowl preservation and habitat
development; [97.4841 s. 2]
(2) pheasant stamps by persons interested in pheasant
habitat improvement; and [97.4843 s. 2]
(3) trout and salmon stamps by persons interested in trout
and salmon stream and lake improvement. [97.4842 s. 1]
Subd. 8. [HUNTING AND FISHING LICENSE RECIPROCITY WITH
WISCONSIN.] The commissioner may enter into an agreement with
game and fish licensing authorities in the state of Wisconsin
under which Wisconsin residents owning real property in
Minnesota are allowed to purchase annual nonresident game and
fish licenses at fees required of Minnesota residents, provided
Minnesota residents owning real property in Wisconsin are
allowed to purchase identical nonresident licenses in Wisconsin
upon payment of the Wisconsin resident license fee. The
commissioners of natural resources in Minnesota and Wisconsin
must agree on joint standards for defining real property
ownership. The commissioner shall present the joint standards
to the senate agriculture and natural resources and house
environment and natural resources committees. [98.465]
Sec. 9. [97A.051] [PUBLICATION OF ORDERS AND LAWS.]
Subdivision 1. [COMPILATION OF LAWS.] As soon as
practicable after each legislative session, the commissioner,
under the direction of the attorney general, shall assemble the
current laws relating to wild animals and index the laws
properly. This compilation shall be printed in pamphlet form of
pocket size, and 50 copies distributed to each senator, 25
copies to each representative, and ten copies to each county
auditor. Up to 10,000 additional copies may be printed for
general distribution. [97.53 s. 1]
Subd. 2. [SUMMARY OF FISH AND GAME LAWS.] The commissioner
shall prepare a summary of the hunting and fishing laws and
deliver a sufficient supply to county auditors to furnish one
copy to each person obtaining a hunting, fishing, or trapping
license. At the beginning of the summary, under the heading
"Trespass," the commissioner shall summarize the trespass
provisions under article 2, state that conservation officers and
peace officers must enforce the trespass laws, and state the
penalties for trespassing. [97.53 s. 1]
Subd. 3. [PUBLICATION OF ORDERS AND RULES.] All orders and
rules promulgated by the commissioner or the director that
affect matters in more than three counties must be published
once in a legal newspaper in Minneapolis, St. Paul, and Duluth.
The orders and rules that do not affect more than three counties
must be published once in a legal newspaper in each county
affected. An order or rule is not effective until seven days
after the publication. [97.53 s. 2]
Subd. 4. [ORDERS AND RULES HAVE FORCE AND EFFECT OF
LAW.] When the order or rule is executed and published, it has
the force and effect of law. Violation of an order or rule has
the same penalty as a violation of the law. [97.53 s. 2]
Sec. 10. [97A.055] [GAME AND FISH FUND.]
Subdivision 1. [ESTABLISHMENT; PURPOSES.] The game and
fish fund is established as a fund in the state treasury. The
money in the fund is annually appropriated to the commissioner
for the activities of the division. [97.49 s. 1]
Subd. 2. [RECEIPTS.] The state treasurer shall credit to
the game and fish fund all money received under the game and
fish laws including receipts from:
(1) licenses issued;
(2) fines and forfeited bail;
(3) sales of contraband, wild animals, and other property
under the control of the division;
(4) fees from advanced education courses for hunters and
trappers;
(5) reimbursements of expenditures by the division; and
(6) contributions to the division. [97.49 s. 1]
Sec. 11. [97A.061] [PAYMENT IN LIEU OF TAXES.]
Subdivision 1. [APPLICABILITY; AMOUNT.] (a) The
commissioner shall annually make a payment from the game and
fish fund to each county having public hunting areas and game
refuges. This section does not apply to state trust fund land
and other state land not purchased for game refuge or public
hunting purposes. The payment shall be the greatest of:
(1) 35 percent of the gross receipts from all special use
permits and leases of land acquired for public hunting and game
refuges;
(2) 50 cents per acre on land purchased actually used for
public hunting or game refuges; or
(3) three-fourths of one percent of the appraised value of
purchased land actually used for public hunting and game refuges.
(b) the payment must be reduced by the amount paid under
subdivision 3 for croplands managed for wild geese. [97.49 s.
7]
(c) The appraised value is the purchase price for five
years after acquisition. The appraised value shall be
determined by the county assessor every five years after
acquisition. [97.49 s. 3]
Subd. 2. [ALLOCATION.] (a) Except as provided in
subdivision 3, the county treasurer shall allocate the payment
among the county, towns, and school districts on the same basis
as if the payments were taxes on the land received in the
current year. The county's share of the payment shall be
deposited in the county general revenue fund. [97.49 s. 3]
(b) The county treasurer of a county with a population over
39,000 but less than 42,000 in the 1950 federal census, shall
allocate the payment only among the towns and school districts
on the same basis as if the payments were taxes on the lands
received in the current year. [97.49 s. 6]
Subd. 3. [GOOSE MANAGEMENT CROPLANDS.] (a) The
commissioner shall make a payment on July 1 of each year from
the game and fish fund, to each county where the state owns more
than 1,000 acres of crop land, for wild goose management
purposes. The payment shall be equal to the taxes assessed on
comparable, privately owned, adjacent land. The county
treasurer shall allocate the payment as provided in subdivision
2.
(b) The land used for goose management under this
subdivision is exempt from taxation as provided in sections
272.01 and 273.19. [97.49 s. 7]
Sec. 12. [97A.065] [DEDICATION OF CERTAIN RECEIPTS.]
Subdivision 1. [FISH AND TURTLES FROM ROUGH FISH REMOVAL.]
Money received from the sale of fish and turtles taken under
rough fish removal operations is continuously available for
rough fish removal. [97.49 s. 4]
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of the
game and fish laws, sections 84.09 to 84.15, and 84.81 to 84.88,
chapter 34B, and any other law relating to wild animals, and
aquatic vegetation must be paid to the treasurer of the county
where the violation is prosecuted. The county treasurer shall
submit one-half of the receipts to the commissioner and credit
the balance to the county general revenue fund except as
provided in paragraph (b). [97.49 s. 5]
(b) The commissioner must reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for
violations under this section if the county board, by
resolution, directs: (1) the county treasurer to submit all
fines and forfeited bail to the commissioner; and (2) the county
auditor to certify and submit monthly itemized statements to the
commissioner. [97.49 s. 5]
Subd. 3. [FISHING LICENSE SURCHARGE.] (a) The commissioner
may use the revenue from the fishing license surcharge for:
(1) rehabilitation and improvement of marginal fish
producing waters, administered on a cost-sharing basis, under
agreements between the commissioner and other parties interested
in sport fishing;
(2) expansion of fishing programs including aeration,
stocking of marginal fishing waters in urban areas, shore
fishing areas, and fishing piers, with preference given to local
units of government and other parties sharing costs;
(3) upgrading of fish propagation capabilities to improve
the efficiency of fish production, expansion of walleye
production by removal from waters subject to winter kill for
stocking in more suitable waters, introduction of new
biologically appropriate species, and purchase of fish from
private hatcheries for stocking;
(4) financing the preservation and improvement of fish
habitat, with priority given to expansion of habitat improvement
programs implemented with other interested parties;
(5) increasing enforcement with covert operations,
workteams, and added surveillance, communication, and
navigational equipment; and
(6) purchase of the walleye quota of commercial fishing
operators under article 3, section 65, subdivision 9.
(b) Not more than ten percent of the money available under
this subdivision may be used for administrative and permanent
personnel costs. [97.86 s. 1]
(c) The commissioner shall prepare an annual work plan for
the use of the revenue and provide copies of the plan, and
amendments, to the house environment and natural resources
committee, senate agriculture and natural resources committee,
and other interested parties. The committees must review issues
and trends in the management and improvement of fishing
resources using information obtained by and presented to the
committees by public and private agencies and organizations and
other parties interested in management and improvement of
fishing resources. [97.86 s. 2]
Sec. 13. [97A.071] [WILDLIFE ACQUISITION ACCOUNT.]
Subdivision 1. [ACCOUNT ESTABLISHED.] The wildlife
acquisition account is established as an account in the game and
fish fund. [97.483]
Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.]
Revenue from the small game surcharge shall be credited to the
wildlife acquisition account and the money in the account shall
be used by the commissioner for the purposes of this section,
and acquisition of wildlife lands under section 28, in
accordance with appropriations made by the legislature.
[97.483]
Subd. 3. [USE OF WILDLIFE ACQUISITION ACCOUNT MONEY.] The
wildlife acquisition account may be used for developing,
preserving, restoring, and maintaining waterfowl breeding
grounds in Canada under agreement or contract with any nonprofit
organization dedicated to the construction, maintenance, and
repair of projects that are acceptable to the governmental
agency having jurisdiction over the land and water affected by
the projects. The commissioner may execute agreements and
contracts if the commissioner determines that the use of the
funds will benefit the migration of waterfowl into the state.
[97.482 s. 2]
Subd. 4. [ASSESSMENTS TO BE PAID FROM FUND.] An assessment
against the state under sections 106A.015, subdivision 2,
106A.025, or 106A.615 on lands acquired for wildlife habitat
shall be paid from the wildlife acquisition account. [97.484]
Sec. 14. [97A.075] [USE OF LICENSE REVENUES.]
Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
of this subdivision, "deer license" means a license issued under
section 68, subdivision 2, clauses (4) and (5) and subdivision
3, clauses (2) and (3).
(b) At least $2 from each deer license shall be used for
deer habitat improvement. At least $1 from each resident deer
license and each resident bear license shall be used for deer
and bear management programs, including a computerized licensing
system. [97.49 s. 1a, 1b]
Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] The
commissioner may use the revenue from the Minnesota migratory
waterfowl stamps for:
(1) development of wetlands in the state and designated
waterfowl management lakes for maximum migratory waterfowl
production including the construction of dikes, water control
structures and impoundments, nest cover, rough fish barriers,
acquisition of sites and facilities necessary for development
and management of existing migratory waterfowl habitat and the
creation of migratory waterfowl management lakes;
(2) protection and propagation of migratory waterfowl;
(3) development, restoration, maintenance, or preservation
of migratory waterfowl habitat;
(4) acquisition of and access to structure sites; and
(5) necessary related administrative costs not to exceed
ten percent of the annual revenue. [97.4841 s. 1, 4]
Subd. 3. [TROUT AND SALMON STAMP.] The commissioner may
use the revenue from trout and salmon stamps for:
(1) the development, restoration, maintenance, and
preservation of trout streams and lakes;
(2) rearing and stocking of trout and salmon in trout
streams and lakes and Lake Superior; and
(3) necessary related administrative costs not to exceed
ten percent of the annual revenue. [97.4842 s. 3]
Subd. 4. [PHEASANT STAMP.] The commissioner may use the
revenue from pheasant stamps for:
(1) the development, restoration, maintenance, and
preservation of suitable habitat for ringnecked pheasants on
public and private land including the establishment of nesting
cover, winter cover, and reliable food sources;
(2) reimbursement of landowners for setting aside lands for
pheasant habitat;
(3) reimbursement of expenditures to provide pheasant
habitat on public and private land;
(4) the promotion of pheasant habitat development,
maintenance, and preservation; and
(5) necessary related administrative and personnel costs
not to exceed ten percent of the annual revenue. [97.4843 s.
1(c), 4]
Sec. 15. [97A.081] [POSTING LAND.]
The commissioner may post land acquired for public hunting
grounds, food and cover planting areas, game refuges, wildlife
lands, and conservation area lands so as to identify and
indicate the management purpose. [97.48 s. 25]
Sec. 16. [97A.085] [GAME REFUGES.]
Subdivision 1. [STATE PARKS.] All state parks are
designated as game refuges. [99.25 s. 1]
Subd. 2. [ESTABLISHMENT BY COMMISSIONER'S ORDER.] The
commissioner may designate, by order, a contiguous area of at
least 640 acres as a game refuge if more than 50 percent of the
area is in public ownership. [99.25 s. 2, 5]
Subd. 3. [ESTABLISHMENT BY PETITION OF LAND HOLDERS.] The
commissioner may designate by order land area described in a
petition as a game refuge. The petition must be signed by the
owner, the lessee, or the person in possession of each tract in
the area. A certificate of the auditor of the county where the
lands are located must accompany the petition stating that the
persons named in the petition are the owners, lessees, or
persons in possession of all of the land described according to
the county records. The game refuge must be a contiguous area
of at least 640 acres unless it borders or includes a marsh, or
other body of water or watercourse suitable for wildlife
habitat. [99.25 s. 3, 5]
Subd. 4. [ESTABLISHMENT BY PETITION OF COUNTY RESIDENTS.]
The commissioner may, by order, designate as a game refuge a
contiguous area of at least 640 acres, described in a petition,
signed by 50 or more residents of the county where the area is
located. Before designation, the commissioner must hold a
public hearing on the petition. The notices of the time and
place of the hearing must be posted in five of the most
conspicuous places within the proposed game refuge at least 15
days before the hearing. A notice of the hearing must be
published in a legal newspaper in each county where the area is
located at least seven days before the hearing. The game refuge
may be designated only if the commissioner finds that protected
wild animals are depleted and are in danger of extermination, or
that it will best serve the public interest. [99.25 s. 4, 5, 6]
Subd. 5. [SPECIES REFUGE FOR SPECIFIED GAME.] The
commissioner may, by order, designate a species refuge for only
specified species. The game refuge must be posted accordingly.
[99.25 s. 6a, 7]
Subd. 6. [AREA INCLUDED IN GAME REFUGE.] A state game
refuge includes all public lands, waters, highways, and railroad
right-of-way within the refuge boundary and, in the discretion
of the commissioner, may include adjacent public lands and
waters. [99.25 s. 6]
Subd. 7. [GAME REFUGE BOUNDARY POSTING.] (a) The
designation of a state game refuge is not effective until the
boundary has been posted with notices that measure at least 12
inches. The notices posted on state park boundaries must have
black letters on a yellow background stating that the area is a
state park. The notices on other game refuges must have black
letters on a white background stating that the area is a state
game refuge.
(b) The notices must be posted at intervals of not more
than 500 feet or less along the boundary. The notices must also
be posted at all public road entrances to the refuges, except
where the boundary is also an international or state boundary in
public waters. Where the boundary of a refuge extends more than
500 feet continuously through a body of water, instead of
placing notices in the water, notices with the words, "Adjacent
Waters Included," may be placed on the shoreline at the
intersection of the boundary and the water 20 feet or less above
the high water mark and at intervals of 500 feet or less along
the shoreline.
(c) A certification by the commissioner or the director, or
a certification filed with the commissioner or director by a
conservation officer, refuge supervisor, or other authorized
officer or employee, stating that the required notices have been
posted is prima facie evidence of the posting. [99.25 s. 7]
Subd. 8. [MODIFICATION OR ABANDONMENT.] A state game
refuge may be vacated or modified by order of the commissioner.
The commissioner may not vacate or modify boundaries of a state
game refuge established under subdivision 4 until the
requirements of a petition, notice, and hearing have been
complied with to vacate or modify the boundaries. [99.25 s. 8]
Sec. 17. [97A.091] [HUNTING ON GAME REFUGES.]
Subdivision 1. [HUNTING AND POSSESSION OF
FIREARMS.] Except as provided in subdivision 2, a person may not
take a wild animal, except fish, within a state game refuge. A
person may not carry a firearm within a refuge unless the
firearm is unloaded and contained in a case, or unloaded and
broken down. [99.26 s. 1]
Subd. 2. [WHEN HUNTING ALLOWED.] (a) The commissioner may
allow hunting of a protected wild animal species within any
portion of a state game refuge, including a state park, during
the next regular open season. Hunting in a refuge may only be
allowed if the commissioner finds:
(1) the population of the species exceeds the refuge's
carrying capacity;
(2) the species is causing substantial damage to
agricultural or forest crops in the vicinity;
(3) the species or other protected wild animals are
threatened by the species population; or
(4) a harvestable surplus of the species exists.
(b) The commissioner may prescribe rules for any hunting
allowed within a refuge. [99.26 s. 2]
Subd. 3. [TRAP OR TARGET SHOOTING.] The commissioner may
issue special permits, without fee, to the owner or lessee of
privately owned land within the boundaries of a state game
refuge for trap or target shooting. [98.48 s. 8]
Sec. 18. [97A.095] [WATERFOWL PROTECTED AREAS.]
Subdivision 1. [MIGRATORY WATERFOWL REFUGES.] The
commissioner shall designate by order any part of a state game
refuge as a migratory waterfowl refuge if there is presented to
the commissioner a petition signed by ten resident licensed
hunters describing an area that is primarily a migratory
waterfowl refuge. The commissioner shall post the area as a
migratory waterfowl refuge. A person may not enter a posted
migratory waterfowl refuge during the open migratory waterfowl
season unless accompanied by a conservation officer or game
refuge manager. [99.26 s. 4]
Subd. 2. [WATERFOWL FEEDING AND RESTING AREAS.] The
commissioner may, by order designate any part of up to 13 lakes
as a migratory feeding and resting area. Before designation,
the commissioner must receive a petition signed by at least ten
resident licensed hunters describing the area of the lake that
is a substantial feeding and resting ground for migratory
waterfowl, and find that the statements in the petition are
correct, and that adequate, free public access to the lake
exists near the designated area. The commissioner shall post
the area as a migratory waterfowl feeding and resting area. A
person may not enter a posted migratory waterfowl feeding and
resting area during the open migratory waterfowl season with
watercraft or aircraft propelled by a motor. [99.26 s. 5]
Subd. 3. [HUNTING ON MUSKRAT LAKE.] The commissioner may
prohibit migratory waterfowl hunting on Muskrat Lake in Beltrami
county by posting accordingly. [99.26 s. 5]
Sec. 19. [97A.101] [PUBLIC WATER RESERVES AND MANAGEMENT
DESIGNATION.]
Subdivision 1. [RESERVES.] The commissioner may designate
and reserve public waters of the state to propagate and protect
wild animals. [97.48 s. 11]
Subd. 2. [MANAGEMENT DESIGNATION.] (a) The commissioner
may designate, reserve, and manage public waters for wildlife
after giving notice and holding a public hearing. The hearing
must be held in the county where the major portion of the waters
are located. Notice of the hearing must be published in a legal
newspaper within each county where the waters are located at
least seven days before the hearing.
(b) The commissioner may contract with riparian owners for
water projects under section 105.39, subdivision 5, and may
acquire land, accept local funding, and construct, maintain, and
operate structures to control water levels under section 105.48
to manage designated waters. [97.48 s. 11]
Subd. 3. [FISHING MAY NOT BE RESTRICTED.] Seasons or
methods of taking fish may not be restricted under this
section. [97.48 s. 11]
Sec. 20. [97A.105] [GAME AND FUR FARMS.]
Subdivision 1. [LICENSE REQUIREMENTS.] A person may breed
and propagate fur-bearing animals, game birds, bear, or deer
only on privately owned or leased land and after obtaining a
license. "Privately owned or leased land" includes waters that
are shallow or marshy, are not actually navigable, and are not
of substantial beneficial public use. Before an application for
a license is considered, the applicant must enclose the area to
sufficiently confine the animals to be raised in a manner
approved by the commissioner. A license may be granted only if
the commissioner finds the application is made in good faith
with intention to actually carry on the business described in
the application and the commissioner determines that the
facilities are adequate for the business. [99.27 s. 1, 4]
Subd. 2. [TRANSFER OF LICENSE.] (a) A game or fur farm
license is transferable with the transfer of all or a portion of
the title or leasehold of the land if:
(1) the land transferred complies with the license
requirements;
(2) the land is used for the purposes of the license; and
(3) a verified written report of the existing and intended
land use is made to the commissioner, accompanied by a copy of
deed, assignment, lease, or other instrument transferring the
corresponding title or leasehold in the enclosed land.
(b) A transfer of less than the whole interest in the
license is not valid. Each bona fide partner or associate in
the ownership or operation of a game or fur farm must obtain a
separate license. [99.27 s. 3, 4]
Subd. 3. [OWNERSHIP OF WILD ANIMALS.] All wild animals and
their offspring, of the species identified in the license, that
are within the enclosure are the property of the game and fur
farm licensee. [99.27 s. 2]
Subd. 4. [SALE OF LIVE ANIMALS.] A sale of live animals
from a licensed fur or game farm is not valid unless the animals
are delivered to the purchaser or they are identified and kept
separately. The sale agreement or contract must be in writing.
The licensee must notify a purchaser of the death of an animal
within 30 days and of the number of increase before July 20 of
each year. [99.27 s. 6]
Subd. 5. [SALE OF PELTS.] The commissioner shall prescribe:
(1) the manner that pelts and products of wild animals
raised on fur or game farms may be sold or transported; and
(2) the tags or seals to be affixed to the pelts and
products. [99.27 s. 7]
Subd. 6. [FOX AND MINK.] Fox and mink may not be bought or
sold for breeding or propagating unless they have been pen-bred
for at least two generations. [99.27 s. 5]
Subd. 7. [TRANSPORTATION OF LIVE BEAVER.] Live beaver may
not be transported without a permit from the commissioner.
[99.27 s. 5]
Subd. 8. [PENALTY.] A licensee that does not comply with a
provision of this section subjects all wild animals on the game
or fur farm to confiscation. [99.27 s. 7]
Sec. 21. [97A.111] [MUSKRAT FARMS.]
Subdivision 1. [APPLICATION FOR A LICENSE.] An owner of
suitable land may operate a muskrat farm for breeding, raising,
trapping, and dealing in muskrats in accordance with this
section. A person may apply for a muskrat farm license by
filing with the commissioner a signed statement describing the
land, title, and number of acres where the farm is to be
located. [99.28 s. 1, 2]
Subd. 2. [ISSUANCE OF LICENSE.] (a) The commissioner shall
investigate the application filed and may require the applicant
to produce evidence of the facts stated. The commissioner shall
issue a muskrat farm license to an applicant if the commissioner
determines that:
(1) the applicant is the owner of the land;
(2) the applicant intends to establish and operate a
muskrat farm; and
(3) the establishment of a muskrat farm in the proposed
area will conserve the natural resources.
(b) The license must describe the land and certify that the
licensee is entitled to use the land to breed, raise, trap, and
trade muskrats. The license expires on December 31 each year
but may be renewed annually at the discretion of the
commissioner upon payment of the license fee. [99.28 s. 3, 7]
Subd. 3. [OWNERSHIP, TAKING, SALE, AND TRANSPORTATION.] A
licensee is the owner of all muskrats on the licensed muskrat
farm. The licensee may take and trap the muskrats at any time
and in any manner, except by firearm or spear. Muskrats taken
for pelting purposes may only be trapped under a permit issued
by the commissioner. The licensee may sell and transport the
muskrats or their pelts from the muskrat farm at any time. The
pelts must be be tagged as prescribed by the commissioner. The
commissioner shall furnish tags to the licensee at cost. The
tags must be numbered to identify the muskrat farm license.
[99.28 s. 4, 11]
Subd. 4. [POSTING NOTICE.] Within 30 days after a muskrat
farm license is issued, the licensee must post and maintain
notices on posts, stakes, or enclosures on the boundary of the
farm at intervals of not more than 70 feet. The notices stating
the existence of a muskrat farm must be furnished by the
commissioner to the licensee for 12 cents each. [99.28 s. 6]
Subd. 5. [ALTERATION OF BOUNDARIES.] The licensee may not
alter the boundaries of the muskrat farm without consent of the
commissioner. [99.28 s. 12]
Subd. 6. [ILLEGAL TAKING.] An unauthorized person who
takes muskrats from a muskrat farm is liable to the licensee for
$25 and all damages. An action for the trespass and taking must
be brought by the licensee. [99.28 s. 8]
Subd. 7. [ANNUAL REPORT.] By March 1 of each year, the
licensee must submit a signed report to the commissioner
covering the preceding calendar year. The report must be
completed on a form furnished by the commissioner stating the
license number, the number and value of muskrats killed,
transported, and sold from the muskrat farm, and other
information required by the commissioner. [99.28 s. 9]
Sec. 22. [97A.115] [ESTABLISHMENT OF PRIVATE SHOOTING
PRESERVES.]
Subdivision 1. [LICENSES; RULES.] A person must be
licensed to operate a private shooting preserve. The
commissioner may issue a license for a privately owned and
operated shooting preserve if the commissioner determines that
it is in the public interest. The commissioner may make rules
to implement this section and section 23. [100.32]
Subd. 2. [GAME AVAILABLE.] Game that may be released and
hunted in a licensed shooting preserve must be specified in the
license and is limited to pheasant, quail, chukar partridge,
turkey, mallard duck, black duck, and other species designated
by the commissioner. These game birds must be pen hatched and
raised. [100.33, 100.35 s. 2]
Subd. 3. [SIZE OF PRESERVE.] A private shooting preserve
must be at least 100 but not more than 1,000 contiguous acres,
including any water area. A preserve limited to duck hunting
may be a minimum of 50 contiguous acres including water area.
[100.34 s. 3]
Subd. 4. [POSTING OF BOUNDARIES.] The boundaries of a
private shooting preserve must be clearly posted in a manner
prescribed by the commissioner. [100.34 s. 4]
Subd. 5. [REVOCATION OF LICENSE.] The commissioner may
revoke a private shooting preserve license if the licensee or
persons authorized to hunt in the preserve have been convicted
of a violation under this section or section 23. After
revocation, a new license may be issued in the discretion of the
commissioner. [100.37]
Sec. 23. [97A.121] [HUNTING IN PRIVATE SHOOTING
PRESERVES.]
Subdivision 1. [HUNTER'S LICENSE.] A person hunting in a
private shooting preserve must have the licenses required by law
for the hunting of game birds. A nonresident may obtain a
special private shooting preserve license that is valid for the
entire preserve season for the same fee as a resident small game
hunting license. [100.35 s. 3]
Subd. 2. [SEASON.] The season for hunting in private
shooting preserves is from September 1 through March 31. The
commissioner may restrict the season after receiving a
complaint, holding a public hearing, and finding that the
population of wild game birds is in danger by hunting in the
preserve. [100.36]
Subd. 3. [OPERATOR MAY ESTABLISH RESTRICTIONS.] A private
shooting preserve licensee may determine who is allowed to hunt
in the preserve. In each preserve the licensee may establish
the charge for taking game, the shooting hours, the season,
limitations, and restrictions on the age, sex, and number of
each species that may be taken by a hunter. These provisions
may not conflict with this section or section 22 and may not be
less restrictive than any rule or order. [100.35 s. 4]
Subd. 4. [LIMITS AND MARKING OF GAME BIRDS.] The
commissioner shall prescribe the minimum number of each
authorized species that may be released and the percentage of
each species that may be taken. The commissioner shall
prescribe methods for identifying birds to be released. [100.35
s. 7]
Subd. 5. [MARKING HARVESTED GAME.] Harvested game, except
ducks that are marked in accordance with regulations of the
United States fish and wildlife service, must be tagged with a
self-sealing tag, identifying the private shooting preserve.
The commissioner shall issue the tags at a cost of 15 cents
each. The tag must remain attached on the bird until the bird
is actually prepared for consumption. [100.35 s. 5]
Subd. 6. [RECORDKEEPING.] A private shooting preserve
licensee must maintain a registration book listing the names,
addresses, and hunting license numbers of all hunters, the date
when they hunted, the amount and species of game taken, and the
tag numbers affixed to each bird. A record must be kept of the
number of each species raised and purchased and the date and
number of each species released. The records must be open to
inspection by the commissioner at all reasonable times. [100.35
s. 6]
Sec. 24. [97A.125] [WILDLIFE HABITAT ON PRIVATE LAND.]
The commissioner may enter into agreements with landowners
to develop or improve wildlife habitat on private land and
provide financial, technical, and professional assistance and
material. [97.48 s. 27]
Sec. 25. [97A.131] [GAME FARMS AND HATCHERIES.]
The commissioner may acquire property by gift, lease,
purchase, or condemnation and may construct, maintain, operate,
and alter facilities for game farms and hatcheries. [97.48 s.
12]
Sec. 26. [97A.135] [ACQUISITION OF WILDLIFE LANDS.]
Subdivision 1. [PUBLIC HUNTING AND WILDLIFE AREAS.] (a)
The commissioner or the commissioner of administration shall
acquire and improve land for public hunting, game refuges, and
food and cover planting. The land may be acquired by a gift,
lease, easement, or condemnation. At least two-thirds of the
total area acquired in a county must be open to public hunting.
The commissioner may designate land acquired under this
subdivision a wildlife management area for the purposes of the
outdoor recreation system. [97.48 s. 13]
(b) The commissioner of administration may transfer money
to the commissioner for acquiring wetlands to qualify for
Pittman-Robertson funds. The transferred money is
reappropriated to the commissioner for the wetland acquisition.
[97.48 s. 28]
Subd. 2. [DISPOSAL OF UNSUITABLE HUNTING AREAS.] The
commissioner shall sell or exchange land acquired for public
hunting that is unnecessary or unsuitable. The land may not be
sold for less than its purchase price. The land may be
exchanged for land of equal value that adds to existing public
hunting areas. The sales and exchanges must be approved by the
executive council. [97.48 s. 14]
Sec. 27. [97A.141] [PUBLIC WATER ACCESS SITES.]
Subdivision 1. [ACQUISITION; GENERALLY.] The commissioner
shall acquire access sites adjacent to public waters and
easements and rights-of-way necessary to connect the access
sites with public highways. The land may be acquired by gift,
lease, or purchase, or by condemnation with approval of the
executive council. An access site may not exceed seven acres
and may only be acquired where access is inadequate. [97.48 s.
15]
Subd. 2. [ACQUISITION; LIMITATIONS.] Access sites may not
be acquired under this section adjacent to public waters that
are unmeandered or completely surrounded by land owned and
maintained for the purpose of an educational or religious
institution. Access sites adjacent to public waters that
contain less than 200 acres within the meander lines may not be
acquired by condemnation and may only be acquired if:
(1) the public water contains at least 150 acres within the
meander lines; or
(2) the public waters are to be managed intensively for
fishing. [97.48 s. 15]
Subd. 3. [MAINTENANCE.] The commissioner shall maintain
the sites, easements, and rights-of-way acquired under this
section. The commissioner may make an agreement for the
maintenance of the site easements and rights-of-way with a
county board if the connecting public highway is a county
state-aid highway or county highway, or the town board if the
connecting highway is a town road. The county board and town
board may spend money from its road and bridge funds for
maintenance under the agreement. [97.48 s. 15]
Sec. 28. [97A.145] [WETLANDS FOR WILDLIFE.]
Subdivision 1. [ACQUISITION; GENERALLY.] (a) The
commissioner or the commissioner of administration may acquire
wetlands and bordering areas, including marshes, ponds, small
lakes, and stream bottoms for water conservation relating to
wildlife development. The lands that are acquired may be
developed for wildlife, recreation, and public hunting. The
wetlands may be acquired by gift, lease, purchase, or exchange
of state lands.
(b) The commissioner may also acquire land owned by the
state and tax-forfeited land that is suitable for wildlife
development. The wetlands may not be acquired unless public
access by right-of-way or easement from a public road is also
acquired or available. In acquiring wetlands under this section
the commissioner shall assign highest priority to type 3 and 4
wetlands, as defined in United States Fish and Wildlife Service
Circular No. 39 (1971 edition), that are public waters. Lands
purchased or leased under this section may not be used to
produce crops unless needed for wildlife. The commissioner may
designate land acquired under this section as a wildlife
management area for purposes of the outdoor recreation system.
[97.48 s. 28; 97.481 s. 1]
Subd. 2. [ACQUISITION PROCEDURE.] (a) Lands purchased or
leased under this section must be acquired in accordance with
this subdivision.
(b) The commissioner must notify the county board and the
town officers where the land is located and furnish them a
description of the land to be acquired. The county board must
approve or disapprove the proposed acquisition within 90 days
after being notified. The commissioner may extend the time up
to 30 days. The soil and water conservation district
supervisors shall counsel the county board on drainage and flood
control and the best utilization and capability of the land.
(c) If the county board approves the acquisition within the
prescribed time, the commissioner may acquire the land.
(d) If the county board disapproves the acquisition, it
must state valid reasons. The commissioner may not purchase or
lease the land if the county board disapproves the acquisition
and states its reasons within the prescribed time period. The
landowner or the commissioner may appeal the disapproval to the
district court having jurisdiction where the land is located.
(e) The commissioner or the owner of the land may submit
the proposed acquisition to the land exchange board if: (1) the
county board does not give reason for disapproval, or does not
approve or disapprove the acquisition within the prescribed time
period; or (2) the court finds that the disapproval is arbitrary
and capricious, or that the reasons stated for disapproval are
invalid.
(f) The land exchange board must conduct a hearing and make
a decision on the acquisition within 60 days after receiving the
proposal. The land exchange board must give notice of the
hearing to the county board, the commissioner, the landowner,
and other interested parties. The land exchange board must
consider the interests of the county, the state, and the
landowner in determining whether the acquisition is in the
public interest. If a majority of the land exchange board
members approves the acquisition, the commissioner may acquire
the land. If a majority disapproves, the commissioner may not
purchase or lease the land. [97.481 s. 2]
Subd. 3. [MANAGEMENT.] If a drainage outlet is petitioned
and drainage proceedings are conducted under the drainage code,
chapter 106A, the commissioner should not interfere with or
unnecessarily delay the proceedings. [97.481 s. 1]
Sec. 29. [97A.151] [LEECH LAKE INDIAN RESERVATION
AGREEMENT.]
Subdivision 1. [PURPOSE.] The purpose of this section is
to give recognition and effect to the rights of the Leech Lake
Band of Chippewa Indians that are preserved by federal treaty
relating to hunting, fishing, and trapping, and to the gathering
of wild rice on the Leech Lake Indian reservation. These rights
have been recognized and given effect by the decision of the
United States District Court in the following entitled actions:
Leech Lake Band of Chippewa Indians, et al v. Robert L. Herbst,
No. 3-69 Civ. 65; and United States of America v. State of
Minnesota, No. 3-70 Civ. 228. The state of Minnesota desires to
settle all outstanding issues and claims relating to the above
rights. [97.431 s. 1]
Subd. 2. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Band" means the Leech Lake Band of Chippewa Indians.
(b) "Committee" means the reservation business committee of
the Leech Lake Band of Chippewa Indians.
(c) "Reservation" means the Leech Lake Indian reservation
described in the settlement agreement.
(d) "Settlement agreement" means the document entitled
"Agreement and Settlement" on file and of record in the United
States District Court for the District of Minnesota, Third
Division, in the following entitled actions: Leech Lake Band of
Chippewa Indians, et al v. Robert L. Herbst, No. 3-69 Civ. 65;
and United States of America v. State of Minnesota, No. 3-70
Civ. 228. [97.431 s. 2]
Subd. 3. [RATIFICATION OF SETTLEMENT AGREEMENT.]
Notwithstanding the provisions of any other law to the contrary,
the state of Minnesota by this section ratifies and affirms the
agreement set forth in the settlement agreement. [97.431 s. 3]
Subd. 4. [COMMISSIONER'S POWERS AND DUTIES.] (a)
Notwithstanding the provisions of any other law to the contrary,
the commissioner, on behalf of the state of Minnesota, shall
take all actions, by order or otherwise, necessary to carry out
the duties and obligations of the state of Minnesota arising
from the agreement entered into by the parties to the settlement
agreement.
(b) These actions include but are not limited to the
following:
(1) the implementation of the exemption of members of the
band and other members of the Minnesota Chippewa tribe from
state laws relating to hunting, fishing, trapping, the taking of
minnows and other bait, and the gathering of wild rice within
the reservation, together with exemption from related possession
and transportation laws, to the extent necessary to effectuate
the terms of the settlement agreement;
(2) the establishment of a system of special licenses and
related license fees for persons who are not members of the
Minnesota Chippewa tribe for the privilege of hunting, fishing,
trapping, or taking minnows and other bait within the
reservation. All money collected by the commissioner for
special licenses shall be deposited in the state treasury and
credited to the Leech Lake Band and White Earth Band special
license account, which is hereby created. All money in the
state treasury credited to the Leech Lake Band and White Earth
Band special license account, less any deductions for
administrative costs authorized by the terms of the settlement
agreement, is appropriated to the commissioner who shall remit
the money to the committee pursuant to the terms of the
settlement agreement;
(3) to the extent necessary to effectuate the terms of the
settlement agreement, the promulgation of rules for the
harvesting of wild rice within the reservation by non-Indians;
(4) to the extent necessary to effectuate the terms of the
settlement agreement, the establishment of policies and
procedures for the enforcement by conservation officers of the
conservation code adopted by the band; and
(5) the arbitration of disputes arising under the terms of
the settlement agreement. [97.431 s. 4]
Sec. 30. [97A.155] [AMENDMENTS TO LEECH LAKE INDIAN
RESERVATION AGREEMENT.]
Subdivision 1. [PAYMENT IN LIEU OF SPECIAL LICENSES.] The
commissioner may enter into an agreement with authorized
representatives of the Leech Lake Band of Chippewa Indians to
amend the settlement agreement adopted by section 29 by
providing that in lieu of the system of special licenses and
license fees for persons who are not members of the Minnesota
Chippewa tribe for the privilege of hunting, fishing, trapping,
or taking minnows and other bait within the reservation, five
percent of the proceeds from all licenses sold in the state for
hunting, fishing, trapping, and taking minnows and other bait
shall be credited to the special license account established by
section 29. The funds shall be remitted to the Leech Lake Band
in the manner and subject to the terms and conditions that may
be mutually agreed upon. [97.433 s. 2]
Subd. 2. [PAYMENT IN LIEU OF MIGRATORY WATERFOWL STAMP
FEE.] The commissioner may enter into an agreement with the
reservation business committee of the Leech Lake Indian
Reservation to amend the settlement agreement adopted in section
29 by providing that in lieu of collecting an additional fee in
connection with the state migratory waterfowl stamp for the
privilege of hunting waterfowl on the Leech Lake Indian
Reservation five percent of the proceeds from the sale of state
migratory waterfowl stamps shall be credited to the special
license account established by section 29. The funds shall be
remitted to the Leech Lake reservation business committee in the
manner and subject to the terms and conditions provided in
section 29. [97.432]
Sec. 31. [97A.161] [AGREEMENT WITH WHITE EARTH INDIANS.]
The commissioner may enter into an agreement with
authorized representatives of the White Earth Band of Chippewa
Indians on substantially the same terms as the agreement adopted
by section 29 and amended under section 30; except that the
agreement shall provide that 2-1/2 percent of the proceeds from
all licenses sold in the state for hunting, fishing, trapping,
and taking of minnows and other bait shall be credited to the
special license account established by section 29. The funds
shall be remitted to the White Earth Band in the manner and
subject to the terms and conditions that may be mutually agreed
upon. An agreement negotiated under this section shall be for a
term of at least four years following the date of its
execution. [97.433 s. 1]
Sec. 32. [97A.165] [SOURCE OF PAYMENTS FOR INDIAN
AGREEMENT.]
Money to make payments to the Leech Lake Band and White
Earth Band special license account under sections 94.16 and
section 29, subdivision 4, is annually appropriated for that
purpose in a ratio of 60 percent from the game and fish fund and
40 percent from the general fund. [97.433 s. 3]
ENFORCEMENT
Sec. 33. [97A.201] [ENFORCEMENT.]
Subdivision 1. [ENFORCEMENT BY THE COMMISSIONER.] The
commissioner shall execute and enforce the laws relating to wild
animals. The commissioner may delegate execution and
enforcement of the wild animal laws to the director, game refuge
managers, and conservation officers. [84.083, 97.48 s. 7]
Subd. 2. [DUTY OF COUNTY ATTORNEYS AND PEACE
OFFICERS.] County attorneys and all peace officers must enforce
the game and fish laws. [97.52 s. 1]
Sec. 34. [97A.205] [ENFORCEMENT OFFICER POWERS.]
An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes
relating to wild animals, wild rice, public waters, water
pollution, conservation, and use of water, in the same manner as
a constable or sheriff; [97.50 s. 1]
(2) enter any land to carry out the duties and functions of
the division; [97.50 s. 2]
(3) make investigations of violations of the game and fish
laws; [97.50 s. 2]
(4) take an affidavit, if it aids an investigation; [97.50
s. 2]
(5) arrest, without a warrant, a person that is detected in
the actual violation of the game and fish laws, a provision of
chapters 84A, 85, 86A, 88 to 106A, 361, and sections 18.341 to
18.436; 609.66, subdivision 1, clauses (1), (2), (5), and (7);
and 609.68; and [97.50 s. 1]
(6) take an arrested person before a court in the county
where the offense was committed and make a complaint. [97.50 s.
1]
Sec. 35. [97A.211] [ARREST PROCEDURES.]
Subdivision 1. [NOTICE TO APPEAR IN COURT.] (a) A person
must be given notice to appear in court for a misdemeanor
violation of the game and fish laws, chapters 84, 105, or 106,
or section 609.68 if:
(1) the person is arrested and is released from custody
prior to appearing before a court; or
(2) the person is subject to a lawful arrest and is not
arrested because it reasonably appears to the enforcement
officer that arrest is unnecessary to prevent further criminal
conduct and that there is a substantial likelihood that the
person will respond to a notice.
(b) The enforcement officer shall prepare, in
quadruplicate, a written notice to appear in court. The notice
must be in the form and has the effect of a summons and
complaint. The notice must contain the name and address of the
person charged, the offense, and the time and the place to
appear in court. The court must have jurisdiction within the
county where the offense is alleged to have been committed.
[97.50 s. 1]
Subd. 2. [RELEASE AFTER ARREST.] A person arrested for a
misdemeanor violation of the game and fish laws, chapters 84,
105, or 106 or section 609.68 may obtain release by signing the
written notice prepared by the arresting officer promising to
appear in court. The officer shall deliver a copy marked
"SUMMONS" to the person arrested. The officer must then release
the person from custody. [97.50 s. 1]
Subd. 3. [COURT APPEARANCE.] On or before the court
appearance date, the enforcement officer must deliver the
summons and complaint to the court. If the person summoned
fails to appear in court on the day specified, the court shall
issue a warrant for the person's arrest. [97.50 s. 1]
Sec. 36. [97A.215] [INSPECTIONS.]
Subdivision 1. [STORAGE OF WILD ANIMALS.] (a) An
enforcement officer may enter and inspect any commercial cold
storage warehouse, hotel, restaurant, ice house, locker plant,
butcher shop, and other building used to store dressed meat,
game, or fish, to determine whether wild animals are kept and
stored in compliance with the game and fish laws.
(b) When an enforcement officer has probable cause to
believe that wild animals taken or possessed in violation of the
game and fish laws are present, the officer may:
(1) enter and inspect any place or vehicle; and
(2) open and inspect any package or container. [97.45 s.
14; 97.50 s. 3]
Subd. 2. [RECORDS.] An enforcement officer may inspect the
relevant records of any person that the officer has probable
cause to believe has violated the game and fish laws. [97.50 s.
3]
Subd. 3. [LICENSED ACTIVITY.] An enforcement officer may,
at reasonable times:
(1) enter and inspect the premises of an activity requiring
a license under the game and fish laws; and [97.50 s. 4]
(2) stop and inspect a motor vehicle requiring a license
under the game and fish laws. [97.50 s. 9]
Sec. 37. [97A.221] [CONFISCATION OF PROPERTY.]
Subdivision 1. [PROPERTY SUBJECT TO CONFISCATION.] (a) An
enforcement officer may confiscate:
(1) wild animals, wild rice, and other aquatic vegetation
taken, bought, sold, transported, or possessed in violation of
the game and fish laws or chapter 84; and
(2) firearms, bows and arrows, nets, boats, lines, poles,
fishing rods and tackle, lights, lanterns, snares, traps,
spears, dark houses, fish houses, and wild rice harvesting
equipment used, with the owner's knowledge to unlawfully take or
transport wild animals, wild rice, or other aquatic vegetation.
(b) An enforcement officer must confiscate nets and
equipment unlawfully possessed within 10 miles of Lake of the
Woods or Rainy Lake.
(c) Confiscated property may be disposed of, retained for
use by the division, or sold at the highest price obtainable as
prescribed by the commissioner. [97.50 s. 5, 102.26 s. 5]
Subd. 2. [CONFISCATION OF COMMINGLED SHIPMENTS.] A whole
shipment or parcel is contraband if two or more wild animals are
shipped or possessed in the same container, vehicle, or room, or
in any way commingled, and any of the animals are contraband.
Confiscation of any part of a shipment includes the entire
shipment. [97.46]
Sec. 38. [97A.225] [SEIZURE AND CONFISCATION OF MOTOR
VEHICLES AND BOATS.]
Subdivision 1. [SEIZURE.] (a) An enforcement officer must
seize all motor vehicles used to:
(1) shine wild animals in violation of article 2, section
17, subdivision 1;
(2) transport big game animals illegally taken or
fur-bearing animals illegally purchased; or
(3) transport minnows in violation of article 3, sections
46, 49, or 51.
(b) An enforcement officer must seize all boats and motors
used in netting fish on Lake of the Woods, Rainy Lake, Lake
Superior, Namakan Lake, and Sand Point Lake in violation of
licensing or operating requirements of section 68, subdivisions
31, 32, 33, or 37, or article 3, sections 65, 66, or 67, or an
order or rule of the commissioner relating to these provisions.
[97.50 s. 6]
Subd. 2. [PROCEDURE FOR CONFISCATION OF PROPERTY SEIZED.]
The enforcement officer must hold the seized property, subject
to the order of the court having jurisdiction where the offense
was committed. The property held is confiscated when the
commissioner complies with this section and the person from whom
it was seized is convicted of the offense. [97.50 s. 6]
Subd. 3. [COMPLAINT AGAINST PROPERTY.] The commissioner
shall file with the court a separate complaint against the
property held. The complaint must identify the property,
describe its use in the violation, and specify the time and
place of the violation. A copy of the complaint must be served
upon the defendant or the owner of the property. [97.50 s. 6]
Subd. 4. [RELEASE OF PROPERTY AFTER POSTING BOND.] At any
time after seizure of the property specified in this section,
the property must be returned to the owner or person having the
legal right to possession upon execution of a valid bond to the
state with a corporate surety. The bond must be approved by a
judge of the court of jurisdiction, conditioned to abide by an
order and judgment of the court and to pay the full value of the
property at the time of seizure. The bond must be for $100 or
for a greater amount not more than twice the value of the
property seized. [97.50 s. 6]
Subd. 5. [COURT ORDER.] (a) If the person arrested is
acquitted, the court shall dismiss the complaint against the
property and order it returned to the person legally entitled to
it.
(b) Upon conviction of the person, the court shall issue an
order directed to any person that may have any right, title, or
interest in, or lien upon, the seized property. The order must
describe the property and state that it was seized and that a
complaint against it has been filed. The order shall require a
person claiming right, title, or interest in, or lien upon, the
property to file with the clerk of court an answer to the
complaint, stating the claim, within ten days after the service
of the order. The order shall contain a notice that if the
person fails to file an answer within the time limit, the
property may be ordered sold by the commissioner.
(c) The court order must be served upon any person known or
believed to have any right, title, interest, or lien in the same
manner as provided for service of a summons in a civil action,
and upon unknown persons by publication, in the same manner as
provided for publication of a summons in a civil action. [97.50
s. 6]
Subd. 6. [COURT ORDERED SALE AFTER NO ANSWER.] If an
answer is not filed within the time provided in subdivision 5,
the court administrator shall notify the court and the court
shall order the commissioner to sell the property. The net
proceeds of the sale shall be deposited in the state treasury
and credited to the game and fish fund. [97.50 s. 6]
Subd. 7. [HEARING AFTER ANSWER.] If an answer is filed
within the time provided in subdivision 5, the court shall
schedule a hearing within ten to 30 days after the time expired
for filing the answer. The court, without a jury, shall
determine whether any of the property was used in a violation
specified in the complaint and whether the owner had knowledge
or reason to believe that the property was being used, or
intended to be used, in the violation. The court shall order
the commissioner to sell the property that was unlawfully used
with knowledge of the owner and to return to the owner property
that was not unlawfully used with the knowledge of the owner.
If the property is to be sold, the court shall determine the
priority of liens against the property and whether the
lienholders had knowledge that the property was being used or
was intended to be used. Lienholders that had knowledge of the
property's use in the violation are not to be paid. The court
order must state the priority of the liens to be paid. [97.50 s.
6]
Subd. 8. [PROCEEDS OF SALE.] After determining the expense
of seizing, keeping, and selling the property, the commissioner
must pay the liens from the proceeds according to the court
order. The remaining proceeds shall be deposited in the state
treasury and credited to the game and fish fund. [97.50 s. 6]
Subd. 9. [CANCELLATION OF SECURITY INTERESTS.] A sale under
this section cancels all liens on and security interests in the
property sold. [97.50 s. 6]
Sec. 39. [97A.231] [SEARCH WARRANTS.]
Upon complaint establishing that the complainant has
probable cause to believe that a wild animal taken, bought,
sold, transported, or possessed in violation of the game and
fish laws, or contraband is concealed or illegally kept in a
place, a judge, authorized to issue warrants in criminal cases,
may issue a search warrant. The judge may direct that the place
be entered, broken open, and examined. Property seized under
the warrant shall be safely kept under the direction of the
court so long as necessary for the purpose of being used as
evidence in a trial and subsequently disposed of as otherwise
provided. [97.50 s.7]
Sec. 40. [97A.235] [JURISDICTION OVER BOUNDARY WATERS.]
Courts in counties having jurisdiction adjacent to boundary
waters and enforcement officers have jurisdiction over the
entire boundary waters. The courts and enforcement officers of
North Dakota, South Dakota, Iowa, Wisconsin, and Michigan have
concurrent jurisdiction over boundary waters. [97.50 s. 8]
Sec. 41. [97A.241] [RECIPROCITY WITH OTHER STATES IN
APPOINTING OFFICERS.]
Subdivision 1. [OFFICERS OF OTHER JURISDICTIONS AS SPECIAL
CONSERVATION OFFICERS.] With approval of the proper authority of
another state or the United States, the commissioner may appoint
any salaried and bonded officer of that jurisdiction authorized
to enforce its wild animal laws a special conservation officer
of this state. A special conservation officer is subject to the
supervision and control of and serves at the pleasure of the
commissioner, but may not be compensated by this state. A
special conservation officer has powers of and is subject to the
liabilities of conservation officers of this state, except as
otherwise directed by the commissioner. [97.501 s. 2]
Subd. 2. [OFFICERS OF THIS STATE AS OFFICERS OF OTHER
JURISDICTIONS.] An enforcement officer or peace officer of this
state may enforce wild animal laws of another state, or the
United States, under conditions prescribed by the commissioner.
The officer may serve under the laws of another jurisdiction to
the extent they are compatible with the duties of an officer of
this state. [97.501 s. 3]
Subd. 3. [RECIPROCAL EFFECT.] This section is effective
with respect to another state or the United States to the extent
that there is a similar provision in effect in that jurisdiction
with respect to this state. [97.501 s. 1]
Sec. 42. [97A.245] [REWARDS.]
The commissioner may pay rewards for information leading to
the conviction of a person that has violated a provision of laws
relating to wild animals or threatened or endangered species of
wildlife. A reward may not exceed $500, except a reward for
information relating to big game or threatened or endangered
species of wildlife, may be up to $1,000. The rewards may only
be paid from funds donated to the commissioner for these
purposes and may not be paid to salaried conservation officers
or peace officers. [97.51]
Sec. 43. [97A.251] [OBSTRUCTION OF OFFICERS.]
Subdivision 1. [UNLAWFUL CONDUCT.] A person may not:
(1) intentionally hinder, resist, or obstruct an
enforcement officer, agent, or employee of the division in the
performance of official duties;
(2) refuse to submit to inspection of firearms while in the
field, licenses, or wild animals; or
(3) refuse to allow inspection of a motor vehicle, boat, or
other conveyance used while taking or transporting wild
animals. [97.52 s. 2]
Subd. 2. [CIVIL ACTIONS.] In addition to criminal
prosecution, the state may bring a civil action to recover
damages resulting from and enjoin the continuance of a violation
of this section. The civil actions may be brought by the
attorney general on the request of the commissioner. [97.52 s.
3]
Sec. 44. [97A.255] [PROSECUTIONS.]
Subdivision 1. [STATUTE OF LIMITATIONS.] A prosecution
under the game and fish laws may not be brought more than three
years after commission of the offense. [97.54 s. 1]
Subd. 2. [BURDEN OF PROOF.] In a prosecution that alleges
animals have been taken, bought, sold, transported, or possessed
in violation of the game and fish laws, the burden of
establishing that the animals were domesticated, reared in a
private preserve, raised in a private fish hatchery, taken for
scientific purposes, or lawfully taken outside of this state, is
on the defendant. [97.54 s. 2]
Subd. 3. [PRESUMPTION OF ILLEGAL TAKING.] Possession of
protected wild animals more than five days after the close of
the season, or in excess of the prescribed limits is presumptive
evidence that the animals were unlawfully taken, except as to
those tagged, sealed, or identified under the game and fish
laws. [97.54 s. 3]
Subd. 4. [EACH VIOLATION A SEPARATE OFFENSE.] Each wild
animal unlawfully taken, bought, sold, transported, or possessed
is a separate offense. If acquitted, a person may not be
prosecuted for a similar offense involving another animal in the
same incident. [97.55 s. 1]
PENALTIES
Sec. 45. [97A.301] [GENERAL PENALTY PROVISIONS.]
Subdivision 1. [MISDEMEANOR.] Unless a different penalty
is prescribed, a person is guilty of a misdemeanor if that
person:
(1) takes, buys, sells, transports or possesses a wild
animal in violation of the game and fish laws;
(2) aids or assists in committing the violation;
(3) knowingly shares in the proceeds of the violation;
(4) fails to perform a duty or comply with a requirement of
the game and fish laws;
(5) knowingly makes a false statement related to an
affidavit regarding a violation of the game and fish laws; or
(6) violates or attempts to violate an order or rule under
the game and fish laws. [97.55 s. 1, 2, 3, 4, 11]
Subd. 2. [GROSS MISDEMEANOR.] Unless a different penalty
is prescribed, a person convicted of violating a provision of
the game and fish laws that is defined as a gross misdemeanor is
subject to a fine of not less than $100 nor more than $3,000 and
imprisonment in the county jail for not less than 90 days or
more than one year. [97.55 s. 5]
Sec. 46. [97A.305] [IMPERSONATION OF AN ENFORCEMENT
OFFICER.]
A person that purports to be acting in an official capacity
and causes another to be injured or defrauded while falsely
impersonating an enforcement officer or other officer acting
under authority of the game and fish laws, or falsely claiming
to have special authority under those laws, is guilty of a gross
misdemeanor. [97.55 s. 6]
Sec. 47. [97A.311] [LICENSES.]
Subdivision 1. [ALTERATION OF A LICENSE.] A person that
alters a license in a material manner is guilty of a
misdemeanor. [97.55 s. 12]
Subd. 2. [FALSE STATEMENT.] A person that knowingly makes
a false statement related to an application for a license, a
license, or certificate, required by or issued under the game
and fish laws, is guilty of a misdemeanor. [97.48 s. 22; 97.55
s. 11]
Subd. 3. [LICENSE AGENT VIOLATIONS.] A license agent that
knowingly issues a license to an ineligible person or predates a
license is guilty of a misdemeanor. [97.55 s. 11]
Subd. 4. [SUSPENSION OF LICENSE.] In addition to other
penalties, a license agent that violates a law, rule, or order
of the commissioner relating to license sales, handling, or
accounting forfeits the right to sell and handle licenses for a
period of one year. [98.50 s. 7]
Sec. 48. [97A.315] [TRESPASS.]
Subdivision 1. [CRIMINAL PENALTIES.] (a) A person that
violates a provision of article 2, section 1, relating to
trespass is guilty of a misdemeanor except as provided in
paragraph (b).
(b) A person is guilty of a gross misdemeanor if the person:
(1) knowingly disregards signs prohibiting trespass;
(2) trespasses after personally being notified by the
landowner or lessee not to trespass; or
(3) is convicted of violating this section more than once
in a three-year period. [100.273 s. 9]
Subd. 2. [LICENSE REVOCATIONS.] (a) If a person convicted
under subdivision 1 of trespassing while exercising or
attempting to exercise an activity licensed under the game and
fish laws or requiring snowmobile registration under section
84.82, the applicable license and registration are null and
void. [100.273 s. 9]
(b) A person convicted of a gross misdemeanor under
subdivision 1, paragraph (b), may not be issued a license to
take game for two years after the conviction. [100.273 s. 9]
Sec. 49. [97A.321] [DOGS PURSUING OR KILLING BIG GAME.]
The owner of a dog that kills or pursues a big game animal
is guilty of a petty misdemeanor and is subject to a civil
penalty of up to $500 for each violation. [100.29 s. 19]
Sec. 50. [97A.325] [PENALTIES FOR UNLAWFULLY BUYING OR
SELLING WILD ANIMALS.]
Subdivision 1. [GROSS MISDEMEANOR FOR SALES OF $300 OR
MORE.] (a) A person that buys or sells protected wild animals in
violation of the game and fish laws where the sales total $300
or more is guilty of a gross misdemeanor. The person is subject
to the penalty in section 45, subdivision 2, except that the
fine is not less than $3,000 or more than $10,000.
(b) Licenses possessed by a person convicted under this
subdivision are null and void and the person may not take wild
animals for three years after the conviction. [97.55 s. 16]
Subd. 2. [DEER; MOOSE; ELK; CARIBOU.] Except as provided
in subdivision 1, a person that violates a provision of the game
and fish laws relating to buying or selling deer, moose, elk, or
caribou is guilty of a gross misdemeanor. [97.55 s. 8, 9;
100.29 s. 11]
Subd. 3. [SMALL GAME AND GAME FISH.] Except as provided in
subdivision 1, a person that buys or sells small game or game
fish in violation of the game and fish laws where the sales
total $50 or more is guilty of a gross misdemeanor. [97.55 s.
15]
Subd. 4. [FUR-BEARING ANIMALS.] Except as provided in
subdivision 1, a person that buys fur-bearing animals in
violation of the game and fish laws is guilty of a gross
misdemeanor. [100.29 s. 11; 97.55 s. 9]
Sec. 51. [97A.331] [PENALTIES RELATED TO HUNTING.]
Subdivision 1. [HUNTING WHILE INTOXICATED OR USING
NARCOTIC DRUGS.] A person that violates a provision relating to
hunting while visibly intoxicated or under the influence of a
narcotic drug under article 2, section 14, is guilty of a gross
misdemeanor. [97.55 s. 10]
Subd. 2. [SHINING.] A person that violates article 2,
section 17, relating to the use of an artificial light to locate
wild animals while in possession of a firearm, bow, or other
implement capable of killing big game is guilty of a gross
misdemeanor. [97.55 s. 9]
Subd. 3. [TRANSPORTING ILLEGAL BIG GAME.] A person that
knowingly transports big game taken in violation of the game and
fish laws is guilty of a gross misdemeanor. [97.55 s. 9]
Subd. 4. [TAKING AND POSSESSING BIG GAME OUT OF SEASON.] A
person that takes or illegally possesses big game during the
closed season is guilty of a gross misdemeanor. [97.55 s. 9]
Subd. 5. [MOOSE; ELK; CARIBOU.] A person that unlawfully
takes, transports, or possesses moose, elk, or caribou in
violation of the game and fish laws is guilty of a gross
misdemeanor. [97.55 s. 8]
Subd. 6. [PINE MARTEN; OTTER; FISHER; WOLVERINE.] A person
that takes, transports, or possesses pine marten, otter, fisher,
or wolverine in violation of the game and fish laws is guilty of
a gross misdemeanor. [97.55 s. 8]
Sec. 52. [97A.335] [PENALTIES RELATED TO FISHING.]
Subdivision 1. [TAKING FISH WITH ILLEGAL DEVICES OR
SUBSTANCES.] A person that takes fish with devices, chemicals or
substances in violation of article 3, section 27, is guilty of a
gross misdemeanor. [97.55 s. 14]
Subd. 2. [ILLEGALLY TAKING OR POSSESSING MUSKELLUNGE.] A
person who takes or possesses a muskellunge in violation of the
game and fish laws is guilty of a misdemeanor and subject to a
fine of up to $1,000. [97.55 s. 17]
LICENSES AND PERMITS
Sec. 53. [97A.401] [SPECIAL PERMITS.]
Subdivision 1. [COMMISSIONER'S AUTHORITY.] The
commissioner may issue special permits for the activities in
this section. [98.48]
Subd. 2. [ZOOLOGICAL SPECIMEN COLLECTING.] Special permits
may be issued without a fee to municipalities, incorporated
natural history societies, high schools, colleges, and
universities that maintain a zoological collection, to collect
specimens of eggs, nests, and wild animals for scientific or
exhibition purposes. [98.48 s. 1]
Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD
ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in
paragraph (b), special permits may be issued without a fee to
take, possess, and transport wild animals as pets and for
scientific, educational, and exhibition purposes. The
commissioner shall prescribe the conditions for taking,
possessing, transporting, and disposing of the wild animals.
(b) A special permit may not be issued to take or possess
wild or native deer for exhibition or propagation.
(c) The commissioner shall establish criteria for issuing
special permits for persons to possess wild and native deer as
pets. [98.48 s. 3]
Subd. 4. [TAKING WILD ANIMALS FROM GAME REFUGES AND
WILDLIFE MANAGEMENT AREAS.] Special permits may be issued, with
or without a fee, to take a wild animal from game refuges,
wildlife management areas, and state parks. [98.48 s. 4]
Subd. 5. [WILD ANIMALS DAMAGING PROPERTY.] Special permits
may be issued with or without a fee to take protected wild
animals that are damaging property. A special permit issued
under this subdivision to take beaver must state the number to
be taken. [98.48 s. 5]
Subd. 6. [ENDANGERED MUSKRATS.] Special permits may be
issued with or without a fee to take muskrats in danger of
freezing out or starving in the winter. [98.48 s. 6]
Sec. 54. [97A.405] [LICENSE REQUIREMENTS.]
Subdivision 1. [PROTECTED WILD ANIMALS.] Unless allowed
under the game and fish laws, a person may not take, buy, sell,
transport, or possess protected wild animals of this state
without a license. [98.45 s. 1; 98.46 s. 24]
Subd. 2. [PERSONAL POSSESSION.] A person to whom a license
is issued must have the license in personal possession while
acting under the license and while traveling to and from the
area where the licensed activity is performed. If possession of
a license is required, a person must exhibit the proper license
when requested by a conservation officer or peace officer. A
receipt for license fees, a copy of a license, or evidence
showing the issuance of a license does not entitle a licensee to
exercise the rights or privileges conferred by a license.
[98.45 s. 2]
Subd. 3. [DUPLICATE LICENSES.] The commissioner shall
prescribe rules for issuing duplicate licenses to persons whose
licenses are lost or destroyed. A duplicate license may not be
issued unless the applicant takes an oath covering the facts of
loss or destruction of the license. [98.50 s. 6]
Sec. 55. [97A.411] [VALIDITY OF LICENSES.]
Subdivision 1. [LICENSE PERIOD.] A license is valid during
the lawful time within the license year that the licensed
activity may be performed. A license year begins on the first
day of March and ends on the last day of February. [97.4841 s.
3; 97.4842 s. 2; 97.4843 s. 2; 98.45 s. 1]
Subd. 2. [SIGNATURE ON STAMPS.] A stamp issued under the
game and fish laws must be signed by the licensee across the
front of the stamp to be valid. [97.4841 s. 2; 97.4842 s. 1;
97.4843 s. 2]
Subd. 3. [ARCHERY DEER LICENSE.] A license to take deer by
archery issued after the opening of the archery deer season is
not valid until the fifth day after it is issued. [98.45 s. 1]
Sec. 56. [97A.415] [LICENSE RESTRICTIONS.]
Subdivision 1. [ONE LICENSE PER PERSON.] Only one license
of each kind may be issued to a person in a license year, except
the nonresident short term angling license, unless authorized by
commissioner's order. [98.45 s. 1]
Subd. 2. [TRANSFER PROHIBITED.] A person may not lend,
transfer, borrow, or solicit a license, application for a
license, coupon, tag, or seal, or use a license, coupon, tag, or
seal not issued to the person unless otherwise expressly
authorized. [98.45 s. 1, 3, 100.271 s. 5]
Subd. 3. [NONRESIDENTS.] Nonresidents may not obtain a
license for an activity unless the activity is expressly
authorized for nonresidents. [98.45 s. 4, 5]
Sec. 57. [97A.421] [VALIDITY AND ISSUANCE OF LICENSES
AFTER CONVICTION.]
Subdivision 1. [GENERAL.] (a) The license of a person
convicted of a violation of the game and fish laws relating to
the license or wild animals covered by the license is void when:
[98.52 s. 1]
(1) a second conviction occurs within three years under a
license to take small game or to take fish by angling or
spearing;
(2) a third conviction occurs within one year under a
minnow dealer's license; or
(3) the conviction occurs under a license not described in
clauses (1) or (2). [98.52 s. 1, 2]
(b) Except as provided in this section, and for one year
after the conviction, the person may not obtain that kind of
license.
Subd. 2. [ISSUANCE OF LICENSE AFTER CONVICTION FOR BUYING
AND SELLING WILD ANIMALS.] A person may not obtain a license to
take any wild animal for a period of three years after being
convicted of buying or selling game fish, big game, or small
game, and the total amount of the sale is $300 or more. [98.52
s. 6]
Subd. 3. [ISSUANCE OF A BIG GAME LICENSE AFTER
CONVICTION.] A person may not obtain any big game license for
three years after the person is convicted of:
(1) a gross misdemeanor violation under the game and fish
laws relating to big game;
(2) doing an act without a required big game license; or
(3) the second violation within three years under the game
and fish laws relating to big game. [98.52 s. 1]
Subd. 4. [ISSUANCE AFTER INTOXICATION OR NARCOTICS
CONVICTION.] A person convicted of a violation under article 2,
section 14, relating to hunting while intoxicated or using
narcotics, may not obtain a license to hunt with a firearm or by
archery for five years after conviction. [98.52 s. 4]
Subd. 5. [COMMISSIONER MAY REINSTATE CERTAIN LICENSES
AFTER CONVICTION.] If the commissioner determines that the
public welfare will not be injured, the commissioner may
reinstate licenses voided under subdivision 1 and issue licenses
to persons ineligible under subdivision 2. The commissioner's
authority applies only to licenses to:
(1) maintain and operate fur or game farms or private fish
hatcheries;
(2) take fish commercially in Lake of the Woods, Rainy
Lake, Namakan Lake, or Lake Superior;
(3) buy fish from Lake of the Woods, Rainy Lake, Namakan
Lake, or Lake Superior commercial fishing licensees; and
(4) sell live minnows. [98.52 s. 3]
Subd. 6. [APPLICABILITY TO MOOSE LICENSES.] In this
section the term "license" includes an application for a license
to take moose. [98.50 s. 9]
Sec. 58. [97A.425] [RECORD AND REPORTING REQUIREMENTS FOR
DEALERS, TANNERS, AND TAXIDERMISTS.]
Subdivision 1. [REQUIREMENT.] A person required to have a
license under the game and fish laws to buy or sell wild
animals, to tan or dress raw furs, or to mount specimens of wild
animals, must keep complete records in a book of all
transactions and activities covered by the license and submit
reports to the commissioner. [98.51 s. 2]
Subd. 2. [RECORDS.] (a) The records must show:
(1) the names and addresses of persons from whom wild
animals were obtained and to whom they were transferred;
(2) the dates of receipt, shipment, and sale of wild
animals;
(3) detailed descriptions of the number and type of wild
animals purchased, sold, and shipped;
(4) serial numbers of seals, tags, or permits required to
be attached to the wild animals; and
(5) trapping license numbers for protected fur-bearing
animals, unless the trapper is exempt from the license
requirement, which must be noted.
(b) A licensed fur dealer, buying for one employer at the
employer's place of business is not required to keep separate
records if the employer notifies the commissioner in writing
that the employer will account for the fur dealer.
(c) The records required under this section must be
available for inspection by the commissioner, the director, or
their agents at all reasonable times. The records must be
preserved and available for two years after the expiration of a
license that required them. [98.51 s. 2]
Subd. 3. [REPORTS.] An annual notarized report covering
the preceding calendar year must be submitted to the
commissioner by January 15. The commissioner may require other
reports for statistical purposes. The reports must be on forms
supplied by the commissioner. [98.51 s. 3]
Sec. 59. [97A.431] [MOOSE LICENSES.]
Subdivision 1. [NUMBER OF LICENSES.] The commissioner
shall include in an order setting the dates for a moose season
the number of licenses to be issued. [100.271 s. 1]
Subd. 2. [ELIGIBILITY.] Persons eligible for a moose
license shall be determined under this section and
commissioner's order. A person is eligible for a moose license
only if the person:
(1) is a resident;
(2) is at least age 16 before the season opens; and
(3) has not been issued a moose license for any of the last
five seasons. [100.271 s. 3, 3a]
Subd. 3. [APPLICATION FOR LICENSE.] An application for a
moose license must be on a form provided by the commissioner and
accompanied by a $1 application fee. A person may not make more
than one application for each season. If a person makes more
than one application, the person is ineligible for a license for
that season after determination by the commissioner, without a
hearing. [100.271 s. 2, 4]
Subd. 4. [SEPARATE SELECTION; ELIGIBILITY.] The
commissioner may conduct a separate selection for up to 20
percent of the moose licenses to be issued for an area. Only
owners of, and tenants living on, at least 160 acres of
agricultural or grazing land in the area are eligible for the
separate selection. Persons that are unsuccessful in a separate
selection must be included in the selection for the remaining
licenses. [100.271 s. 1]
Sec. 60. [97A.435] [TURKEY LICENSES; APPLICATION AND
ELIGIBILITY.]
Subdivision 1. [NUMBER OF LICENSES TO BE ISSUED.] The
commissioner shall include in an order setting the dates for a
turkey season the number of licenses to be issued. [100.271 s.
1]
Subd. 2. [ELIGIBILITY.] Persons eligible for a turkey
license shall be determined by this section and commissioner's
order. A person is eligible for a turkey license only if the
person is a resident and at least age 16 before the season
opens. [100.271 s. 3]
Subd. 3. [APPLICATION FOR LICENSE.] An application for a
turkey license must be on a form provided by the commissioner
and accompanied by a $3 application fee. A person may not make
more than one application for each season. If a person makes
more than one application the person is ineligible for a license
for that season after determination by the commissioner, without
a hearing. [100.271 s. 2, 4]
Subd. 4. [SEPARATE SELECTION OF ELIGIBLE LICENSEES.] The
commissioner may conduct a separate selection for up to 20
percent of the turkey licenses to be issued for any area. Only
persons that are owners or tenants of and that live on at least
40 acres of agricultural or grazing land in the area are
eligible applicants for turkey licenses for the separate
selection. Persons that are unsuccessful in a separate
selection must be included in the selection for the remaining
licenses. Persons that obtain a license in a separate selection
must allow public turkey hunting on their land during that
turkey season. [100.271 s. 1]
Sec. 61. [97A.441] [LICENSES TO BE ISSUED WITHOUT A FEE.]
Subdivision 1. [ANGLING AND SPEARING; DISABLED RESIDENTS.]
Licenses to take fish by angling or spearing shall be issued
without a fee to a resident that is:
(1) blind;
(2) a recipient of supplemental security income for the
aged, blind, and disabled;
(3) a recipient of social security aid to the disabled
under United States Code, title 42, section 416, paragraph
(i)(l) or section 423(d); or
(4) is a recipient of workers' compensation based on a
finding of total and permanent disability. [98.47 s. 8]
Subd. 2. [ANGLING; FOREIGN EXCHANGE STUDENTS.] A license
to take fish by angling shall be issued without a fee to a
citizen of a foreign country that is attending school in this
state as an exchange student. [98.47 s. 11]
Subd. 3. [ANGLING; RESIDENTS OF STATE INSTITUTIONS.] The
commissioner may issue a license, without a fee, to take fish by
angling to a person that is a ward of the commissioner of human
services and a resident of a state institution upon application
by the commissioner of human services. [98.47 s. 13]
Subd. 4. [ANGLING; MENTALLY RETARDED RESIDENTS.] A person
authorized to issue licenses must issue, without a fee, a
permanent license to take fish by angling to a resident at least
16 years old that is mentally retarded upon being furnished
satisfactory evidence of the disability. [98.47 s. 15]
Subd. 5. [ANGLING; DISABLED VETERANS.] A person authorized
to issue licenses must issue, without a fee, a permanent license
to take fish by angling to a resident that is a veteran, as
defined in section 197.447, and that has a 100 percent service
connected disability as defined by the United States Veterans
Administration upon being furnished satisfactory evidence.
[98.47 s. 16]
Subd. 6. [TAKING DEER; DISABLED VETERANS.] A person
authorized to issue licenses must issue, without a fee, a
license to take deer with firearms or by archery to a resident
that is a veteran, as defined in section 197.447, and that has a
100 percent service connected disability as defined by the
United States Veterans Administration upon being furnished
satisfactory evidence. [98.47 s.18]
Sec. 62. [97A.445] [EXEMPTIONS FROM LICENSE REQUIREMENT.]
Subdivision 1. [ANGLING; TAKE A KID FISHING WEEKEND.] A
resident over age 18 may take fish by angling without a license
during the second Saturday and Sunday of the angling season if
accompanied by a child who is under age 16. The commissioner
shall publicize the Saturday and Sunday as "Take a Kid Fishing
Weekend." [98.45 s. 9]
Subd. 2. [ANGLING; INSTITUTIONAL RESIDENTS.] A license is
not required to take fish by angling with the written consent of
the superintendent or chief executive of the institution for the
following persons:
(1) a resident of a state hospital;
(2) a patient of a United States Veteran's Administration
hospital; and
(3) an inmate of a state correctional facility. [98.47 s.
12]
Subd. 3. [ANGLING AND SPEARING; DISABLED RAILROAD AND
POSTAL RETIREES.] A license is not required to take fish by
angling or spearing for a resident that is:
(1) receiving aid under the federal Railroad Retirement Act
of 1937, 45 United States Code Annotated, section 228b(a)5; or
(2) a former employee of the United States Postal Service
receiving disability pay under United States Code Annotated,
title 5, section 8337. [98.47 s. 17]
Sec. 63. [97A.451] [LICENSE REQUIREMENTS AND EXEMPTIONS
RELATING TO AGE.]
Subdivision 1. [RESIDENTS OVER AGE 65; FISHING.] A
resident age 65 or over may take fish by angling or spearing
without a license if the resident has a valid driver's license,
Minnesota identification card, or other document showing age and
residency in possession while taking fish and while traveling to
and from the location where fish are taken. The person must
exhibit the proof of age at the request of a conservation
officer or peace officer. [97.4842 s. 1, 98.45 s. 2, 98.47 s.
1]
Subd. 2. [RESIDENTS UNDER AGE 16; FISHING.] A resident
under the age of 16 years may take fish without a license.
[97.4842 s. 1; 98.47 s. 1]
Subd. 3. [PERSONS UNDER AGE 16; SMALL GAME.] (a) A person
under age 16 may not obtain a small game license but may take
small game by firearms or bow and arrow without a license if the
person is a resident:
(1) age 14 or 15 and possesses a firearms safety
certificate;
(2) age 13, possesses a firearms safety certificate, and is
accompanied by a parent or guardian; or
(3) age 12 or under and is accompanied by a parent or
guardian. [98.47 s. 1]
(b) A resident under age 16 may take small game by trapping
without a small game license, but a resident over age 13 must
have a trapping license. A resident under age 14 may trap
without a trapping license.
Subd. 4. [PERSONS UNDER AGE 16; BIG GAME.] A person under
the age of 16 may not obtain a license to take big game unless
the person possesses a firearms safety certificate. A person
under the age of 14 must be accompanied by a parent or guardian
to hunt big game. [98.47 s. 1]
Subd. 5. [NONRESIDENTS UNDER AGE 16; FISHING WITH
PARENTS.] A nonresident under the age of 16 may take fish by
angling without a license if a parent or guardian has a
nonresident fishing license. Fish taken by a nonresident under
the age of 16 without a license must be included in the limit of
the parent or guardian. [97.45 s. 6, 98.47 s. 1]
Subd. 6. [NONRESIDENTS UNDER AGE 16 ATTENDING CAMPS;
FISHING.] A nonresident under the age of 16 that is attending a
camp conducted by a nonprofit organization may take fish by
angling in adjacent and connected public waters without a
license. The organization must have a certificate from the
commissioner that describes the public waters where the fishing
is allowed. The nonresident must possess a document, prescribed
by the commissioner, for identification of the nonresident and
the authorized fishing waters. The document must be signed and
dated within the current calendar year by the person in charge
of the camp. [98.47 s. 1]
Sec. 64. [97A.455] [NONRESIDENT STUDENTS; FISHING AND
SMALL GAME.]
A nonresident that is a full-time student at an educational
institution in the state and resides in the state during the
school year may obtain a resident license to take fish or small
game by providing proof of student status as prescribed by the
commissioner. [98.45 s. 7]
Sec. 65. [97A.461] [NONRESIDENT LICENSES FOR BOUNDARY
WATER HUNTING OR FISHING.]
Licenses to take fish or small game in or on boundary
waters may be granted to nonresidents upon the same terms and
conditions as licenses granted by the adjacent state or province
to nonresidents of the adjacent state or province for those
boundary waters. The fees for a license granted by this state
may not be less than the fees for a corresponding resident
license. [98.47 s. 5]
Sec. 66. [97A.465] [MILITARY PERSONNEL; FISHING AND
HUNTING.]
Subdivision 1. [RESIDENTS ON LEAVE.] A resident that is in
the armed forces of the United States, stationed outside of the
state, and in the state on leave, may hunt and fish without a
license if the resident possesses official military leave papers.
The resident must obtain the seals, tags, and coupons required
of a licensee, which must be furnished without charge. This
subdivision does not apply to the taking of moose. [98.47 s. 2]
Subd. 2. [CAMP RIPLEY PERSONNEL.] A nonresident who is in
the military and in training at Camp Ripley may obtain a
resident license to take fish. [98.47 s. 3a]
Subd. 3. [NONRESIDENTS STATIONED IN THE STATE.] The
commissioner may issue a resident license to take fish or game
to a person in the armed forces of the United States that is
stationed in the state. This subdivision does not apply to the
taking of moose. [98.47 s. 3]
Subd. 4. [DISCHARGED RESIDENT; OBTAINING DEER LICENSE
DURING SEASON.] Notwithstanding section 69, subdivision 9, a
resident that is discharged from the United States armed forces
during, or within ten days before, the firearms deer season may,
upon showing the official discharge paper, obtain a firearm deer
license during the season. [98.45 s. 1]
Sec. 67. [97A.471] [NONRESIDENT COURTESY LICENSES.]
Subdivision 1. [GAME AND FISH OFFICERS OF OTHER
JURISDICTIONS.] The commissioner may issue a courtesy
nonresident license to take game or fish without charge to a
game and fish or conservation employee of another state or of
the United States that is in the state to assist or cooperate
with the commissioner. [98.47 s. 4]
Subd. 2. [GUESTS OF THE GOVERNOR OR COMMISSIONER.] The
commissioner may issue a nonresident courtesy license to take
game or fish without charge to an official of another state, the
United States, or foreign country and to a representative of a
conservation organization or publication that is in the state as
a guest of the governor or commissioner. [98.47 s. 4]
Subd. 3. [NONAPPLICABILITY TO MOOSE HUNTING.] This section
does not apply to taking moose. [98.47 s. 4]
Sec. 68. [97A.475] [LICENSE FEES.]
Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license
shall be issued when the requirements of the law are met and the
license fee specified in this section is paid. [98.46 s. 1]
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons under age 65 to take small game, $7;
(2) for persons age 65 or over, $3.50;
(3) to take turkey, $10;
(4) to take deer with firearms, $15;
(5) to take deer by archery, $15;
(6) to take moose, for a party of not more than four
persons, $200; and
(7) to take bear, $25. [98.45 s. 8, 98.46 s. 2]
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $46;
(2) to take deer with firearms, $100;
(3) to take deer by archery, $100;
(4) to take bear, $150;
(5) to take turkey, $30; and
(6) to take raccoon, bobcat, fox, coyote, or lynx, $100.
[98.46 s. 14]
Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take
small game must be increased by a surcharge of $4. An
additional commission may not be assessed on the surcharge and
this must be stated on the back of the license with the
following statement: "This $4 surcharge is being paid by
hunters for the acquisition and development of wildlife lands."
[97.482 s. 1]
Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
are:
(1) migratory waterfowl stamp, $5; and
(2) pheasant stamp, $5. [97.4841 s. 3, 98.4843 s. 3]
Subd. 6. [RESIDENT FISHING.] Fees for the following
licenses to be issued to residents only are:
(1) to take fish by angling, $6.50;
(2) to take fish by angling, for a combined license for a
married couple, $10.50; and
(3) to take fish by spearing from a dark house, $7.50.
[98.46 s. 2, 5]
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, shall be
(1) to take fish by angling, $16;
(2) to take fish by angling limited to seven consecutive
days, $13
(3) to take fish by angling for three days, $10; and
(4) to take fish by angling for a combined license for a
family, $27.50. [98.46 s. 15]
Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
issue Minnesota sporting licenses to residents only. The
licensee may take fish by angling and small game. The fee for
the license is:
(1) for an individual, $12; and
(2) for a combined license for a married couple to take
fish and for one spouse to take small game, $16. [98.46 s. 2a]
Subd. 9. [FISHING SURCHARGE.] The fees for the following
licenses must be increased by a surcharge of $2.50:
(1) resident angling, under subdivision 6, clauses (1) and
(2);
(2) nonresident angling, under subdivision 7;
(3) Minnesota sporting, under subdivision 8;
(4) nonresident fish houses, under subdivision 12; and
(5) to net fish for domestic use, under subdivision 13.
[97.86 s. 1]
Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout
and salmon stamp is $5. [97.4842 s. 2]
Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees
for the following licenses are:
(1) for a fish house or dark house that is not rented, $5;
and
(2) for a fish house or dark house that is rented, $15.
[98.46 s. 5]
Subd. 12. [FISH HOUSES; NONRESIDENT.] The fee for a fish
house license for a nonresident is $15. [98.46 s. 15]
Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
CONSUMPTION.] The fee for a license to net whitefish and ciscoes
in inland lakes and international waters for personal
consumption is, for each net, $3. [98.46 s. 5]
Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]
The fee for a license to take rough fish for domestic use with a
set line, in the Minnesota and Mississippi rivers is $13.
[98.46 s. 9]
Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a
license to operate a charter boat and guide anglers on Lake
Superior is:
(1) for a resident, $25;
(2) for a nonresident, $100; or
(3) if another state charges a Minnesota resident a fee
greater than $100 for a Lake Superior fishing guide license in
that state, the nonresident fee for a resident of that state is
that greater fee. [98.457]
Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the
following resident guide licenses are:
(1) to guide bear hunters, $75; and
(2) to guide turkey hunters, $20. [98.46 s. 4]
Subd. 17. [NONRESIDENT BEAR GUIDES.] The fee for a license
to guide bear hunters for a nonresident is $400. [98.46 s. 16]
Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting
preserve license is $75. [100.35 s. 1]
Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist
license, to be issued for a three-year period to residents only
is:
(1) for persons age 18 and older, $40; and
(2) for persons under age 18, $25. [98.46 s. 5]
Subd. 20. [TRAPPING LICENSE.] The fee for a license to
trap fur-bearing animals is:
(1) for persons over age 13 and under age 18, $3.50; and
(2) for persons age 18 and older, $13. [98.46 s. 4]
Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee
for a license for a resident to buy and sell raw furs is $100.
(b) The fee for a supplemental license to buy and sell furs
is $50. [98.46 s. 4]
Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee
for a license for a nonresident to buy and sell raw furs is
$500. [98.46 s. 16]
Subd. 23. [RAW FUR TANNING.] The fee for a license to tan
and dress raw furs to be issued to residents and nonresidents is
$15. [98.46 s. 19(3)]
Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur
farm license is $15. [98.46 s. 5]
Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm
license is $10. [99.28 s. 5]
Subd. 26. [MINNOW DEALERS.] The fees for the following
licenses are:
(1) minnow dealer, $70;
(2) minnow dealer's helper, $5;
(3) minnow dealer's vehicle, $10;
(4) exporting minnow dealer, $250; and
(5) exporting minnow dealer's vehicle, $10. [98.46 s. 5]
Subd. 27. [MINNOW RETAILERS.] The fees for the following
licenses, to be issued to residents and nonresidents, are:
(1) minnow retailer, $10; and
(2) minnow retailer's vehicle, $10. [98.46 s. 17]
Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
following licenses, to be issued to nonresidents, are:
(1) exporting minnow hauler, $525; and
(2) exporting minnow hauler's vehicle, $10. [98.46 s. 5]
Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the
following licenses to be issued to residents and nonresidents
are:
(1) for a private fish hatchery, with annual sales under
$200, $25;
(2) for a private fish hatchery, with annual sales of $200
or more, $50; and
(3) To take sucker eggs from public waters for a private
fish hatchery, $150, plus $3 for each quart in excess of 100
quarts. [98.46 s. 17]
Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.]
The fee for a license to net commercial fish in inland waters,
to be issued to residents and nonresidents is $70, plus:
(1) for each hoop net pocket, 75 cents;
(2) for each 1,000 feet of seine, $15; and
(3) for each helper's license, $5. [98.46 s. 9a, 102.285 s.
1]
Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE
WOODS.] The fee for a license to commercially net fish in Lake
of the Woods is:
(1) for each pound net or staked trap net, $45;
(2) for each fyke net, $10, plus $5 for each two-foot
segment, or fraction, of the wings or lead in excess of four
feet in height;
(3) for each 100 feet of gill net, $2.50;
(4) for each submerged trap net, $15; and
(5) for each helper's license, $15. [98.46 s. 10]
Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The
fee for a license to commercially net fish in Rainy Lake is:
(1) for each pound net, $45;
(2) for each 100 feet of gill net, $2.50; and
(3) for each helper's license, $15. [98.46 s.11]
Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND
POINT LAKES.] The fee for a license to commercially net fish in
Namakan Lake and Sand Point Lake is:
(1) for each 100 feet of gill net, $1.50;
(2) for each pound, fyke, and submerged trap net, $15; and
(3) for each helper's license, $5. [98.46 s. 13]
Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN
THE MISSISSIPPI RIVER.] (a) The fee for a license to
commercially seine rough fish in the Mississippi river from St.
Anthony Falls to the St. Croix river junction is:
(1) for a seine not exceeding 500 feet, $25; or
(2) for a seine over 500 feet, $40, plus $2 for each 100
foot segment or fraction over 1,000 feet.
(b) The fee for each helper's license issued under
paragraph (a) is $5. [98.46 s. 8]
Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN
BOUNDARY WATERS.] The fee for a license to commercially seine
fish in the boundary waters between Wisconsin and Minnesota from
Taylors Falls to the Iowa border is:
(1) for a seine not exceeding 500 feet, $25; or
(2) for a seine over 500 feet, $40, plus $2.50 for each 100
feet over 1,000 feet; and
(3) for each helper's license to be issued to residents and
nonresidents, $5. [98.46 s. 6]
Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY
WATERS.] The fee for a license to commercially net in the
boundary waters between Wisconsin and Minnesota from Lake St.
Croix to the Iowa border is:
(1) for each gill net not exceeding 500 feet, $13;
(2) for each gill net over 500 feet, $25;
(3) for each fyke net and hoop net, $10;
(4) for each bait net, $1.50;
(5) for each turtle net, $1.50;
(6) for each set line identification tag, $13; and
(7) for each helper's license to be issued to residents and
nonresidents, $5. [98.46 s. 7]
Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]
The fee for a license to commercially net fish in Lake Superior
is:
(1) for each gill net, $70 plus $2 for each 1,000 feet over
1,000 feet;
(2) for a pound or trap net, $70 plus $2 for each
additional pound or trap net; and
(3) for each helper's license, $5. [98.46 s. 12a]
Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish
from commercial fishing licensees to be issued residents and
nonresidents are:
(1) for Lake Superior fish bought for sale to retailers,
$50;
(2) for Lake Superior fish bought for sale to consumers,
$10;
(3) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for sale to retailers, $100; and
(4) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for shipment only on international boundary
waters, $10. [98.46 s. 19]
Subd. 39. [FISH PACKER.] The fee for a license to prepare
dressed game fish for transportation or shipment is $13. [98.46
s. 5]
Subd. 40. [FISH VENDORS.] The fee for a license to use a
motor vehicle to sell fish is $25. [98.46 s. 19]
Subd. 41. [TURTLE SELLERS.] The fee for a license to take,
transport, purchase, and possess unprocessed turtles for sale is
$50. [98.46 s. 5]
Subd. 42. [FROG DEALERS.] The fee for the licenses to deal
in frogs that are to be used for purposes other than bait are:
(1) for a resident to purchase, possess, and transport
frogs, $70;
(2) for a nonresident to purchase, possess, and transport
frogs, $200; and
(3) for a resident to take, possess, transport, and sell
frogs, $10. [101.44]
Sec. 69. [97A.481] [LICENSE APPLICATIONS UNDER OATH.]
All information required on a license application form must
be furnished. The application must be made in writing and under
oath. A person authorized to issue licenses has the authority
to administer oaths to applicants, and a license may not be
issued without actually administering the oath. [98.49 s. 2]
Sec. 70. [97A.485] [ISSUANCE OF LICENSES.]
Subdivision 1. [COMMISSIONER.] The commissioner shall
issue and sell licenses. The commissioner shall furnish
licenses and applications to agents authorized to issue
licenses. [97.4841 s. 2; 97.4842 s. 1; 97.4843 s. 2; 98.49 s.
1; 98.50]
Subd. 2. [COUNTY AUDITORS TO SELL LICENSES.] County
auditors are agents of the commissioner for the issuance and
sale of licenses. The commissioner may require a county auditor
to provide a corporate surety bond in addition to the auditor's
official bond. [98.50 s. 1, 2]
Subd. 3. [APPOINTMENT OF SUBAGENTS.] A county auditor may
appoint residents to be subagents of the auditor within the
county or adjacent counties to issue and sell licenses. The
auditor shall notify the commissioner of the name and address of
a subagent when appointed. The appointment may be revoked by
the auditor at any time, and when directed by the commissioner,
the auditor must revoke the appointment. [98.50 s. 1, 5]
Subd. 4. [APPLICATION TO SELL LICENSES BY SUBAGENT.] To be
a subagent, a person must apply in writing to an appropriate
county auditor in a manner approved by the commissioner. The
auditor may require a subagent to provide a bond or pay for
licenses before furnishing the licenses. License application
forms may only be furnished to subagents in groups of ten or
more for resident licenses and five or more for nonresident
licenses. [98.50 s. 1, 5, 10]
Subd. 5. [COUNTY AUDITORS RESPONSIBLE FOR LICENSES AND
FEES.] (a) The county auditor is responsible for licenses and
fees received by the subagents, except in a county that has a
population over 150,000 and an area greater than 5,000 square
miles and in a county where the county auditor does not retain
fees paid for licenses. In these counties the responsibility
imposed on the county auditor is imposed on the county. [98.50
s. 1]
(b) The county auditor must promptly deposit all money
received from the sale of licenses with the county treasurer.
The auditor must promptly submit payments and required reports
as required by the commissioner. [98.50 s. 5]
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
Persons authorized to sell licenses under this section must sell
the following licenses for the license fee and the following
issuing fees:
(1) to take deer with firearms and by archery, the issuing
fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take bear and small game, to take fish by angling or
spearing, and to trap furbearing animals, the issuing fee is 75
cents.
(b) An issuing fee for a stamp may not be collected when a
stamp is issued simultaneously with the related small game,
fishing, or sporting license. Only one issuing fee may be
collected when selling more than one stamp in the same
transaction after the end of the season for which the stamp was
issued.
(c) The auditor or subagent shall keep the issuing fee as a
commission for selling the licenses. [98.501]
(d) The commissioner shall collect the issuing fee on
licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses. [98.50 s. 5]
Subd. 7. [COUNTY AUDITOR'S COMMISSION.] The county auditor
shall retain for the county treasury a commission of four
percent of all license fees collected by the auditor and the
auditor's subagents, excluding the small game surcharge and
issuing fees. In addition, the auditor shall collect the
issuing fees on licenses sold by the auditor to a licensee.
[98.50 s. 5]
Subd. 8. [REDEMPTION OF UNSOLD LICENSES.] The commissioner
must redeem unsold licenses submitted within the redemption time
prescribed by the commissioner. Licenses that are not submitted
for redemption within the prescribed time are considered to have
been sold and the auditor or county to whom the licenses were
furnished are accountable for them. A county auditor must
refund the license fees prepaid by the auditor's subagent for
unsold licenses submitted within a time period established by
the commissioner. [98.50 s. 5]
Subd. 9. [CERTAIN LICENSES NOT TO BE ISSUED AFTER SEASON
OPENS.] (a) The following licenses may not be issued after the
day before the opening of the related firearms season:
(1) to take deer with firearms or by archery; [98.45 s. 1]
(2) to guide bear hunters; and [98.455]
(3) to guide turkey hunters. [98.456]
(b) Paragraph (a) does not apply to deer licenses for
discharged military personnel under section 66, subdivision 4.
[98.45 s. 1]
(c) A nonresident license or tag to take and possess
raccoon, bobcat, Canada lynx, or fox may not be issued after the
fifth day of the open season. [98.46 s. 26]
Subd. 10. [RETURN OF UNSOLD DEER AND BEAR LICENSES.]
Subagents must return stubs and unsold licenses for the taking
of deer to the county auditor on the first business day after
the first day of the firearms deer season. Subagents must
return stubs and unsold licenses for guiding bear hunters to the
county auditor as prescribed by the commissioner. [98.45 s.1,
98.455]
Subd. 11. [RULES FOR ACCOUNTING AND PROCEDURES.] The
commissioner shall prescribe rules for the accounting and
procedural requirements necessary to assure the efficient
handling of licenses and license fees. The commissioner may, by
order, establish standards for the appointment and revocation of
subagents to assure the efficient distribution of licenses
throughout the state. [98.50 s. 2]
POSSESSION AND TRANSPORTATION OF WILD ANIMALS
Sec. 71. [97A.501] [WILD ANIMALS; GENERAL RESTRICTIONS.]
Subdivision 1. [GENERAL RESTRICTIONS.] A person may not
take, buy, sell, transport, or possess a protected wild animal
unless allowed by the game and fish laws. The ownership of all
wild animals is in the state, unless the wild animal has been
lawfully acquired under the game and fish laws. The ownership
of a wild animal that is lawfully acquired reverts to the state
if a law relating to sale, transportation, or possession of the
wild animal is violated. [97.43]
Subd. 2. [ENDANGERED SPECIES.] A person may not take,
import, transport, or sell an endangered species of wild animal,
or sell, or possess with intent to sell an article made from the
parts of a wild animal, except as provided in article 4, section
8. [97.488 s. 1]
Sec. 72. [97A.505] [POSSESSION OF WILD ANIMALS.]
Subdivision 1. [POSSESSION OUTSIDE OF THE SEASON
PROHIBITED.] A person may only possess a protected wild animal
during the open season and the following five days as prescribed
by law, unless otherwise allowed by law or authorized by the
commissioner. [97.44 s. 2]
Subd. 2. [POSSESSION OF UNLAWFUL ANIMALS BROUGHT INTO THE
STATE PROHIBITED.] A person may not possess a wild animal that
has been unlawfully taken, bought, sold, or possessed outside
the state, or unlawfully shipped into the state. [97.44 s. 1]
Subd. 3. [PERMIT TO BRING ANIMALS INTO STATE.] Wild
animals lawfully taken, bought, sold, or possessed outside the
state may be brought or shipped into the state:
(1) during the open season and the following five days; or
(2) after obtaining a permit from the commissioner. [97.44
s. 3]
Subd. 4. [STORAGE OF PROTECTED WILD ANIMALS.] A person
that stores protected wild animals must plainly mark the
package, in ink, with the name and address of the owner, the
license number of the person taking the animal, and the number
and species in the package. A person may not use a commercial
cold storage warehouse for protected wild animals, except
lawfully taken fish and furs. [97.44 s. 4]
Subd. 5. [LICENSE NOT REQUIRED FOR ANIMALS ACQUIRED BY
GIFT.] Protected wild animals may be transferred by gift. A
person is not required to have a license to possess and
transport protected wild animals acquired by gift. If wild
animals are transported out of the county where the recipient
resides, the recipient must:
(1) attach a tag marked in ink, with the name and address
of the owner and the license number of the person taking the
animals; or
(2) furnish an affidavit showing the name and address of
the donor. [97.44 s. 5]
Subd. 6. [BEAVER AND MUSKRAT PELTS; TAGS REQUIRED.] A
licensed tanner must attach a tag or seal prescribed by the
commissioner to each beaver or muskrat pelt or hide in
possession. [97.44 s. 7]
Subd. 7. [EXCEPTIONS TO THIS SECTION.] This section does
not apply to mounted specimens of wild animals, antlers, tanned
hides, and dressed furs lawfully taken. [97.44 s. 6]
Sec. 73. [97A.511] [FUR-BEARING ANIMALS.]
The skins of fur-bearing animals and the flesh of beaver,
muskrat, raccoon, rabbits and hares, legally taken and bearing
the required seals or tags required by the game and fish laws,
may be bought, sold, and transported at any time. The flesh of
beaver, raccoon, rabbits, and hare may not be transported out of
the state. [100.30]
Sec. 74. [97A.515] [PELTS, SKINS, AND HIDES TAKEN ON
INDIAN RESERVATIONS.]
The pelts, skins, and hides of protected wild animals taken
on an Indian reservation in this state, except the Fond du Lac
reservation, may be transported, sold, and disposed of as
prescribed by the commissioner. [100.303]
Sec. 75. [97A.521] [TRANSPORTATION OF WILD ANIMALS;
GENERALLY.]
Subdivision 1. [GENERAL AUTHORITY; RESIDENTS.] A resident
may transport wild animals to any place in the state if the
resident and the animals are in the same vehicle. [97.45 s. 3]
Subd. 2. [GENERAL AUTHORITY; NONRESIDENTS.] A nonresident
may transport wild animals taken in the state if the nonresident
and the animals are in the same vehicle. [97.45 s. 6, 7]
Subd. 3. [WILD ANIMALS IN CONTAINERS.] A person that
transports wild animals in a container must mark or identify the
container as prescribed under the game and fish laws or by
commissioner's order. [97.45 s. 1]
Subd. 4. [ANIMALS THAT MAY BE LAWFULLY SOLD.] During the
open season a person may transport a protected wild animal
within the state, and to a destination outside the state, if the
animal may be lawfully sold and the transportation is not
otherwise prohibited. [97.45 s. 2]
Subd. 5. [UNLAWFUL WILD ANIMALS PROHIBITED.] A person may
not transport wild animals taken, bought, sold, or possessed in
violation of the game and fish laws. [97.45 s. 1]
Sec. 76. [97A.525] [TRANSPORTATION OF WILD ANIMALS BY
COMMON CARRIER.]
Subdivision 1. [RESIDENTS.] A resident may transport wild
animals within the state by common carrier without being in the
vehicle if the resident has the license required to take the
animals and they are shipped to the resident. The wild animals
that may be transported by common carrier are:
(1) deer, bear, and moose;
(2) undressed game birds; and
(3) fish. [97.45 s. 4]
Subd. 2. [NONRESIDENTS.] A nonresident may transport wild
animals by common carrier without being in the vehicle if the
nonresident has the license required to take the animals and
they are shipped to the nonresident. [97.45 s. 6, 7]
Subd. 3. [EMPLOYEE OF CARRIER.] An employee of a carrier
may not transport wild animals as baggage while performing
duties for the carrier. [97.45 s. 3]
Subd. 4. [STATEMENT REQUIRED FOR PROTECTED WILD ANIMALS.]
A person that transports protected wild animals by common
carrier, including animals carried in baggage, must attach a
statement to each shipment. The statement must include the
name, address, and license number of the person shipping the
animals, the number and species of the animals in the shipment,
and the signature of the licensee. [97.45 s. 3, 12]
Subd. 5. [CARRIER MUST BE SHOWN SHIPPER'S LICENSE.] A
common carrier may not accept a shipment of big or small game
unless the carrier is shown the license of the shipper to take
the game. [97.45 s. 11]
Subd. 6. [WAYBILL MUST SPECIFY ANIMALS.] The waybill or
receipt issued by a common carrier to a shipper must specify the
number and species of wild animals being shipped. [97.45 s. 14]
Subd. 7. [ANIMALS IN POSSESSION OF SHIPPER.] Wild animals
that are transported by common carrier are considered to be in
the possession of the shipper. [97.45 s. 7(a), 10]
Sec. 77. [97A.531] [SHIPMENT OF WILD ANIMALS TAKEN IN
CANADA.]
A person may ship, within or out of the state, wild animals
lawfully taken and possessed in Canada and that have lawfully
entered the state. The shipment must have the shipping coupons
required for a shipment originating in the province where the
animals were taken. Fish that are lawfully taken and possessed
in Canada may be brought into the state for filleting and
packing and may be transported within the state or out of the
state. [97.45 s. 8]
Sec. 78. [97A.535] [POSSESSION AND TRANSPORTATION OF DEER,
BEAR, AND MOOSE.]
Subdivision 1. [TAGS REQUIRED.] A person may not possess
or transport deer, bear, or moose taken in the state unless a
tag is attached to the carcass in a manner prescribed by the
commissioner. The commissioner must prescribe the type of tag
that has the license number of the owner, the year of its issue,
and other information prescribed by the commissioner. The tag
must be attached to the deer, bear, or moose when:
(1) the animal is in a camp, or a place occupied overnight
or the yard surrounding the place; or
(2) the animal is on a motor vehicle. [98.46 s. 22]
Subd. 2. [DEER TAKEN BY ARCHERY AND MOOSE MUST HAVE
ADDITIONAL TAG.] Deer taken by archery and moose must be tagged
as prescribed by the commissioner, in addition to the tag
required in subdivision 1. [98.46 s. 22]
Subd. 3. [TRANSPORTATION PERIOD RESTRICTED.] A person may
transport one deer, one bear, or one moose during the open
season and the two days following the season, and afterwards as
prescribed by the commissioner. [97.45 s. 1, 7]
Subd. 4. [TRANSPORTATION BY PERSON OTHER THAN LICENSEE.] A
person other than the licensee may transport deer, bear, or
moose that the licensee has registered as prescribed by the
commissioner. The person must transport the animal by the most
direct route. A tag must be attached to the animal and marked
in ink with the address, license number, signature of the
licensee, and the locations from which and to which the animal
is being transported. [97.45 s. 4a]
Subd. 5. [HEADS, HIDES, AND CLAWS.] A resident that has a
license to take deer, bear, or moose may transport the head or
hide of the animal within or out of the state for mounting or
tanning. The hides of deer, bear, and moose, and the claws of
bear legally taken and with the tags that are required by this
section, may be bought, sold, and transported at any time.
[97.45 s. 3, 4, 100.30]
Sec. 79. [97A.541] [NONRESIDENT: SMALL GAME TAGS.]
A nonresident may not possess or transport a raccoon,
bobcat, Canada lynx, or fox taken in this state without a tag
attached to the animal. The commissioner shall prescribe, by
order, the type of tag and the number of tags to be issued with
each nonresident raccoon, bobcat, Canada lynx, or fox license
and shall furnish the tags with the licenses to be issued.
[98.46 s. 26]
Sec. 80. [97A.545] [TRANSPORTATION OF GAME BIRDS.]
Subdivision 1. [RESIDENTS SHIPPING BY COMMON CARRIER.] A
resident that ships undressed game birds to the resident by
common carrier without being in the vehicle may not make more
than three shipments during a license year. A shipment may not
contain more than the resident's daily limit. [97.45 s. 4]
Subd. 2. [NONRESIDENTS SHIPPING BY COMMON CARRIER.] A
nonresident that ships undressed game birds to the nonresident
by common carrier without being in the vehicle must obtain a
shipping permit from the commissioner. The commissioner shall
issue the permit upon request, without a fee. The carrier
receiving the shipment must cancel the permit as prescribed by
the commissioner. [97.45 s. 7b]
Subd. 3. [SHIPPING TO OTHER PERSONS.] A person must obtain
a permit from the commissioner to ship game birds to another
person within or out of the state. The person must have the
licenses required to take the game birds. [97.45 s. 9]
Subd. 4. [UNDRESSED GAME BIRDS TAKEN IN ADJACENT STATES.]
A person may transport into the state dressed game birds that
are lawfully taken and possessed in adjacent states. A resident
may ship the undressed game birds by common carrier within the
state. A nonresident may ship the undressed game birds out of
the state by common carrier. Each shipment must be tagged or
sealed by a conservation officer as prescribed by the
commissioner. [97.45 s. 9]
Sec. 81. [97A.551] [TRANSPORTATION OF FISH.]
Subdivision 1. [NONRESIDENTS SHIPPING BY COMMON CARRIER.]
(a) A nonresident that ships fish to the nonresident by common
carrier without being in the vehicle may only make one shipment
of fish during a license year. The shipment may contain one of
the following:
(1) one undressed fish of any size;
(2) 25 pounds or less of undressed fish; or
(3) 15 pounds or less of filleted or dressed game fish.
[97.45 s. 6(1)]
(b) The nonresident must obtain a shipping permit from the
commissioner. The commissioner shall issue a shipping permit
upon request, without a fee. The carrier receiving the shipment
must cancel the permit as prescribed by the commissioner.
[97.45 s. 6(1)]
(c) For shipments of filleted or dressed game fish under
this subdivision, the statement required under section 76,
subdivision 4, must include the net weight of the fish. [97.45
s. 6]
Subd. 2. [FISH TRANSPORTED THROUGH STATE.] A person may
not transport game fish taken in another state or country
through the state during the closed season or in excess of the
possession limit unless the fish are:
(1) transported by common carrier; or
(2) tagged, sealed, or marked as prescribed by the
commissioner. [97.45 s. 13]
Subd. 3. [SHIPPING ONE FISH TO ANY PERSON.] A person that
has a license to take fish may ship one fish to any person
within or out of the state after obtaining a permit from the
commissioner. [97.45 s. 9]
ARTICLE 2
CHAPTER 97B
HUNTING
HUNTING RESTRICTIONS AND REQUIREMENTS
Section 1. [97B.001] [TRESPASS.]
Subdivision 1. [AGRICULTURAL LAND DEFINITION.] For
purposes of this section, "agricultural land" means land:
(1) that is plowed or tilled;
(2) that has standing crops or crop residues; or
(3) within a maintained fence for enclosing domestic
livestock. [100.273 s. 1]
Subd. 2. [PERMISSION REQUIRED TO ENTER AGRICULTURAL LAND
TO HUNT OR OPERATE VEHICLES.] Except as provided in subdivisions
5 and 6, a person may not enter agricultural land to hunt or
operate a motor vehicle for pleasure purposes, unless the person
obtains permission of the owner, occupant, or lessee. [100.273
s. 2]
Subd. 3. [ENTERING LAND PROHIBITED AFTER NOTICE.] Except
as provided in subdivisions 5 and 6, a person may not enter any
land to take a wild animal after being notified not to do so
orally by the owner, occupant, or lessee. [100.273 s. 3]
Subd. 4. [ENTERING POSTED LAND PROHIBITED; SIGNS.] (a)
Except as provided in subdivision 6, a person may not enter any
land that is posted under this subdivision to take a wild animal
unless the person has obtained the permission of the owner,
occupant, or lessee. [100.273 s. 3]
(b) The owner, occupant, or lessee of private land, or an
authorized manager of public land may prohibit unauthorized
hunting, trapping, fishing, or trespassing on the land by
posting signs that:
(1) display letters at least two inches high;
(2) are signed by the owner, occupant, lessee, or
authorized manager; and
(3) are at intervals of 1,000 feet or less along the
boundary of the area, or in a wooded area where boundary lines
are not clear, at intervals of 500 feet or less.
(c) A person may not erect a sign that states "no hunting,"
"no trapping," "no fishing," "no trespassing," or another sign
that prohibits trespass on land or water where the person does
not have a property right, title, or interest to use the land.
[100.273 s. 6]
Subd. 5. [RETRIEVING WOUNDED GAME FROM AGRICULTURAL LAND.]
A hunter, on foot, may retrieve wounded game, during the open
season for the game, from agricultural land that is not posted
under subdivision 4, without permission of the landowner. The
hunter must leave the land immediately after retrieving the
wounded game. [100.273 s. 7]
Subd. 6. [RETRIEVING DOGS FROM PRIVATE LAND.] A person
may, without permission of the landowner, enter private land on
foot to retrieve a dog that has treed or is at bay with a
raccoon, bobcat, coyote, or fox. After retrieving the dog, the
person must immediately leave the premises. [100.273 s. 7]
Subd. 7. [TAKING WITH FIREARMS IN CERTAIN AREAS.] (a) A
person may not take a wild animal with a firearm within 500 feet
of a building occupied by a human or livestock without the
written permission of the owner or occupant:
(1) on another person's private agricultural land; or
(2) on a public right-of-way.
(b) A person may not take a wild animal with a firearm
without the written permission of the owner within 500 feet of a
stockade or corral containing livestock.
(c) A person may not take a wild animal with a firearm:
(1) on land other than agricultural land within 200 feet of
a building occupied by a human without the oral permission of
the owner or occupant of the building; or [100.273 s. 5]
(2) within 500 feet of a burning area.
Subd. 8. [DESTRUCTION OF PROPERTY; GATE CLOSING.] A person
may not:
(1) wound or kill another person's domestic animal;
(2) destroy, cut, or tear down another person's fence,
building, grain, crops, live tree, or sign erected under
subdivision 4; or
(3) pass through another person's closed gate without
returning the gate to its original position. [100.273 s. 4]
Sec. 2. [97B.005] [TRAINING DOGS.]
Subdivision 1. [FIELD TRAINING; PERMIT REQUIRED FOR
CERTAIN PERIOD.] A person may not train hunting dogs afield from
April 16 to July 14 except by special permit. The commissioner
may issue a special permit, without a fee, to train hunting dogs
afield on land owned by the trainer or on land that the owner
provides written permission. The written permission must be
carried in personal possession of the trainer while training the
dogs. [98.48 s. 13, 100.29 s. 20]
Subd. 2. [RESTRICTION ON AMMUNITION WHILE TRAINING.] A
person that is training a dog afield and carrying a firearm may
only have blank cartridges and shells in personal possession
when the season is not open for any game bird. [100.29 s. 20]
Subd. 3. [PERMITS FOR ORGANIZATIONS TO USE GAME BIRDS AND
FIREARMS.] The commissioner may issue special permits, without a
fee, to organizations to use firearms and live ammunition on
domesticated birds or banded game birds from game farms for
holding field trials and training retrieving dogs. [98.48 s. 2]
Subd. 4. [USE OF RACCOONS.] The commissioner may issue
special permits, without a fee, to possess one raccoon to train
dogs for raccoon hunting. [98.48 s. 7]
Sec. 3. [97B.011] [DOGS PURSUING BIG GAME.]
A dog that is known to have killed or is observed wounding,
killing, or pursuing in a manner that endangers big game may be
killed by a peace officer or conservation officer, or, between
January 1 and July 14, by any person. The officer or person is
not liable for damages for killing the dog. [100.29 s. 19]
Sec. 4. [97B.015] [FIREARM SAFETY COURSE.]
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
make rules establishing a statewide course in the safe use of
firearms. At least one course must be held within the boundary
of each school district. The courses must be conducted by the
commissioner in cooperation with other organizations. The
courses must instruct youths in commonly accepted principles of
safety in hunting and handling common hunting firearms. [97.81
s. 1]
Subd. 2. [ADMINISTRATION, SUPERVISION, AND ENFORCEMENT.]
(a) The commissioner shall appoint a qualified person from the
enforcement division under civil service rules as supervisor of
hunting safety and prescribe the duties and responsibilities of
the position. The commissioner shall determine and provide the
enforcement division with the necessary personnel for this
section.
(b) The commissioner may appoint one or more county
directors of hunting safety in each county. An appointed county
director is responsible to the enforcement division. The
enforcement division may appoint instructors necessary for this
section. County directors and instructors shall serve on a
voluntary basis without compensation. The enforcement division
must supply the materials necessary for the course. [97.82,
97.85 s. 1]
Subd. 3. [LIABILITY INSURANCE.] The commissioner shall
obtain insurance to cover all liability incurred by the county
directors and instructors for bodily injury, death, and property
damage in the performance of their duties under this section.
[97.85 s. 2]
Subd. 4. [STUDENT FEE.] To defray the expense of the
course, the enforcement division shall collect a fee not to
exceed $5 from each person that takes the firearm safety course.
[97.85 s. 1]
Subd. 5. [FIREARMS SAFETY CERTIFICATE.] The commissioner
shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A
certificate may not be issued to a person under age 12. A
person that is age 11 may take the firearms safety course and
may receive a firearms safety certificate at age 12. The form
and content of the firearms safety certificate shall be
prescribed by the commissioner. [97.81 s. 2, 97.83 s. 1]
Sec. 5. [97B.021] [POSSESSION OF FIREARMS BY PERSONS UNDER
AGE 16.]
Subdivision 1. [RESTRICTIONS.] (a) Except as provided in
this subdivision, a person under the age of 16 may not possess a
firearm, unless accompanied by a parent or guardian. [97.83 s.
1]
(b) A person under age 16 may possess a firearm without
being accompanied by a parent or guardian:
(1) on land owned by, or occupied as the principal
residence of, the person or the person's parent or guardian;
(2) while participating in an organized target shooting
program with adult supervision;
(3) while the person is participating in a firearms safety
program or traveling to and from class; or
(4) if the person is age 14 or 15 and has a firearms safety
certificate.
(c) For purposes of this section a guardian is a legal
guardian or a person age 18 or older that has been authorized by
the parent or legal guardian to supervise the person under age
16. [97.83 s. 1]
Subd. 2. [SEIZURE OF UNLAWFULLY POSSESSED FIREARMS.] A law
enforcement officer shall seize a firearm used in violation of
this section. The officer must tag the seized firearm with the
name and address of the person from whom it was taken and give
the person a receipt. The firearm shall be placed in the
custody of the conservation officer in charge of the area where
the seizure was made. [97.83 s. 2]
Subd. 3. [RETURN OR FORFEITURE OF SEIZED FIREARMS.] A
firearm seized under this section must be returned to the person
from whom it was seized when the person presents a firearms
safety certificate to the conservation officer. The person must
present the certificate within 90 days after the beginning of
the first firearms training course in the county after the
firearm was seized. If the person does not present a
certificate, the firearm is contraband and forfeited to the
state, and shall be disposed of as prescribed by the
commissioner. [97.83 s. 3]
Sec. 6. [97B.025] [ADVANCED HUNTER EDUCATION.]
The commissioner may establish advanced education courses
for hunters and trappers. The commissioner, with the approval
of the commissioner of finance, may impose a fee not to exceed
$10 for each person attending an advanced education course. The
commissioner shall establish the fee under section 16A.128.
[97.851]
Sec. 7. [97B.031] [USE AND POSSESSION OF FIREARMS.]
Subdivision 1. [FIREARMS AND AMMUNITION THAT MAY BE USED
TO TAKE BIG GAME.] (a) A person may take big game with a firearm
only if:
(1) the rifle, shotgun, and handgun used is a caliber of at
least .23 inches;
(2) the firearm is loaded only with single projectile
ammunition;
(3) a projectile used is a caliber of at least .23 inches
and has a soft point or is an expanding bullet type;
(4) the ammunition has a case length of at least 1.285
inches;
(5) the muzzle-loader used is incapable of being loaded at
the breech;
(6) the smooth-bore muzzle-loader used is a caliber of at
least .45 inches; and
(7) the rifled muzzle-loader used is a caliber of at least
.40 inches.
(b) A person may not take big game with a .30 caliber M-1
carbine cartridge. [100.29 s. 9]
Subd. 2. [HANDGUNS FOR SMALL GAME.] A person may take
small game with a handgun of any caliber in a manner prescribed
by the commissioner. [100.29 s. 2]
Subd. 3. [FIREARMS LARGER THAN TEN GAUGE PROHIBITED.] A
person may not use a firearm with a bore larger than a ten gauge
to take a protected wild animal. [100.29 s. 2]
Subd. 4. [SILENCERS PROHIBITED.] A person may not own or
possess a silencer for a firearm or a firearm equipped to have a
silencer attached. [100.29 s. 4]
Sec. 8. [97B.035] [RESTRICTIONS ON ARCHERY EQUIPMENT.]
Subdivision 1. [HUNTING WITH BOWS RELEASED BY MECHANICAL
DEVICES.] A person may not hunt with a bow drawn, held, or
released by a mechanical device, except with a disabled hunter
permit issued under section 29. [100.29 s. 7, 26]
Subd. 2. [POSSESSION OF CROSSBOWS.] A person may not
possess a crossbow outdoors or in a motor vehicle during the
open season for any game, unless the crossbow is unstrung, and
in a case or in a closed trunk of a motor vehicle. [100.29 s.
26]
Subd. 3. [POISONED AND EXPLOSIVE ARROWS.] A person may not
hunt with an arrow that is poisoned or has an explosive tip.
[100.29 s. 7]
Sec. 9. [97B.041] [POSSESSION OF FIREARMS AND AMMUNITION
RESTRICTED IN DEER ZONES.]
A person may not possess a firearm or ammunition outdoors
during the period beginning the tenth day before the open
firearms season and ending the second day after the close of the
season within an area where deer may be taken by a firearm,
except:
(1) during the open season and in an area where big game
may be taken, a firearm and ammunition authorized for taking big
game in that area may be used to take big game in that area if
the person has a valid big game license in possession;
(2) a firearm that is unloaded and in a case or in a closed
trunk of a motor vehicle;
(3) a shotgun and only shells containing shot;
(4) a handgun or rifle and only short, long, and long rifle
cartridges that are caliber of .22 inches;
(5) handguns possessed by a person authorized to carry a
handgun under sections 624.714 and 624.715 for the purpose
authorized; and
(6) on a target range operated under a permit from the
commissioner. [100.29 s.3]
Sec. 10. [97B.045] [TRANSPORTATION OF FIREARMS.]
A person may not transport a firearm in a motor vehicle
unless the firearm is:
(1) unloaded and in a gun case expressly made to contain a
firearm, and the case fully encloses the firearm by being
zipped, snapped, buckled, tied, or otherwise fastened, and
without any portion of the firearm exposed;
(2) unloaded and in the closed trunk of a motor vehicle; or
(3) a handgun carried in compliance with sections 624.714
and 624.715. [100.29 s. 5]
Sec. 11. [97B.051] [TRANSPORTATION OF ARCHERY BOWS.]
A person may not transport an archery bow in a motor
vehicle unless the bow is:
(1) unstrung;
(2) completely contained in a case; or
(3) in the closed trunk of a motor vehicle. [100.29 s. 5]
Sec. 12. [97B.055] [DISCHARGING FIREARMS AND BOWS AND
ARROWS.]
Subdivision 1. [RESTRICTIONS RELATED TO HIGHWAYS.] A
person may not discharge a firearm or an arrow from a bow on,
over, or across an improved public highway at a big game
animal. A person may not discharge a firearm or bow and arrow
within the the right-of-way of an improved public highway at a
big game animal. The commissioner may by order extend the
application of this subdivision to the taking of migratory
waterfowl in designated locations. [100.31]
Subd. 2. [RESTRICTIONS RELATED TO MOTOR VEHICLE.] A person
may not take a wild animal with a firearm or by archery from a
motor vehicle except as permitted in this section. [100.29 s.
5]
Subd. 3. [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The
commissioner may issue a special permit, without a fee, to
discharge a firearm or bow and arrow from a stationary motor
vehicle to a licensed hunter that is physically unable to walk
with or without crutches, braces, or other mechanical support.
A person with a temporary disability may be issued an annual
permit and a person with a permanent disability may be issued a
permanent permit. [98.48 s. 12]
Subd. 4. [TAKING BOUNTY ANIMALS FROM AIRPLANES AND
SNOWMOBILES.] The commissioner may issue a special permit,
without fee, to take animals that the state pays a bounty for,
from an airplane or a snowmobile. [98.48 s. 10]
Sec. 13. [97B.061] [REPORTS AND RECORDS.]
If requested by the commissioner, a person who has taken
game must submit a report to the commissioner on a furnished
form before February 1, stating the number and kind of each game
animal taken during the preceding calendar year. [98.51 s. 1]
Sec. 14. [97B.065] [HUNTING WHILE INTOXICATED OR USING
NARCOTICS PROHIBITED.]
A person may not take protected wild animals with a firearm
or by archery while visibly intoxicated or under the influence
of narcotics. [100.29 s. 6]
Sec. 15. [97B.071] [RED OR BLAZE ORANGE REQUIREMENTS.]
A person may not hunt or trap during the open season in a
zone or area where deer may be taken by firearms, unless the
visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is bright red or blaze
orange. Blaze orange includes a camouflage pattern of at least
50 percent blaze orange within each foot square. [100.29 s. 8]
Sec. 16. [97B.075] [HUNTING RESTRICTED BETWEEN EVENING AND
MORNING.]
A person may not take protected wild animals, except
raccoon and fox, with a firearm or by archery between the
evening and morning times established by commissioner's order.
[100.29 s. 1]
Sec. 17. [97B.081] [USING ARTIFICIAL LIGHTS TO LOCATE
ANIMALS.]
Subdivision 1. [WITH FIREARMS AND BOWS.] (a) A person may
not cast the rays of a spotlight, headlight, or other artificial
light on a highway, or in a field, woodland, or forest, to spot,
locate, or take a wild animal, while having in possession,
either individually or as one of a group of persons, a firearm,
bow, or other implement that could be used to kill big game.
(b) This subdivision does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that
fully encloses the firearm by being zipped, snapped, buckled,
tied, or otherwise fastened without any portion of the firearm
exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This subdivision does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does
not have a trunk, the firearm or bow must be placed in the
rearmost location of the vehicle. [100.29 s. 10]
Subd. 2. [WITHOUT FIREARMS.] Between the hours of 10:00
p.m. and 6:00 a.m. from September 1 to December 31, a person may
not cast the rays of a spotlight, headlight, or other artificial
light in a field, woodland, or forest to spot, locate, or take a
wild animal except to take raccoons under section 46,
subdivision 3. It is not a violation of this subdivision for a
person to carry out any agricultural, occupational, or
recreational practice, including snowmobiling that is not
related to spotting, locating or taking a wild animal. [100.29
s. 9a]
Sec. 18. [97B.085] [USE OF RADIOS TO TAKE ANIMALS.]
Subdivision 1. [TAKING PROTECTED ANIMALS PROHIBITED.] A
person may not use radio equipment to take a protected wild
animal. [100.29 s. 27]
Subd. 2. [TAKING UNPROTECTED WILD ANIMALS; PERMIT
REQUIRED.] A person may not use radio equipment to take
unprotected wild animals without a permit. The commissioner may
issue a permit to take unprotected animals with radio
equipment. The commissioner shall cancel the permit upon
receiving a valid complaint of misconduct regarding the
permittee's hunting activities. [100.29 s. 27]
Sec. 19. [97B.091] [USE OF MOTOR VEHICLES TO CHASE WILD
ANIMALS PROHIBITED.]
A person may not use a motor vehicle to intentionally
drive, chase, run over, kill, or take a wild animal. [100.26 s.
1, 100.29 s. 28, 29]
Sec. 20. [97B.095] [DISTURBING BURROWS AND DENS.]
A person may not disturb the burrow or den of a wild animal
between November 1 and April 1 without a permit. [100.29 s. 24]
Sec. 21. [97B.101] [HUNTING WITH FERRETS PROHIBITED.]
A person may not take a protected wild animal with the aid
of a ferret. [100.29 s. 23]
Sec. 22. [97B.105] [HUNTING BY FALCONRY.]
A person may take a protected wild animal by falconry under
rules prescribed by the commissioner. [100.27 s. 8]
BIG GAME
Sec. 23. [97B.201] [NO OPEN SEASON FOR ELK, CARIBOU, AND
ANTELOPE.]
There may not be an open season on elk, caribou, or
antelope. [100.27 s. 1]
Sec. 24. [97B.205] [USE OF DOGS AND HORSES TO TAKE BIG
GAME PROHIBITED.]
A person may not use a dog or horse to take big game.
[100.29 s. 14]
Sec. 25. [97B.211] [HUNTING BIG GAME BY ARCHERY.]
Subdivision 1. [POSSESSION OF FIREARMS PROHIBITED.] A
person may not take big game by archery while in possession of a
firearm. [100.29 s. 7]
Subd. 2. [ARROWHEAD REQUIREMENTS.] Arrowheads used for
taking big game must be sharp and barbless and have a single
two-edged blade at least one inch wide, or three or more blades
at least three inches in circumference. The arrowhead must be
made of:
(1) hicarbon steel and weigh at least 110 grains; or
(2) mill-tempered spring steel with a plastic core or
ferrule and weigh at least 90 grains. [100.29 s. 7]
DEER
Sec. 26. [97B.301] [DEER LICENSES AND LIMITS.]
Subdivision 1. [LICENSES REQUIRED.] A person may not take
deer without a license. A person must have a firearms deer
license to take deer with firearms and an archery deer license
to take deer by archery except as provided in this section.
[98.45 s. 1, 100.272]
Subd. 2. [LIMIT OF ONE DEER.] Except as provided in
subdivisions 3 and 4, a person may obtain one firearms deer
license and one archery deer license in the same license year,
but may take only one deer. [100.272]
Subd. 3. [PARTY HUNTING.] If two or more persons with
licenses to take deer by firearms, or two or more persons with
licenses to take deer by archery, are hunting as a party, a
member of the party may take more than one deer, but the total
number of deer taken by the party may not exceed the number of
persons licensed to take deer in the party. [100.272]
Subd. 4. [EXPERIMENTAL TWO DEER.] The commissioner may, by
order, allow a person to take two deer during each of the 1986
and 1987 calendar years. The commissioner shall prescribe the
conditions for taking the second deer including:
(1) taking by firearm or archery;
(2) obtaining an additional license; and
(3) payment of a fee not more than the fee for a firearms
deer license. [100.281]
Sec. 27. [97B.305] [COMMISSIONER MAY LIMIT NUMBER OF DEER
HUNTERS.]
The commissioner may limit the number of persons that may
hunt deer in an area if it is necessary to prevent an
overharvest or improve the distribution of hunters. The
commissioner may, by order, establish a method, including a
drawing, to impartially select the hunters for an area. The
commissioner shall give preference to hunters that have
previously applied and have not been selected. [97.48 s. 24]
Sec. 28. [97B.311] [DEER SEASONS AND RESTRICTIONS.]
The commissioner may, by order, prescribe restrictions and
designate areas where deer may be taken. The commissioner may,
by order, prescribe the open seasons for deer within the
following periods:
(1) taking with firearms, other than muzzle-loading
firearms, between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1
and December 31; and
(3) taking by archery between September 1 and December 31.
[100.27 s. 2]
Sec. 29. [97B.315] [CROSSBOW PERMITS.]
The commissioner may issue a special permit, without a fee,
to take deer with a crossbow to a person that is unable to hunt
in another manner because of a permanent physical disability.
The disability, established by medical evidence, and the
inability to hunt in another manner must be verified in writing
by a licensed physician. The person must obtain an archery deer
license. The crossbow must:
(1) be fired from the shoulder;
(2) deliver at least 42 foot-pounds of energy at a distance
of ten feet;
(3) have a stock at least 30 inches long;
(4) have a working safety; and
(5) be used with arrows or bolts of at least ten inches
long with a broadhead. [98.48 s. 16]
Sec. 30. [97B.321] [SNARES, TRAPS, SET GUNS, AND SWIVEL
GUNS PROHIBITED.]
A person may not take deer with the aid of a snare, trap,
set gun, or swivel gun. [100.29 s. 12]
Sec. 31. [97B.325] [DEER STAND RESTRICTIONS.]
A person may not take deer from a man-made platform or
other structure higher than nine feet above the ground. The
restriction does not apply to a portable stand that is chained,
belted, clamped, or tied with rope. [100.29 s. 14]
BEAR
Sec. 32. [97B.401] [BEAR LICENSE REQUIRED.]
A person may not take bear without a bear license except as
provided in section 35 to protect property. [98.45 s. 1]
Sec. 33. [97B.405] [COMMISSIONER MAY LIMIT NUMBER OF BEAR
HUNTERS.]
The commissioner may limit the number of persons that may
hunt bear in an area, if it is necessary to prevent an
overharvest or improve the distribution of hunters. The
commissioner may establish, by order, a method, including a
drawing, to impartially select the hunters for an area. The
commissioner shall give preference to hunters that have
previously applied and have not been selected. [97.48 s. 24,
100.27 s. 2, 9]
Sec. 34. [97B.411] [BEAR SEASON AND RESTRICTIONS.]
The commissioner may, by order, prescribe the open season
and the areas and restrictions for the taking of bear. [100.27
s. 2, 9]
Sec. 35. [97B.415] [TAKING BEAR TO PROTECT PROPERTY.]
A person may take a bear at any time to protect the
person's property. The person must report the bear taken to a
conservation officer within 48 hours. The bear may be disposed
of as prescribed by the commissioner. [100.27 s. 9]
Sec. 36. [97B.421] [PERMIT REQUIRED TO SNARE BEARS.]
A person may not use a snare to take a bear except under a
permit from the commissioner. [100.29 s. 13]
Sec. 37. [97B.425] [BAITING BEARS.]
A person placing bait to take bear must display a tag at
each site where bait is placed and register the sites. The
commissioner shall prescribe the method of tagging and
registering the sites. A person may not use solid waste
containing bottles, cans, plastic, paper, metal, or other
materials that are not readily biodegradable as a bait to
attract bear. [100.29 s. 31]
Sec. 38. [97B.431] [BEAR HUNTING GUIDES.]
A person may not place bait for bear, or guide hunters to
take bear, for compensation without a bear hunting guide
license. A bear hunting guide is not required to have a license
to take bear unless the guide is attempting to shoot a bear.
The commissioner shall adopt rules for qualifications for
issuance and administration of the licenses. [98.455]
MOOSE
Sec. 39. [97B.501] [MOOSE LICENSE REQUIRED.]
A person may not take moose without a moose license.
[98.45 s. 1]
Sec. 40. [97B.505] [MOOSE SEASON AND RESTRICTIONS.]
The commissioner may, by order, prescribe the open season
and the areas and conditions for the taking of moose. [100.27 s.
2]
Sec. 41. [97B.511] [MOOSE STAND RESTRICTIONS.]
A person may not take moose from a man-made platform or
other structure higher than nine feet above the ground. The
restriction does not apply to a portable stand that is chained,
belted, clamped, or tied with rope. [100.29 s. 14]
SMALL GAME
Sec. 42. [97B.601] [SMALL GAME LICENSES.]
Subdivision 1. [REQUIREMENT.] A person may not take small
game without a small game license except as provided in
subdivision 4. [98.47 s. 6]
Subd. 2. [TRAPPING SMALL GAME.] A person may not take
small game with traps without a trapping license and a small
game license except as provided in subdivision 4. [98.47 s. 6]
Subd. 3. [NONRESIDENTS: RACCOON, BOBCAT, FOX, COYOTE,
CANADA LYNX.] A nonresident may not take raccoon, bobcat, fox,
coyote, or Canada lynx without a separate license to take that
animal in addition to a small game license. [98.46 s. 14]
Subd. 4. [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A
resident under age 16 may take small game without a small game
license, and a resident under age 13 may trap without a trapping
license, as provided in article 1, section 63, subdivision 3.
(b) A person may take small game without a small game
license on land occupied by the person as a principal residence.
(c) An owner or occupant may take certain small game
causing damage without a small game or trapping license as
provided in section 53. [98.47 s. 1, 10, 100.27 s. 7]
Sec. 43. [97B.605] [COMMISSIONER MAY RESTRICT TAKING OF
CERTAIN SMALL GAME ANIMALS.]
The commissioner may prescribe restrictions on and
designate areas where gray and fox squirrels; cottontail and
jack rabbits; snowshoe hare; raccoon; lynx; bobcat; fox;
fishers; and badger may be taken and possessed. [100.27 s. 3]
Sec. 44. [97B.611] [SQUIRRELS.]
Subdivision 1. [SEASONS FOR GRAY AND FOX SQUIRRELS.] The
statewide open season for gray and fox squirrels may be
prescribed by the commissioner between October 15 and December
31. The commissioner may prescribe areas with additional open
seasons. [100.27 s. 3]
Subd. 2. [FIRE AND SMOKE PROHIBITED.] A person may not set
fire to a tree or use smoke to take squirrels. [100.29 s. 15]
Sec. 45. [97B.615] [RABBIT AND HARE SEASON.]
The statewide open season for cottontail, jack rabbits, and
snowshoe hare may be prescribed by the commissioner between
September 16 and March 1. [100.27 s. 3]
Sec. 46. [97B.621] [RACCOONS.]
Subdivision 1. [SEASON.] The statewide open season for
raccoon may be prescribed by the commissioner between October 15
and December 31. [100.27 s. 3]
Subd. 2. [PERIOD FOR TREEING RACCOONS.] Notwithstanding
subdivision 1, a person may use dogs to pursue and tree raccoons
without killing or capturing the raccoons from January 1 to
April 15 and July 15 to October 14. [100.27 s. 3]
Subd. 3. [NIGHTTIME HUNTING RESTRICTIONS.] To take
raccoons between sunset and sunrise, a person:
(1) must be on foot;
(2) may use an artificial light only if hunting with dogs;
(3) may not use a rifle other than one of a .22 inch
caliber with .22 short, long, or long rifle, rimfire ammunition;
and
(4) may not use shotgun shells with larger than No. 4 shot.
[100.29 s. 10]
Subd. 4. [PROHIBITED METHODS OF TAKING.] A person may not
take a raccoon:
(1) in a den or hollow tree;
(2) by cutting down a tree occupied by raccoon; or
(3) by setting fire to a tree or using smoke. [100.29 s.
15]
Sec. 47. [97B.625] [LYNX AND BOBCAT.]
Subdivision 1. [SEASON.] Based upon population estimates,
the commissioner may set the open season for lynx or bobcat.
[100.27 s. 3]
Subd. 2. [PERMIT REQUIRED TO SNARE.] A person may not use
a snare to take lynx or bobcat except under a permit from the
commissioner. [100.29 s. 13]
Sec. 48. [97B.631] [FOX.]
Subdivision 1. [RESTRICTIONS ON TAKING.] A person may not
remove a fox from a den or trap fox within 300 feet of a fox den
from April 1 to August 31. [100.27 s. 3]
Subd. 2. [PERMIT REQUIRED TO SNARE.] A person may not use
a snare to take fox except under a permit from the commissioner.
[100.29 s. 13]
Sec. 49. [97B.635] [FISHER; BADGER; OPPOSSUM; AND PINE
MARTEN.]
Based upon population estimates, the commissioner may set
the open season for fisher, badger, oppossum, and pine marten.
[100.27 s. 3]
Sec. 50. [97B.641] [COUGAR AND WOLVERINE.]
There is no open season for cougar or wolverine. [100.27
s. 1]
Sec. 51. [97B.645] [WOLVES.]
Subdivision 1. [USE OF DOGS AND HORSES PROHIBITED.] A
person may not use a dog or horse to take a timber wolf.
[100.29 s. 14]
Subd. 2. [PERMIT REQUIRED TO SNARE.] A person may not use
a snare to take a wolf except under a permit from the
commissioner. [100.29 s. 13]
Sec. 52. [97B.651] [UNPROTECTED MAMMALS.]
Mammals that are unprotected wild animals may be taken at
any time and in any manner, except with artificial lights, or by
using a motor vehicle in violation of section 19. Poison may
not be used to take unprotected mammals unless the safety of
humans and domestic livestock is ensured. Unprotected mammals
may be possessed, bought, sold, or transported in any quantity.
[100.26 s. 1, 3]
Sec. 53. [97B.655] [TAKING ANIMALS CAUSING DAMAGE.]
Subdivision 1. [OWNERS AND OCCUPANTS MAY TAKE CERTAIN
ANIMALS.] A person may take mink, squirrel, rabbit, hare,
raccoon, lynx, bobcat, fox, or beaver on land owned or occupied
by the person where the animal is causing damage. The person
may take the animal without a license and in any manner except
by poison, or artificial lights in the closed season. Raccoons
may be taken under this subdivision with artificial lights
during open season. A person that kills mink, raccoon, lynx,
bobcat, fox, or beaver under this subdivision must bring the
entire animal to a conservation officer or employee of the
division within 24 hours after the animal is killed. [100.27 s.
7]
Subd. 2. [SPECIAL PERMIT FOR TAKING PROTECTED WILD
ANIMALS.] The commissioner may issue special permits under
article 1, section 53, subdivision 5, to take protected wild
animals that are damaging property. A person must have the
required license and seals to take beaver under the permit.
[98.48 s. 5]
Sec. 54. [97B.661] [REMOVAL OF BEAVER FROM STATE LANDS.]
The commissioner may remove beaver at state expense from
state land if the county board where the land is located adopts
a resolution requesting the removal. [97.56]
Sec. 55. [97B.665] [IMPAIRMENT OF DRAINAGE BY BEAVER
DAMS.]
Subdivision 1. [AGREEMENT BY COUNTY BOARD, LANDOWNER, AND
COMMISSIONER.] (a) When a drainage watercourse is impaired by a
beaver dam, the commissioner shall take action to remove the
impairment, if:
(1) the county board unanimously consents;
(2) the landowner approves;
(3) the commissioner agrees; and
(4) the action is financially feasible.
(b) In a county with unanimous consent of the county board
of commissioners and approval of the landowner, the department
shall take action agreed to by unanimous consent of the county
board, the commissioner, and the landowner. The action may
include destruction or alteration of beaver dams and removal of
beaver. This subdivision does not apply to state parks, state
game refuges, and federal game refuges. [97.57 s. 1]
Subd. 2. [PETITION TO DISTRICT COURT.] If a beaver dam
causes a threat to personal safety or a serious threat to damage
property, and a person cannot obtain consent under subdivision
1, a person may petition the district court for relief. The
court may order the commissioner to take action to reduce the
threat. [97.57 s. 2]
Sec. 56. [97B.671] [PREDATOR CONTROL PROGRAM.]
Subdivision 1. [AUTHORIZATION TO TAKE PREDATORS.] If the
commissioner determines that predators are damaging domestic or
wild animals and further damage can be prevented, the
commissioner shall authorize the taking of the predators by
predator controllers. The commissioner shall define the area
where the predators may be taken, the objectives to be achieved,
payments to be made, the methods to be used, and when the
predator control shall cease. [97.487 s. 3]
Subd. 2. [CERTIFICATION OF PREDATOR CONTROLLERS.] The
commissioner shall certify a person as a predator controller if
the person has not violated a provision of this section and
meets qualifications of experience, ability, and reliability.
The commissioner shall establish application procedures,
prescribe forms, and maintain a list of predator controllers.
The application procedures must include reports from
conservation officers and other department field personnel as to
the ability and reliability of the applicants. [97.487 s. 4, 6]
Subd. 3. [PREDATOR CONTROL PAYMENTS.] The commissioner
shall pay a predator controller the amount the commissioner
prescribes for each predator taken. The commissioner shall pay
at least $25 but not more than $60 for each wolf or coyote
taken. The commissioner may require the predator controller to
submit proof of the taking and a signed statement concerning the
predators taken. [97.487 s. 5]
BIRDS
Sec. 57. [97B.701] [PROTECTED BIRDS.]
Subdivision 1. [TAKING OF BIRDS, NESTS, AND EGGS MUST BE
AUTHORIZED.] Protected birds, their nests, and their eggs may be
taken only as authorized under the game and fish laws. [100.26
s. 2]
Subd. 2. [PROHIBITED METHODS OF TAKING.] A person may not
take protected birds:
(1) with a trap, net, or snare;
(2) using bird lime;
(3) with a swivel or set gun; or
(4) by dragging a rope, wire, or other device across a
field. [100.29 s. 16]
Sec. 58. [97B.705] [RESTRICTIONS ON TRAPPING BIRDS.]
(a) Except as provided in this section, a person may not
take a bird with a steel jaw leg-hold trap mounted on a pole,
post, tree stump, or other perch more than three feet above the
ground.
(b) A person that has a game farm license and a permit to
take great horned owls issued under United States Code, title
16, section 704, may trap great horned owls from April 1 to
October 15. The trap must be a padded jaw trap as prescribed by
the commissioner and mounted at a height so that the trapped owl
may rest on the ground. Uninjured birds shall be released alive
and injured birds receive appropriate veterinary treatment.
[100.29 s. 32]
Sec. 59. [97B.711] [GAME BIRDS.]
Subdivision 1. [SEASONS FOR CERTAIN UPLAND GAME
BIRDS.] (a) The commissioner may, by order, prescribe an open
season in designated areas between September 16 and December 31
for:
(1) pheasant;
(2) ruffed grouse;
(3) sharp tailed grouse;
(4) Canada spruce grouse;
(5) prairie chicken;
(6) gray partridge;
(7) chukar partridge;
(8) quail; and
(9) turkey.
(b) The commissioner may by order prescribe an open season
for turkey in the spring. [100.27 s. 5]
Subd. 2. [DAILY AND POSSESSION LIMITS FOR CERTAIN UPLAND
GAME BIRDS.] (a) A person may not take more than five in one day
or possess more than ten of each of the following:
(1) pheasant;
(2) ruffed grouse;
(3) sharp tailed grouse;
(4) prairie chicken;
(5) gray partridge; and
(6) chukar partridge.
(b) A person may not take more than ten quail in one day or
possess more than 15 bob-white quail.
(c) The commissioner may, by order, reduce the daily and
possession limits established in this subdivision. [100.28 s.2]
Sec. 60. [97B.715] [PHEASANTS.]
Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in
paragraph (b), a person required to possess a small game license
may not hunt pheasants without a pheasant stamp in possession.
(b) The following persons are exempt from this subdivision:
(1) residents under age 18 or over age 65; and
(2) persons hunting on licensed private shooting preserves
in Norman, Becker, Wadena, Cass, Crow Wing, Aitkin, or Carlton
county, and locations north of the northern boundaries of these
counties. [97.4843 s. 2]
Subd. 2. [DAILY AND POSSESSION HEN PHEASANT LIMITS.] A
person may not take more than one hen pheasant in one day or
possess more than two hen pheasants. [100.28 s. 2]
Subd. 3. [HUNTING HOURS.] A person may not take pheasants
between the evening time that the commissioner establishes by
order and 9 a.m. [100.29 s. 1]
Sec. 61. [97B.721] [LICENSE REQUIRED TO TAKE TURKEY.]
A person may not take turkey without a small game license
and a turkey license. [98.46 s. 2, 14]
Sec. 62. [97B.725] [LICENSE REQUIRED TO GUIDE HUNTERS.]
A person may not guide turkey hunters for compensation
without a turkey hunter guide license. The license must be
obtained before the day of the opening of the turkey season.
The commissioner shall prescribe qualifications for the issuance
of turkey hunter guide licenses. [98.456]
Sec. 63. [97B.731] [MIGRATORY BIRDS.]
Subdivision 1. [MIGRATORY GAME BIRDS.] Migratory game
birds may be taken and possessed. A person may not take
migratory game birds in violation of federal law. [100.27 s. 6]
Subd. 2. [TAKING MOURNING DOVES PROHIBITED.] Mourning
doves may not be taken in the state. [100.27 s. 6]
MIGRATORY WATERFOWL
Sec. 64. [97B.801] [MINNESOTA MIGRATORY WATERFOWL STAMP
REQUIRED.]
Except as provided in this section, a person required to
possess a small game license may not take migratory waterfowl
without a Minnesota migratory waterfowl stamp in possession.
Residents under age 18 or over age 65 and persons hunting on
their own property are not required to possess the stamp.
[97.4841 s. 2]
Sec. 65. [97B.805] [RESTRICTIONS ON METHOD OF TAKING
WATERFOWL ON WATER.]
Subdivision 1. [HUNTER MUST BE CONCEALED.] (a) A person
may not take migratory waterfowl, coots, or rails in open water
unless the person is:
(1) within a natural growth of vegetation sufficient to
partially conceal the person or boat; or
(2) pursuing or shooting wounded birds.
(b) A person may not take migratory waterfowl, coots, or
rails in public waters from a permanent artificial blind or sink
box. [100.29 s. 17]
Subd. 2. [RESTRICTIONS ON WATERCRAFT.]
(a) A person using watercraft to take migratory waterfowl
must comply with subdivision 1.
(b) Migratory waterfowl may be taken from a watercraft
propelled by motor or sails only if the watercraft has stopped
and the motor is shut off and the sails are furled. [100.29 s.
5]
(c) Migratory waterfowl may be taken from a floating
watercraft if the craft is drifting, beached, moored, resting at
anchor, or is being propelled by paddle, oars, or pole. [100.29
s. 5]
Subd. 3. [UNATTENDED BOATS.] During the open season for
waterfowl, a person may not leave an unattended boat used for
hunting waterfowl in public waters between sunset and one hour
before sunrise, unless the boat is adjacent to private land
under the control of the person and the water does not contain a
natural growth of vegetation sufficient to partially conceal a
hunter or a boat. [100.29 s. 18]
Sec. 66. [97B.811] [DECOYS AND BLINDS ON PUBLIC LANDS AND
WATERS.]
Subdivision 1. [BLINDS AND DECOYS PROHIBITED BEFORE
SEASON.] A person may not erect a blind or place decoys in
public waters or on public land more than one hour before the
open season for waterfowl. [100.29 s. 18]
Subd. 2. [HOURS FOR PLACING DECOYS.] Except as provided in
subdivisions 3 and 4, a person may not place decoys in public
waters or on public lands more than one hour before sunrise
during the open season for waterfowl. [100.29 s. 18]
Subd. 3. [RESTRICTIONS ON LEAVING DECOYS OVERNIGHT.]
During the open season for waterfowl, a person may not leave
decoys in public waters between sunset and one hour before
sunrise unless:
(1) the decoys are in waters adjacent to private land under
the control of the hunter; and
(2) there is not natural vegetation growing in water
sufficient to partially conceal a hunter. [100.29 s. 18]
Subd. 4. [DECOYS THAT ARE NAVIGATIONAL HAZARD PROHIBITED.]
A person may not leave decoys in public waters between sunset
and one hour before sunrise if the decoys constitute a
navigational hazard. [100.29 s. 18]
FUR-BEARING ANIMALS, TRAPPING
Sec. 67. [97B.901] [COMMISSIONER MAY REQUIRE TAGS ON
FUR-BEARING ANIMALS.]
The commissioner may, by order, require persons taking
fur-bearing animals to tag the animals where they are taken.
The commissioner shall prescribe the manner of issuance and the
type of tag, which must show the year of issuance. The
commissioner shall issue the tag, without a fee, upon request.
[98.46 s. 21]
Sec. 68. [97B.905] [FUR BUYING AND SELLING LICENSES.]
Subdivision 1. [RESIDENT LICENSE.]
(a) A resident that has a license to buy and sell raw furs
may buy and sell raw furs in the state including:
(1) selling raw furs to a manufacturer, representing
nonresidents;
(2) selling raw furs to a broker or agent, representing a
nonresident; and
(3) conducting a fur auction that makes sales to resident
manufacturers and nonresidents.
(b) An employee, partner, or officer buying or selling only
for a raw fur dealer licensee at an established place of
business licensed under article 1, section 68, subdivision 21,
clause (a), may obtain a supplemental license under article 1,
section 68, subdivision 21, clause (b). [98.46 s. 4]
Subd. 2. [NONRESIDENT LICENSE.] A nonresident must obtain
a license under article 1, section 68, subdivision 22, to buy or
sell raw furs within the state, except a license is not required
to buy from a person licensed under article 1, section 68,
subdivision 21. [98.46 s. 16]
Subd. 3. [BOND REQUIRED FOR FUR BUYER LICENSE APPLICANTS.]
Applicants for a raw fur dealer's license must, at the time of
application for the license, furnish a corporate surety bond in
favor of the state for $1,000 payable upon violation of the game
and fish laws. [98.46 s. 23]
Sec. 69. [97B.911] [MUSKRAT SEASONS.]
The commissioner may establish open seasons for muskrat
between October 25 and April 30. The open season in an area may
not exceed 90 days. The commissioner may prescribe restrictions
for the taking of muskrat. [100.27 s. 4]
Sec. 70. [97B.915] [MINK SEASONS.]
The commissioner may establish open seasons for mink
between October 25 and April 30. The open season in an area may
not exceed 90 days. The commissioner may prescribe restrictions
for the taking of mink. [100.27 s. 4)
Sec. 71. [97B.921] [OTTER SEASONS.]
The commissioner may establish open seasons for otter
between October 25 and April 30. The open season in an area may
not exceed 30 days. Otter may be taken only by trapping and is
subject to restrictions prescribed by the commissioner. [100.27
s. 4]
Sec. 72. [97B.925] [BEAVER SEASONS.]
The commissioner may establish open seasons for beaver
between October 25 and April 30. Beaver may be taken only by
trapping and is subject to restrictions prescribed by the
commissioner. [100.27 s. 4]
Sec. 73. [97B.931] [HOURS FOR TENDING TRAPS RESTRICTED.]
A person may not tend a trap set for wild animals between
7:00 p.m. and 5:00 a.m. [100.29 s. 25]
Sec. 74. [97B.935] [USE OF VEHICLES FOR TRAPPING BEAVER
AND OTTER.]
Subdivision 1. [GENERAL PROHIBITION.] Except as provided
in this section, a person may not use a snowmobile or an
all-terrain vehicle during the open season for beaver or otter,
and for two days after the open seasons end, to transport or
check beaver or otter traps or to transport beaver or otter
carcasses or pelts. [100.29 s. 30]
Subd. 2. [ALLOWED IN DESIGNATED COUNTIES.] The
commissioner may, by order, designate counties where snowmobiles
and all-terrain vehicles may be used to transport and check
beaver and otter traps and to transport beaver or otter
carcasses or pelts. [100.29 s. 30]
Subd. 3. [SPECIAL PERMIT FOR DISABLED.] The commissioner
may issue a special permit to use a snowmobile or all-terrain
vehicle to transport or check beaver or otter traps or to
transport beaver or otter carcasses or pelts to a licensed
trapper physically unable to walk as specified in section 12,
subdivision 3. [100.29 s. 30]
Sec. 75. [97B.941] [TAMPERING WITH TRAPS.]
A person may not remove or tamper with a trap legally set
to take fur-bearing animals or unprotected wild animals without
authorization. Authorized persons include the commissioner and
the owner or lessee of the land where the trap is located.
[100.29 s. 33]
Sec. 76. [97B.945] [SETTING OF TRAPS NEAR WATER
RESTRICTED.]
A person may not set a trap within 150 feet of a stream,
lake, or navigable water within 30 days before the open season
for mink and muskrat without a special permit by the
commissioner. [100.295]
ARTICLE 3
CHAPTER 97C
FISHING
FISHING HABITAT
Section 1. [97C.001] [EXPERIMENTAL WATERS.]
Subdivision 1. [DESIGNATION.] The commissioner may
designate all or part of a lake or stream as experimental
waters. The designated experimental waters may not exceed 100
lakes and 25 streams at one time. Only lakes and streams that
have a public access may be designated. The commissioner shall
establish methods and criteria for public initiation of
experimental waters designation and for public participation in
the evaluation of the waters designated. [97.48 s. 26]
Subd. 2. [PUBLIC MEETING.] Before the commissioner
designates experimental waters, a public meeting must be held in
the county where the largest portion of the lake or stream is
located. At least seven days before the public meeting, notice
of the meeting must be published in a legal newspaper within the
counties where the lake or stream is located. If a lake to be
designated has a water area of more than 1,500 acres, a public
meeting must also be held in the seven-county metropolitan area.
[97.48 s. 26]
Subd. 3. [SEASONS, LIMITS, AND REGULATIONS.] The
commissioner may, by order, establish open seasons, limits,
methods, and other regulations to take fish on experimental
waters. [97.48 s. 26]
Sec. 2. [97C.005] [SPECIAL MANAGEMENT LAKES.]
The commissioner may classify waters for their primary use
as trophy lakes, family fishing lakes, special species
management lakes, and other designated uses. [97.48 s. 26a]
Sec. 3. [97C.011] [MUSKELLUNGE LAKES.]
(a) The commissioner may, after holding a public meeting,
designate waters with muskellunge as muskellunge waters.
(b) The commissioner may prescribe rules for each
designated muskellunge waters that:
(1) restrict spearing from a darkhouse;
(2) restrict angling from a darkhouse;
(3) limit the open season to take fish;
(4) limit the size of fish that may be kept; and
(5) limit the number of each species of fish that may be
kept.
(c) The commissioner must give notice and hold a hearing
before adopting rules under this subdivision. The rules must
have a termination date and may only be extended upon a showing
by the commissioner, at a hearing, that the muskellunge
population in the designated waters has been enhanced.
(d) The provisions of section 39, subdivision 1, requiring
the angling season on a lake to be closed in proportion to the
spearing season do not apply to designated muskellunge lakes.
[101.475 s. 1, 2]
Sec. 4. [97C.015] [MISSISSIPPI RIVER FISH REFUGE.]
Subdivision 1. [ESTABLISHMENT.] The portion of the
Mississippi river described in subdivision 3 is a fish refuge
when the commissioner concludes a fish refuge agreement with the
appropriate state authority in Wisconsin. The agreement must
require that a similar fish refuge is established in the
Wisconsin waters of the Mississippi river described in
subdivision 3. [99.29 s. 1, 3]
Subd. 2. [FISHING RESTRICTION.] A person may not take fish
from a fish refuge after it is established under this section.
[99.29 s. 2]
Subd. 3. [LOCATION.] The location of the fish refuge is
the portion of the Mississippi river downstream from lock and
dam No. 3 located at milepost 796.9 above the mouth of the Ohio
river, to the downstream end of Diamond island located at
milepost 794.8. [99.29 s. 1]
Sec. 5. [97C.021] [ANGLING RESTRICTED IN TROUT STREAMS.]
A person may only take fish from a designated trout stream
during the open season for trout in the stream. [97.4842 s. 1,
101.42 s. 9]
Sec. 6. [97C.025] [FISHING AND MOTORBOATS PROHIBITED IN
SPAWNING BEDS AND FISH PRESERVES.]
A person may not take fish from or drive motorboats over
waters designated as spawning beds or fish preserves. [101.42 s.
15]
Sec. 7. [97C.031] [LAKES WITH UNBALANCED FISH
POPULATIONS.]
The commissioner may establish and amend a list of lakes
and rivers that have been found by the director, to contain an
unbalanced fish population, or to contain species of fish that
have become stunted from overpopulation. The list may not
include more than 100 lakes and rivers, or more than six in a
county. The commissioner may, by order, establish open seasons,
limits, and methods of taking fish from lakes and rivers on the
list. The order must be published in each county containing the
lake or river. [101.47 s. 1]
Sec. 8. [97C.035] [ENDANGERED FISH POPULATIONS.]
Subdivision 1. [CONDITIONS.] If the commissioner
determines that fish in shallow waters are endangered by lack of
oxygen in the winter, or if waters will be restored with the use
of piscicides, the commissioner shall rescue the fish under
subdivision 2 or allow taking of the fish under subdivision 3.
[97.48 s. 16]
Subd. 2. [RESCUE OF FISH.] If the commissioner rescues
fish endangered by lack of oxygen in the winter, the fish may be
transferred to other waters, sold, or otherwise disposed of.
[97.48 s. 16]
Subd. 3. [TAKING OF FISH.] (a) The commissioner may, by
order, authorize residents to take fish:
(1) in any quantity;
(2) in any manner, except by use of seines, hoop nets, fyke
nets, and explosives; and
(3) for personal use only, except rough fish may be sold.
(b) In an emergency the commissioner may authorize the
taking of fish without publishing the order if notice is posted
conspicuously along the shore of the waters. [97.48 s. 16]
Sec. 9. [97C.041] [COMMISSIONER MAY REMOVE ROUGH FISH.]
The commissioner may take rough fish, lake whitefish, and
rainbow smelt with seines, nets, and other devices. The
commissioner may hire or contract persons, or issue permits, to
take the fish. The commissioner shall prescribe the manner of
taking and disposal. The commissioner may award a contract
under this section without competitive bidding. Before
establishing the contractor's compensation, the commissioner
must consider the qualifications of the contractor, including
the contractor's equipment, knowledge of the waters, and ability
to perform the work. [97.48 s. 2, 4]
Sec. 10. [97C.045] [REMOVAL OF ROUGH FISH FROM BOUNDARY
WATERS.]
The commissioner may enter into agreements with North
Dakota, South Dakota, Wisconsin, and Iowa, relating to the
removal of rough fish in boundary waters. The agreements may
include:
(1) contracting to remove rough fish;
(2) inspection of the work;
(3) the division of proceeds; and
(4) regulating the taking of rough fish. [97.48 s. 2]
Sec. 11. [97C.051] [SPECIAL PERMITS TO USE PISCICIDES.]
Subdivision 1. [PERMIT.] The commissioner may issue a
special permit, without a fee, to apply piscicides to restore
waters at the permittee's expense. The permit may be issued to
an individual, a group of riparian owners, or a lake improvement
association. The permit may only be issued if all riparian
owners have consented in writing. [98.48 s. 15]
Subd. 2. [TAKING OF FISH.] The commissioner may set
special open seasons, limits, and methods to take fish before
the piscicides are applied. The commissioner must post the
special provisions at or near the waters. [98.48 s. 15]
Sec. 12. [97C.055] [DEAD FISH REMOVAL.]
The commissioner shall remove and dispose of dead fish that
accumulate in or upon the shores of public waters in quantities
that are a public nuisance or are detrimental to game fish.
[101.46]
Sec. 13. [97C.061] [DRAGGING A WEIGHT OR AN ANCHOR THROUGH
VEGETATION.]
A person may not use a motorboat to drag an anchor or other
weight through aquatic vegetation, except by commissioner's
order. [101.42 s. 19]
Sec. 14. [97C.065] [POLLUTANTS IN WATERS.]
A person may not dispose of any substance in state waters,
or allow any substance to enter state waters, in quantities that
injure or are detrimental to the propagation of wild animals or
taint the flesh of wild animals. Each day of violation is a
separate offense. An occurring or continuous violation is a
public nuisance. An action may be brought by the attorney
general to enjoin and abate nuisance upon request of the
commissioner. This section does not apply to chemicals used for
pest control for the general welfare of the public. [101.42 s.
17]
Sec. 15. [97C.071] [PERMIT REQUIRED FOR STRUCTURE IN
PUBLIC WATERS.]
A person may not construct or maintain a dam or other
obstruction, except a boat pier, in or over public waters
without a permit from the commissioner. The commissioner may
establish permit conditions for the construction or modification
of a fishway around or over a dam or obstruction. [101.42 s. 13]
Sec. 16. [97C.075] [FISH SCREENS IN FLOWING WATERS.]
A person may not obstruct a creek, stream, or river to
prevent the passage of fish with a rack or screen without the
permission of the commissioner. The person that erected the
obstruction, or the owner of the land where the obstruction is
located, must immediately remove the obstruction upon order of
the commissioner. [101.43]
Sec. 17. [97C.081] [FISHING CONTESTS.]
Subdivision 1. [RESTRICTIONS.] A person may not conduct a
fishing contest on waters except as provided in this section.
[101.42 s. 21]
Subd. 2. [CONTESTS WITHOUT A PERMIT.] A person may conduct
a fishing contest with entry fees of $10, or less, per person
and total prizes valued at $2,000, or less, without a permit
from the commissioner. The commissioner may, by order,
establish restrictions on the fishing contest to protect fish
and fish habitat and for the safety of contest participants.
[101.42 s. 21]
Subd. 3. [CONTESTS AUTHORIZED BY COMMISSIONER.] The
commissioner may, by order or permit, allow fishing contests
with entry fees over $10 per person and total prizes valued at
more than $2,000. Permits must be issued without a fee and if
the commissioner does not deny the permit within 14 days,
excluding holidays, after receipt of an application, the permit
is granted. [101.42 s. 21]
PROPAGATION
Sec. 18. [97C.201] [STATE FISH STOCKING PROHIBITED WITHOUT
PUBLIC ACCESS.]
The commissioner and state agencies may only stock fish in
waters where there is public access. [97.485]
Sec. 19. [97C.205] [RULES FOR SPORTING ORGANIZATIONS TO
REAR AND STOCK FISH.]
The commissioner shall prescribe rules designed to
encourage local sporting organizations to propagate game fish by
using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds
by seining public waters;
(2) allow the sporting organizations to own and use seines
and other necessary equipment; and
(3) prescribe methods for stocking the fish in public
waters that give priority to the needs of the community where
the fish are reared and the desires of the organization
operating the rearing pond. [97.48 s. 20]
Sec. 20. [97C.211] [PRIVATE FISH HATCHERIES.]
Subdivision 1. [LICENSE REQUIRED.] A person may not
operate a private fish hatchery without a private fish hatchery
license. [98.46 s. 17]
Subd. 2. [RULES FOR OPERATION.] The commissioner shall
prescribe rules that allow a person to maintain and operate a
private fish hatchery to raise and dispose of fish indigenous to
state waters. [97.48 s. 22]
Subd. 3. [FISHING LICENSE NOT REQUIRED FOR PERSONS TO TAKE
FISH.] A person may take fish by angling without a fishing
license at a licensed private fish hatchery or an artificial
pool containing only fish purchased from a private fish
hatchery, if the operator of the hatchery or pool furnishes each
person catching fish a certificate prescribed by the
commissioner. The certificate must state the number and species
of the fish caught and other information as prescribed by the
commissioner. A person without a fishing license may possess,
ship, and transport within the state the fish caught in the same
manner as fish taken by a resident with a fishing license.
[97.48 s. 22]
Subd. 4. [LICENSE REQUIRED TO TAKE SUCKER EGGS.] A person
may not take sucker eggs from public waters for a private fish
hatchery without a license to do so. [98.46 s. 17]
Sec. 21. [97C.215] [SPECIAL PERMITS FOR UNITED STATES
AGENTS.]
The commissioner may issue a special permit, without a fee,
to an authorized agent of the United States to conduct fish
culture operations, rescue work, and related fishery
operations. [98.48 s. 11]
FISHING METHODS
Sec. 22. [97C.301] [LICENSE REQUIRED TO TAKE FISH.]
Subdivision 1. [REQUIREMENT.] Unless exempted under
article 1, section 62, 63, or 66, subdivision 1, a person must
have a license to take fish as provided in this section. [98.45
s. 1]
Subd. 2. [ANGLING.] A person may not take fish without an
angling license. [98.47 s. 6]
Subd. 3. [SPEARING.] A person may not take fish by
spearing from a dark house without a dark house spearing license
and an angling license. [98.47 s. 6]
Subd. 4. [NETTING.] A person may not take fish by netting
without the required license to net fish and an angling license.
[98.47 s. 6]
Sec. 23. [97C.305] [TROUT AND SALMON STAMP.]
A person over age 16 and under age 65 required to possess
an angling license must have a trout and salmon stamp in
possession to take fish by angling in:
(1) a stream designated by the commissioner as a trout
stream;
(2) a lake designated by the commissioner as a trout lake;
or
(3) Lake Superior. [97.4842 s. 1]
Sec. 24. [97C.311] [LAKE SUPERIOR FISHING GUIDE LICENSE.]
A person may not operate a charter boat and guide anglers
on Lake Superior for compensation without a Lake Superior
fishing guide license. The commissioner shall prescribe rules
for qualification and issuance of the licenses. [98.457]
Sec. 25. [97C.315] [ANGLING LINES AND HOOKS.]
Subdivision 1. [LINES.] An angler may not use more than
one line except:
(1) two lines may be used to take fish through the ice; and
(2) the commissioner may, by order, authorize the use of
two lines in areas designated by the commissioner in Lake
Superior. [97.40 s. 32, 101.41 s. 2, 2a]
Subd. 2. [HOOKS.] An angler may not have more than one
hook on a line, except:
(1) three artificial flies may be on a line used to take
largemouth bass, smallmouth bass, trout, crappies, sunfish, and
rock bass; and
(2) a single artificial bait may contain more than one
hook. [97.40 s. 32, 101.42 s. 2]
Sec. 26. [97C.321] [RESTRICTIONS ON UNATTENDED LINES.]
Subdivision 1. [GENERAL PROHIBITION.] A person may not
take fish by angling with a set line or an unattended line
except as provided in this section and section 60. [101.42 s.
20]
Subd. 2. [ICE FISHING.] A person may use an unattended
line to take fish through the ice if:
(1) the person is within sight of the line; or
(2) a tip-up is attached to the line and the person is
within 80 feet of the tip-up. [101.42 s. 20]
Sec. 27. [97C.325] [PROHIBITED METHODS OF TAKING FISH.]
(a) Except as specifically authorized, a person may not
take fish with:
(1) explosives, chemicals, drugs, poisons, lime, medicated
bait, fish berries, or other similar substances;
(2) substances or devices that kill, stun, or affect the
nervous system of fish;
(3) nets, traps, trot lines, or snares; or
(4) spring devices that impale, hook, or capture fish.
(b) If a person that possesses a substance or device listed
in paragraph (a) on waters, shores, or islands, it is
presumptive evidence that the person is in violation of this
section. [101.42 s. 11]
Sec. 28. [97C.331] [SNAGGING FISH PROHIBITED.]
A person may not take fish with a snagline, snagpole,
snaghook, or cluster of fish hooks, designed to be placed in or
drawn through the water to hook the body of a fish. [101.42 s.
4]
Sec. 29. [97C.335] [USE OF ARTIFICIAL LIGHTS TO TAKE FISH
PROHIBITED.]
A person may not use artificial lights to lure or attract
fish, or to see fish in the water while spearing. [101.42 s. 3]
Sec. 30. [97C.341] [CERTAIN FISH PROHIBITED FOR BAIT.]
A person may not use live minnows imported from outside of
the state, game fish, gold fish, or carp for bait. [101.42 s.
6]
Sec. 31. [97C.345] [RESTRICTIONS ON USE AND POSSESSION OF
NETS AND SPEARS.]
Subdivision 1. [PERIOD WHEN USE PROHIBITED.] Except as
specifically authorized, a person may not take fish from
February 16 to April 30 with a spear, fish trap, net, dip net,
seine, or other device capable of taking fish. [101.42 s. 18]
Subd. 2. [POSSESSION.] (a) Except as specifically
authorized, a person may not possess a spear, fish trap, net,
dip net, seine, or other device capable of taking fish on or
near any waters. Possession includes personal possession and in
a vehicle.
(b) A person may possess spears, dip nets, bows and arrows,
and spear guns allowed under section 38 on or near waters
between sunrise and sunset after April 30. [101.42 s. 18]
Subd. 3. [DIP NETS.] A person may possess and use a dip
net between one hour before sunrise and one hour after sunset
after April 30. [101.42 s. 18a]
Subd. 4. [EXCEPTIONS.] This section does not apply to:
(1) nets used to take rainbow smelt during the open season;
(2) nets used to land game fish taken by angling;
(3) seines or traps used for the taking of minnows for bait;
and
(4) angling equipment. [101.42 s. 18, 18a]
Sec. 32. [97C.351] [FISH NETS MUST HAVE TAG ATTACHED.]
A person may not possess a fish net unless specifically
authorized or a metal tag is attached bearing the name and
address of the owner when the net is not in use and the name and
address of the operator when the net is in use, as prescribed by
the commissioner. This section does not apply to minnow nets,
landing nets, dip nets, and nets in stock for sale by dealers.
[101.42 s. 12]
Sec. 33. [97C.355] [DARK HOUSES AND FISH HOUSES.]
Subdivision 1. [IDENTIFICATION REQUIRED.] All shelters on
the ice of state waters, including dark houses and fish houses,
must have the name and address of an owner legibly painted on
the exterior in letters with characters at least three inches
high. [101.42 s. 16]
Subd. 2. [LICENSE REQUIRED.] A person may not take fish
from a dark house or fish house unless the house is licensed and
has a metal license tag attached to the exterior as prescribed
by the commissioner. The commissioner must issue a metal tag
that is at least two inches in diameter with a 3/16 inch hole in
the center with a dark house or fish house license. The metal
tag must be stamped with a number to correspond with the license
and the year of issue. [98.46 s. 5] [101.42 s. 16]
Subd. 3. [DOOR MUST OPEN FROM OUTSIDE.] A person may not
use a dark house or fish house unless the door is constructed so
that it can be opened from the outside when it is in use.
[101.42 s. 16]
Subd. 4. [DISTANCE BETWEEN HOUSES.] A person may not erect
a dark house or fish house within ten feet of an existing dark
house or fish house. [101.42 s. 16]
Subd. 5. [BURNING OF STRUCTURES.] A person may not burn a
structure on the ice of state waters without permission of the
commissioner. The commissioner may allow burning only after
determining that the structure cannot be removed from the ice by
another reasonable manner. The owner must remove the remains of
the burned structure from the ice. [101.42 s. 16]
Subd. 6. [RESTRICTIONS FOR NONRESIDENTS.] A nonresident
may only obtain a license for a fish house that is collapsible
and portable, and the house may not be unattended. [98.46 s. 15]
Subd. 7. [DATES AND TIMES HOUSES MAY REMAIN ON ICE.] (a)
After February 28, a fish house or dark house may not be on the
ice between 12:00 a.m. and 7:00 a.m. A fish house or dark house
on the ice in violation of this subdivision is subject to the
enforcement provisions of paragraph (b). The commissioner may,
by order, extend the date beyond February 28 for any part of
international boundary waters. Copies of the order must be
conspicuously posted on the shores of the waters as prescribed
by the commissioner. [101.42 s. 16]
(b) A conservation officer must confiscate a fish house or
dark house in violation of paragraph (a). The officer may
remove, burn, or destroy the house. The officer shall seize the
contents of the house and hold them for 60 days. If the seized
articles have not been claimed by the owner, they may be
retained for the use of the division or sold at the highest
price obtainable in a manner prescribed by the commissioner.
[101.42 s. 16]
Subd. 8. [CONFISCATION OF UNLAWFUL STRUCTURES.] Structures
on the ice in violation of this section may be confiscated and
disposed of, retained by the division, or sold at the highest
price obtainable, in a manner prescribed by the commissioner.
[101.42 s. 16]
Sec. 34. [97C.361] [RESTRICTIONS ON FISH HOUSES AND DARK
HOUSES IN THE BOUNDARY WATERS CANOE AREA.]
A person may only use a portable fish house or dark house
within the boundary waters canoe area. The house must be
removed from the waters and collapsed or disassembled each
night. The house may not remain in the boundary waters canoe
area if the person leaves the boundary waters canoe area.
[101.425]
Sec. 35. [97C.365] [SPEARS PROHIBITED WHILE ANGLING IN
FISH HOUSE OR DARK HOUSE.]
A person may not have a spear within a dark house or fish
house while angling. [101.42 s. 16]
Sec. 36. [97C.371] [SPEARING FISH.]
Subdivision 1. [SPECIES ALLOWED.] Only rough fish,
catfish, lake whitefish, and northern pike may be taken by
spearing. [101.41 s. 4]
Subd. 2. [DARK HOUSES REQUIRED FOR CERTAIN SPECIES.]
Catfish, lake whitefish, and northern pike may be speared only
from dark houses. [101.41 s. 4]
Subd. 3. [RESTRICTIONS WHILE SPEARING FROM DARK HOUSE.] A
person may not take fish by angling or the use of tip-ups while
spearing fish in a dark house. [101.42 s. 20]
Subd. 4. [OPEN SEASON.] The open season for spearing
through the ice is December 1 to February 15. [101.41 s. 4]
Sec. 37. [97C.375] [TAKING ROUGH FISH BY SPEARING OR
ARCHERY.]
A resident may take rough fish by spearing or archery
during the times, in waters, and in the manner prescribed by the
commissioner. [101.411]
Sec. 38. [97C.381] [HARPOONING ROUGH FISH.]
A resident may use a rubber powered gun, spring gun, or
compressed air gun to take rough fish by harpooning. The
harpoon must be fastened to a line not more than 20 feet long.
The commissioner may prescribe the times, the waters, and the
manner for harpooning rough fish. [101.51]
Sec. 39. [97C.385] [COMMISSIONER'S AUTHORITY TO REGULATE
WINTER FISHING.]
Subdivision 1. [SUMMER ANGLING SEASON TO BE CLOSED IN SAME
PROPORTION.] If the commissioner closes the statutory open
season for the spearing of a game fish species in any waters,
the commissioner must, in the same order, close the following
statutory open season for angling for the same species in the
waters in the same proportion. [97.48 s. 1]
Subd. 2. [SUMMER ANGLING LIMITS MUST BE SAME AS SPEARING.]
If the commissioner reduces the limit of a species of game fish
taken by spearing in any waters under article 1, section 8,
subdivision 2, the commissioner must reduce the limit for taking
of the species by angling in the waters during the following
open season for angling. [97.48 s. 1]
Subd. 3. [CLOSING LAKES AND STREAMS IN A COUNTY.] The
commissioner may not close the open season for taking game fish
through the ice on more than 50 percent of the named lakes or
streams of a county under article 1, section 8, subdivision 2.
[97.48 s. 1]
Sec. 40. [97C.391] [BUYING AND SELLING FISH.]
Subdivision 1. [GENERAL RESTRICTIONS.] A person may not
buy or sell fish taken from the waters of this state, except:
(1) minnows;
(2) rough fish excluding ciscoes;
(3) fish taken under licensed commercial fishing operations;
(4) fish raised in a private hatchery that are tagged or
labeled as prescribed by the commissioner; and
(5) fish lawfully taken and subject to sale from other
states and countries. [101.41 s. 4; 101.42 s. 3]
Subd. 2. [RESTRICTIONS ON CERTAIN GAME FISH.] Largemouth
bass, smallmouth bass, rock bass, muskellunge, and sunfish may
not be bought or sold unless bought or sold by a private
hatchery to stock waters for recreational fishing as prescribed
by the commissioner. [101.42 s. 7]
Sec. 41. [97C.395] [OPEN SEASONS FOR ANGLING.]
Subdivision 1. [DATES FOR CERTAIN SPECIES.] The open
seasons to take fish by angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge,
largemouth bass, and smallmouth bass, from May 15 to the third
Monday in February;
(2) for lake trout, from January 1 to October 31;
(3) for brown trout, brook trout, rainbow trout, and
splake, between January 1 to October 31 as prescribed by the
commissioner by order except as provided in section 45,
subdivision 2; and
(4) for salmon, as prescribed by the commissioner by order.
[101.41 s. 2; 101.50]
Subd. 2. [CONTINUOUS SEASON FOR CERTAIN SPECIES.] For
sunfish, white crappie, black crappie, yellow perch, catfish,
rock bass, white bass, lake whitefish, and rough fish, the open
season is continuous. [101.41 s. 2]
Sec. 42. [97C.401] [COMMISSIONER AUTHORIZED TO PRESCRIBE
LIMITS.]
Unless otherwise provided in this chapter, the commissioner
shall, by order, prescribe the limits on the number of each
species of fish that may be taken in one day and the number that
may be possessed. [101.41 s. 6]
Sec. 43. [97C.405] [MUSKELLUNGE SIZE LIMITS.]
(a) Except as allowed under paragraph (b), if a person
catches a muskellunge less than 36 inches long in waters north
of trunk highway No. 210, the person must immediately release
the fish into the waters.
(b) The commissioner may designate lakes north of trunk
highway No. 210 where muskellunge less than 36 inches, but not
less than 30 inches long, may be retained. [101.42 s. 1a]
Sec. 44. [97C.411] [STURGEON AND PADDLEFISH.]
Lake sturgeon, shovelnose sturgeon, and paddlefish may not
be taken, bought, sold, transported or possessed except as
provided by order of the commissioner. The commissioner may
only allow the taking of these fish in waters that the state
boundary passes through except that an order that applies to the
St. Croix river must also apply to its tributaries. [101.41 s.
1]
Sec. 45. [97C.415] [TROUT AND SALMON.]
Subdivision 1. [HOURS FOR TAKING TROUT RESTRICTED.] A
person may not take trout, except lake trout between 11:00 p.m.
and one hour before sunrise. [101.42 s. 8]
Subd. 2. [LAKE SUPERIOR STREAMS.] The commissioner may
prescribe the open season and conditions for taking brook trout,
brown trout, rainbow trout, steelhead trout, and salmon in any
portion of a stream that flows into Lake Superior. [101.48]
Subd. 3. [SALMON.] The commissioner may prescribe, by
order, the method of taking and possessing salmon. [101.50]
MINNOWS
Sec. 46. [97C.501] [MINNOW LICENSES REQUIRED.]
Subdivision 1. [MINNOW RETAILERS.] (a) A person may not be
a minnow retailer without a minnow retailer license except as
provided in subdivision 3. [98.46 s. 17]
(b) A minnow retailer must obtain a minnow retailer's
vehicle license for each motor vehicle used by the minnow
retailer to transport more than 12 dozen minnows to the minnow
retailer's place of business, except as provided in subdivision
3. [97.40 s. 27; 98.46 s. 17(1)]
Subd. 2. [MINNOW DEALERS.] (a) A person may not be a
minnow dealer without a minnow dealer license except as provided
in subdivision 3.
(b) A minnow dealer must obtain a minnow dealer's helper
license for each person employed to take, buy, sell, or
transport minnows by the minnow dealer. The minnow dealer may
transfer a helper's license from a former helper to a new helper.
(c) A minnow dealer must obtain a minnow dealer's vehicle
license for each motor vehicle used to transport minnows. The
serial number, motor vehicle license number, make, and model
must be on the license. The license must be conspicuously
displayed in the vehicle.
(d) A minnow dealer may not transport minnows out of the
state without an exporting minnow dealer license. A minnow
dealer must obtain an exporting minnow dealer's vehicle license
for each motor vehicle used to transport minnows out of the
state. The serial number, motor vehicle license number, make,
and model must be on the license. The license must be
conspicuously displayed in the vehicle. [98.46 s. 5]
Subd. 3. [LICENSE EXEMPTION FOR MINORS SELLING LEECHES.] A
resident under age 18 may take leeches, sell leeches at retail,
and transport leeches without a minnow retailer or dealer
license. [97.40 s. 12]
Subd. 4. [NONRESIDENT MINNOW HAULERS.] (a) A nonresident
may not transport minnows in a motor vehicle without an
exporting minnow hauler license. [97.45 s. 15, 98.46 s. 5a]
(b) A nonresident must obtain an exporting minnow hauler's
vehicle license for the motor vehicle used to transport
minnows. The serial number, motor vehicle license number, make,
and model must be on the license. The license must be
conspicuously displayed in the vehicle. [98.46 s. 5a]
(c) Only one nonresident motor vehicle license may be
issued to an exporting minnow hauler. [98.46 s. 5a]
Sec. 47. [97C.505] [MINNOWS.]
Subdivision 1. [AUTHORITY TO TAKE, POSSESS, BUY, AND
SELL.] Minnows may be taken, possessed, bought, and sold,
subject to the restrictions in this chapter. [101.41 s. 4]
Subd. 2. [CONTINUOUS OPEN SEASON.] The open season for
taking minnows is continuous, except as provided in subdivisions
3 and 4. [101.41 s. 4]
Subd. 3. [CLOSING WATERS.] The commissioner may close any
state waters for commercially taking minnows if a survey is
conducted and the commissioner determines it is necessary to
close the waters to prevent depletion or extinction of the
minnows. [97.48 s. 6]
Subd. 4. [HOURS OF TAKING.] A person may not take minnows
from one hour after sunset to one hour before sunrise. [101.42
s. 5]
Subd. 5. [RESTRICTIONS ON TAKING FROM TROUT WATERS.] A
person may not take minnows from designated trout lakes or trout
streams without a special permit issued by the commissioner.
[101.42 s. 5]
Subd. 6. [APPROVED EQUIPMENT REQUIRED.] A person must use
equipment approved by the commissioner to possess or transport
minnows for sale. [101.42 s. 5]
Sec. 48. [97C.511] [MINNOW SEINES.]
Subdivision 1. [SIZE RESTRICTIONS.] Except as provided in
subdivision 2, a person may not take minnows with a seine longer
than 25 feet, and deeper than:
(1) 148 meshes of 1/4 inch bar measure;
(2) 197 meshes of 3/16 inch bar measure; or
(3) four feet of material of less than 3/16 inch bar
measure. [101.42 s. 5]
Subd. 2. [LICENSED MINNOW DEALERS.] A minnow dealer may
take minnows with a seine that is not longer than 50 feet, and
not deeper than:
(1) 222 meshes of 1/4 inch bar measure;
(2) 296 meshes of 3/16 inch bar measure; or
(3) six feet of material of less than 3/16 inch bar measure.
[101.42 s. 5]
Sec. 49. [97C.515] [IMPORTED MINNOWS.]
Subdivision 1. [GENERAL PROHIBITION.] A person may not
bring live minnows into the state except as provided in this
section. [101.42 s. 6]
Subd. 2. [PERMIT FOR TRANSPORTATION.] A person may
transport minnows through the state with a permit from the
commissioner. The permit must state the name and address of the
person, the number and species of minnows, the point of entry
into the state, the destination, and the route through the
state. The permit is not valid for more than 12 hours after it
is issued. [101.42 s. 6]
Subd. 3. [USE IN HOME AQUARIUMS ALLOWED.] A person may
bring live minnows into the state for home aquariums. [101.42
s. 6]
Sec. 50. [97C.521] [TRANSPORTATION OF CARP FINGERLINGS
PROHIBITED.]
A person may not transport live carp fingerlings. [101.42
s. 6]
Sec. 51. [97C.525] [RESTRICTIONS ON TRANSPORTATION OF
MINNOWS.]
Subdivision 1. [APPLICABILITY.] This section does not
apply to the transportation of 24 dozen minnows, or less, or to
transportation with a permit issued under section 49,
subdivision 2. [97.45 s. 15]
Subd. 2. [TRANSPORTING OUT OF THE STATE.] A person may not
transport minnows out of the state, except as provided in this
section. [97.45 s. 15]
Subd. 3. [MINNOW DEALERS AND HAULERS.] A resident minnow
dealer or a nonresident exporting minnow hauler may transport
leeches, suckers, and fathead minnows out of the state. A
nonresident exporting minnow hauler must possess a bill of
lading issued by a minnow dealer with an exporting minnow
dealer's license. The bill of lading must be on a form
furnished by the commissioner and must state the exporting
minnow hauler's name and address, the route through the state,
number and species of minnows, and the time it was issued.
[97.45 s. 15]
Subd. 4. [MINNOW RETAILERS.] A minnow retailer
transporting minnows from a place of wholesale purchase to the
retailer's place of business must use the most reasonably direct
route. [97.45 s. 15]
Subd. 5. [OUT OF STATE VEHICLES.] The exporting minnow
hauler must transport the minnows out of the state within 24
hours of the time of issuance stated on the bill of lading. A
person may not transport minnows in a motor vehicle licensed in
another state without an exporting minnow hauler's vehicle
license. [97.45 s. 15, 98.46 s. 5]
AMPHIBIANS
Sec. 52. [97C.601] [FROGS.]
Subdivision 1. [SEASON.] The open season for frogs is May
16 to March 31. The commissioner may, by order, establish
closed seasons in specified areas. [101.44]
Subd. 2. [LICENSE REQUIRED.] (a) A person may not take or
possess frogs without an angling license if the person is
required to have an angling license to take fish.
(b) A person may not purchase, possess, and transport frogs
for purposes other than bait without a license to purchase,
possess, and transport frogs.
(c) A person may not take, possess, transport, and sell
frogs for purposes other than bait without a license to take,
possess, transport, and sell frogs. [101.44]
Subd. 3. [TAKING WITH CLOTH SCREENS PROHIBITED.] A person
may not use cloth screens or similar devices to take frogs.
[101.44]
Subd. 4. [TAKING WITH ARTIFICIAL LIGHTS.] The commissioner
may issue permits to take frogs with the use of artificial
lights in waters designated in the permit. [97.48 s. 21]
Subd. 5. [LIMITS.] (a) A person may possess frogs, up to
six inches long, without limit if the frogs are possessed,
bought, sold, and transported for bait.
(b) Unless the commissioner prescribes otherwise, a person
may possess frogs over six inches long and:
(1) transport the frogs, except by common carrier; and
(2) sell the frogs in any quantity during the open season.
(c) The length of a frog is measured from the tip of the
nose to the tip of the hind toes, with the legs fully extended.
[101.44]
Subd. 6. [BUYING AND SELLING FOR PURPOSES OTHER THAN
BAIT.] The commissioner shall prescribe rules for buying,
selling, possessing, and transporting frogs for purposes other
than bait. [101.44]
Subd. 7. [FOR HUMAN CONSUMPTION.] The commissioner may
issue permits for importing, raising, and selling frogs for
human consumption. [101.441]
Sec. 53. [97C.605] [TURTLES.]
Subdivision 1. [LICENSE REQUIRED.] A person may not take,
possess, buy, sell, or transport turtles without an angling
license. [101.45]
Subd. 2. [SALES LICENSE.] A person may not take,
transport, or purchase unprocessed turtles for sale without a
turtle seller's license. A person with a turtle seller's
license may take turtles for sale as prescribed by the
commissioner. [101.45]
Subd. 3. [TAKING; METHODS PROHIBITED.] A person may take
turtles in any manner, except by use of explosives, drugs,
poisons, lime, and other harmful substances, or by the use of
traps or nets other than landing nets. [101.45]
Subd. 4. [ARTIFICIAL LIGHTS.] The commissioner may issue
permits to take turtles with the use of artificial lights in
designated waters. [97.48 s. 21]
Sec. 54. [97C.611] [SNAPPING TURTLES; LIMITS.]
A person may not possess more than ten snapping turtles of
the species Chelydra serpentina. The size of the turtles must
have a dorsal surface of the shell that measures at least ten
inches long. [101.45]
Sec. 55. [97C.615] [COMMISSIONER MAY REMOVE TURTLES.]
The commissioner may take turtles with seines, nets, and
other devices. The commissioner may hire or contract persons,
or issue permits, to take the turtles. The commissioner shall
prescribe the manner of taking and disposal. The commissioner
may award a contract under this section without competitive
bidding. Before establishing the contractor's compensation, the
commissioner must consider the qualifications of the contractor,
including the contractor's equipment, knowledge of the waters,
and ability to perform the work. [97.48 s. 4]
Sec. 56. [97C.621] [AREAS MAY BE CLOSED TO TAKING
TURTLES.]
The commissioner may prohibit the taking of turtles from
state waters where operations are being conducted to aid fish
propagation. [97.48 s. 17]
MUSSELS AND CLAMS
Sec. 57. [97C.701] [TAKING MUSSELS.]
Subdivision 1. [COMMISSIONER'S AUTHORITY.] The
commissioner may prescribe conditions for taking mussels.
[97.48 s. 5]
Subd. 2. [USE OF BOATS TO TAKE MUSSELS.] A person may not
use more than one boat or rig to take mussels except a boat for
towing without a mussel-taking apparatus attached. [102.24 s. 2]
Subd. 3. [NUMBER AND SIZE OF BARS RESTRICTED.] While
taking mussels a person may not:
(1) possess more than four crow-foot bars or bars having
hooks attached;
(2) have more than two bars in the water; or
(3) use bars longer than 20 feet in length. [102.24 s. 2]
Subd. 4. [DREDGES; RESTRICTIONS.] A person may only use
one dredging apparatus to take mussels. The dredge openings may
not be greater than three feet or have prongs longer than four
inches. [102.24 s. 2]
Subd. 5. [PITCHFORKS PERMITTED FOR CLAM SHELLS.] A person
may use a pitchfork to gather clam shells. [102.24 s. 2]
Subd. 6. [POSSESSION, SALE, AND TRANSPORTATION.] Mussels
and clams may be possessed, bought, sold, and transported in any
quantity during the open season and seven days after the season
closes. [102.23]
Sec. 58. [97C.705] [MUSSEL SEASONS.]
Subdivision 1. [OPEN SEASON.] The open season for taking
mussels is from May 16 to the last day of February. [102.24 s.
1]
Subd. 2. [CLOSED AREAS.] The commissioner may close up to
50 percent of the mussel producing waters of the state to the
taking of mussels. [97.48 s. 5]
Sec. 59. [97C.711] [MUSSEL SIZE LIMITS.]
A person may not take mussels less than one and
three-fourths inches in the greatest dimension, except pigtoes.
A person must return undersized mussels to the water without
injury. [102.24 s. 1, 2]
NETTING AND COMMERCIAL FISHING
Sec. 60. [97C.801] [TAKING ROUGH FISH ON MISSISSIPPI AND
MINNESOTA RIVERS.]
Subdivision 1. [ROUGH FISH ON MINNESOTA AND MISSISSIPPI
RIVERS.] (a) A license is required to take rough fish by set
line in the Minnesota river from Mankato to its junction with
the Mississippi river, and in the Mississippi river from St.
Anthony Falls to the St. Croix junction. [98.46 s. 9]
(b) A person may use only one set line to take rough fish
in the Minnesota river from Mankato to its junction with the
Mississippi river, and in the Mississippi river from St. Anthony
Falls to the St. Croix river junction, and the set line must:
(1) have not more than ten hooks;
(2) be set only in the flowing waters of the river;
(3) staked only at one end; and
(4) remain at the location designated in the application
for license unless approval of the commissioner has been given
to change the location. [102.25 s. 2]
(c) Notwithstanding section 40, subdivision 1, rough fish
taken under this subdivision may not be bought or sold. [98.46
s. 9]
Subd. 2. [COMMERCIAL FISH NETTING AND SET LINES ON
MISSISSIPPI RIVER.] (a) A license is required to commercially
take rough fish with seines and set lines in the Mississippi
river from the St. Croix river junction to St. Anthony Falls.
[98.46 s. 7, 8]
(b) A person may take rough fish in the Mississippi river,
from the St. Croix river junction to St. Anthony Falls, only
with the following equipment and methods:
(1) operations shall be conducted only in the flowing
waters of the river and in tributary backwaters prescribed by
the commissioner;
(2) only one set line may be used that has an
identification tag and not more than 100 hooks;
(3) seines may be used only as prescribed by the
commissioner;
(4) seines must be hauled to a landing immediately after
being placed;
(5) two seines may not be joined together in the water;
(6) a net may not be raised, laid out, or landed, between
sunset and sunrise; and
(7) the location of a net or seine may not be changed from
the place specified in the license application without notifying
the commissioner of the proposed change. [102.25 s. 1]
Sec. 61. [97C.805] [NETTING OF LAKE WHITEFISH AND
CISCOES.]
Subdivision 1. [OPEN SEASON.] The commissioner shall, by
order, prescribe the open season and open state waters for
netting lake whitefish and ciscoes. The commissioner may
prescribe that the date for the open season to begin is prior to
the effective date of the order under article 1, section 9, if
the commissioner posts notice of the date and time in
appropriate public places at least 48 hours before the open
season begins. [97.53 s. 3, 101.41 s. 5]
Subd. 2. [RESTRICTIONS.] (a) The netting of lake
whitefish and ciscoes is subject to the restrictions in this
subdivision.
(b) A person may not use:
(1) more than two nets;
(2) a net more than 100 feet long; or
(3) a net more than three feet wide.
(c) The mesh size of the nets may not be less than:
(1) one and three-fourths inches, extension measure, for
nets used to take ciscoes in Lake Superior; and
(2) three and one-half inches, extension measure, for all
other nets.
(d) A net may not be set in water, including ice thickness,
deeper than six feet.
(e) The commissioner may designate waters where nets may be
set so that portions of the net extend into water deeper than
six feet under conditions prescribed by the commissioner to
protect game fish. A pole or stake must project at least two
feet above the surface of the water or ice at one end of each
net.
(f) A net may not be set within 50 feet of another net.
[101.41 s. 5]
Subd. 3. [FISH MAY NOT BE SOLD.] Notwithstanding section
40, subdivision 1, lake whitefish and ciscoes taken under this
section may not be bought or sold. [101.41, s. 5]
Subd. 4. [NO LIMIT ON ROUGH FISH NETTED.] Lake whitefish
and ciscoes taken under this section may be taken and possessed
without limit. Rough fish caught while netting may be retained.
[101.41 s. 5]
Sec. 62. [97C.811] [COMMERCIAL FISHING IN INLAND WATERS.]
Subdivision 1. [INLAND WATERS DEFINED.] For the purposes
of this section and article 1, section 68, subdivision 30,
"inland waters" means all waters entirely located within the
boundaries of the state and the border waters between Minnesota
and North Dakota, South Dakota and Iowa, excluding those waters
described in section 60. [102.285 s. 1]
Subd. 2. [COMMERCIAL FISH DEFINED.] For purposes of this
section and article 1, section 68, subdivision 30, "commercial
fish" are carp; bowfin; burbot; ciscoe; goldeye; rainbow smelt;
black bullhead, brown bullhead, and yellow bullhead; lake
whitefish; members of the sucker family, Catostomidae, including
white sucker, redhorse, bigmouth buffalo, and smallmouth
buffalo; members of the drum family, Sciaenidae, including
sheepshead; and members of the gar family, Lepisosteidae.
[102.285 s. 1]
Subd. 3. [REGULATION.] The commissioner shall, by order,
regulate the taking, possession, transportation, and sale of
commercial fish, and the licensing of commercial fishing
operators in inland waters. [102.285 s. 1]
Subd. 4. [LICENSES REQUIRED.] A person may not
commercially fish inland waters without a commercial fishing
license. Nonresidents may only be licensed to fish waters not
previously assigned to residents. In the license application
the applicant must list the number of feet of seine of each
depth to be licensed. [98.46 s. 9a, 100.285 s. 1]
Subd. 5. [SEASON.] Licenses to net commercial fish in
inland waters are issued to residents and nonresidents annually
subject to this section and shall be valid for commercial
fishing during the open season for commercial fishing in inland
waters from the day after Labor Day to the day before the open
season for walleye. [98.46 s. 9a]
Subd. 6. [LICENSE INVALIDATION.] (a) A license to take
commercial fish is void upon:
(1) the licensee's death;
(2) sale of the commercial fishing business;
(3) removal of the commercial fishing business from the
state;
(4) conviction of two or more violations of inland
commercial fishing laws within a license period; or
(5) failure to apply for a new or renewal license prior to
June 15 of any year.
(b) A commercial inland fishing license is not subject to
the license revocation provisions of article 1, section 57.
Commercial fishing rights and area assignments covered by a
license that becomes void reverts to the commissioner for
reassignment. [102.285 s. 6]
Subd. 7. [MONTHLY REPORTS.] A licensed inland commercial
fishing operator shall submit a report on the licensed
activities the operator was engaged in to the commissioner each
month. The report must be on a form provided by the
commissioner and submitted prior to the 15th day of the
following month. The report shall be submitted whether fishing
activity took place unless the operator has a written release
from this obligation signed by the commissioner. [102.285 s. 5]
Sec. 63. [97C.815] [COMMERCIAL FISHING AREAS.]
Subdivision 1. [DESIGNATION.] The commissioner shall
specify inland commercial fishing areas, taking into account the
amount, size, and proximity of waters specified, the species to
be removed, and the type and quantity of fishing gear and
equipment necessary to provide an adequate removal effort. The
commissioner may change inland commercial fishing area
boundaries by order prior to a new licensing period. [102.285
s. 2]
Subd. 2. [ASSIGNMENT.] The commissioner shall assign
licensed inland commercial fishing operators to commercial
fishing areas and each operator shall be obligated to fish in
the area that the commissioner has assigned to them. The
commissioner's assignment shall be valid as long as the assigned
operator continues to purchase a license, continues to provide
an adequate removal effort in a good and professional manner,
and is not convicted of two or more violations of laws or rules
governing inland commercial fishing operations during any one
license period. In the operator assignment, the commissioner
shall consider the proximity of the operator to the area, the
type and quantity of fish gear and equipment possessed,
knowledge of the affected waters, and general ability to perform
the work well. [102.285 s. 3]
Subd. 3. [UNUSED AREAS.] If an area is not assigned, or
the operator licensed for the area is not fishing that area, the
commissioner may issue a special inland commercial fishing
permit for the area. The permit may be issued to an individual
holding a valid inland commercial fishing license. The permit
must describe the specific waters involved, the county, the
species to be removed, the equipment to be used, and the time
period of the total operation. [102.285 s. 4]
Subd. 4. [INLAND COMMERCIAL FISHING TRADE ASSOCIATION;
LICENSE PROBLEMS.] The commissioner shall consult with
representatives of the inland commercial fishing trade
association when disagreements arise in the areas of license
issuance, problems with performance pursuant to the license,
area assignments, and the entry of new commercial fishing
operators into the inland commercial fishery. [102.285 s. 7]
Sec. 64. [97C.821] [POSSESSION, SALE, AND TRANSPORTATION
OF COMMERCIAL FISH.]
Subject to the applicable provisions of the game and fish
laws, fish taken under commercial fishing licenses may be
possessed in any quantity, bought, sold, and transported during
the open seasons provided for the fish, and for seven days after
the season closes. Fish frozen or cured during the open season
may be transported, bought, and sold at any time. [102.23]
Sec. 65. [97C.825] [LAKE OF THE WOODS AND RAINY LAKE
FISHING.]
Subdivision 1. [NEW COMMERCIAL FISHING LICENSES
PROHIBITED.] The commissioner may not issue a new commercial
fishing license that allows netting of game fish on Lake of the
Woods and Rainy Lake. [102.235]
Subd. 2. [RESTRICTIONS ON FISH AND NETS.] The following
regulations and restrictions shall apply to all commercial
fishing operations conducted in Lake of the Woods and Rainy Lake
unless otherwise changed by order of the commissioner under
authority of article 1, section 8, subdivision 4:
(a) Any fish, except largemouth bass, smallmouth bass, rock
bass, muskellunge, crappies, sturgeon, and sunfish, may be taken
subject to all other restrictions contained in the game and fish
laws.
(b) Pound net mesh and staked trap net mesh may not be less
than two and one-half inches nor more than four inches stretch
measure in the pound or crib.
(c) Gill net mesh may not be less than four inches stretch
measure, and may not be more than 30 meshes in width.
(d) Fyke net mesh may not be less than two and one-half
inches nor more than four inches stretch measure in the pot or
crib. Fyke nets may not have a hoop or opening more than six
feet in height, wings more than 100 feet in length, nor a lead
more than 400 feet in length.
(e) Submerged trap net mesh may not be less than two and
one-half inches nor more than three inches stretch measure in
the heart, pot, or crib. A submerged trap net may not have a
pot or crib exceeding 150 square feet in area, a lead exceeding
300 feet in length, nor a pot or lead exceeding 12 feet in depth.
[102.26 s. 1]
Subd. 3. [NET LIMITS FOR INDIVIDUAL OPERATORS.] A person
may not operate more than six pound nets, 4,000 feet of gill
nets, eight submerged trap nets, ten fyke or staked trap nets,
or one pound net station. [102.26 s. 2]
Subd. 4. [NET LOCATION.] Nets may only be set at a place
consented to by the commissioner. [102.26 s. 2]
Subd. 5. [NET LIMITS FOR LAKE OF THE WOODS AND RAINY
LAKE.] The maximum amount of nets permitted to be licensed shall
be:
(a) In Lake of the Woods, 50-pound nets, 80,000 feet of
gill nets or 160 submerged trap nets, and 80 fyke or staked trap
nets. Licenses for submerged trap nets may be issued instead of
licenses for gill nets in the ratio of not more than one
submerged trap net per 500 feet of gill net, and the maximum
permissible amount of gill nets shall be reduced by 500 feet for
each submerged trap net licensed.
(b) In Rainy Lake, 20-pound nets and 20,000 feet of gill
nets.
(c) When a licensee has had a license revoked or
surrendered, the commissioner shall not be required to issue
licenses for the amount of netting previously authorized under
the revoked or surrendered license.
(d) Commercial fishing may be prohibited in the Minnesota
portions of international waters when it is prohibited in the
international waters by Canadian authorities.
(e) The commissioner may adopt rules to limit the total
amount of game fish taken by commercial fishing operators in
Lake of the Woods in any one season and shall apportion the
amount to each licensee in accordance with the number and length
of nets licensed. [102.26 s. 3]
Subd. 6. [WALLEYE LIMITS, LAKE OF THE WOODS.] The
commissioner shall limit the maximum poundage of walleye that
may be taken by commercial fishing operators in Lake of the
Woods in any one season on the following schedule:
SEASONAL COMMERCIAL
YEAR WALLEYE TAKE IN POUNDS
1984 164,000
1985 150,000
1986 135,000
1987 120,000
1988 100,000
1989 80,000
1990 60,000
1991 30,000
1992 0
The allocation of walleye poundage among the licensees
shall be determined by order of the commissioner. [102.26 s.
3a]
Subd. 7. [WALLEYE LIMITS; RAINY LAKE.] The commissioner
shall limit the maximum poundage of walleye that may be taken by
commercial fishing operators in Rainy Lake in any one season on
the following schedule:
SEASONAL COMMERCIAL
YEAR WALLEYE TAKE IN POUNDS
1984 14,500
1985 12,500
1986 10,500
1987 8,500
1988 6,500
1989 4,500
1990 2,500
1991 1,000
1992 0
The seasonal commercial walleye take in pounds in Rainy
Lake shall be allocated among the licensees by order of the
commissioner. [102.26 s. 3b]
Subd. 8. [GILL NETS; LAKE OF THE WOODS AND RAINY LAKE.]
Gill net licenses on Lake of the Woods and Rainy Lake shall be
canceled after the 1987 license year. A gill net licensee whose
license is canceled as provided in this subdivision retains the
walleye quota held at the time of cancellation, subject to the
quota phase-out schedule in subdivision 6 or 7. Notwithstanding
subdivision 1, the licensee may be issued a pound or trap net
license for the netting of game fish in accordance with the
quota of the licensee. [102.26 s. 3c]
Subd. 9. [WALLEYE QUOTAS; SALE, TRANSFER.] An existing
licensee may transfer the walleye quota allocated to the
licensee under subdivision 6 or 7 to any other existing licensee
or, after July 1, 1985, the licensee may sell the quota to the
state. If a licensee sells the quota to the state, the licensee
must sell the quota for all years remaining in the quota
schedule as provided in subdivision 6 or 7. A sale to the state
shall be at the present wholesale value of the quota as
determined assuming the following:
(1) an allocation to the licensee of the same proportion of
the total remaining walleye quota as allocated in the year of
sale; and
(2) a walleye wholesale price in the round of $1.15 per
pound. A licensee may elect to receive payment for a sale to
the state in a lump sum or in up to four annual installments. A
quota sold to the state cancels and is not available for
reallocation to another licensee. When a walleye quota is sold
to the state and canceled, the gill net license of the licensee
is canceled. [102.26 s. 3d]
Subd. 10. [TAKING EGGS FOR PROPAGATION; COMMISSIONER'S
RULE.] The commissioner may require a person licensed to take
fish for commercial purposes in the waters covered by this
section to take eggs for propagation purposes when it can be
done in connection with the licensed commercial fishing. The
eggs must be taken under rules prescribed by the commissioner.
[102.26 s. 4]
Sec. 66. [97C.831] [NAMAKAN AND SAND POINT LAKES;
COMMERCIAL FISHING.]
Subdivision 1. [LAKE WHITEFISH AND ROUGH FISH.] Lake
whitefish and rough fish may be taken by licensed commercial
fishing operators unless otherwise changed by order of the
commissioner, under section 61, subdivision 1, from Namakan Lake
and Sand Point Lake. [102.27 s. 1]
Subd. 2. [GILL NETS PROHIBITED ON SAND POINT LAKE.] Gill
nets may not be used in Sand Point Lake. [102.27 s. 1]
Subd. 3. [MAXIMUM AMOUNT OF NETS IN SAND POINT LAKE.] The
maximum amount of nets permitted to be licensed in Sand Point
Lake shall be 12 pound, fyke, or submerged trap nets. [102.27
s. 3]
Subd. 4. [MAXIMUM AMOUNT OF NETS IN NAMAKAN LAKE.] The
maximum amount of nets that may be licensed in Namakan Lake
shall be (1) 7,000 feet of gill net, with a mesh not less than
four inches stretch measure, and (2) 12 pound, fyke, or
submerged trap nets. [102.27 s. 2]
Sec. 67. [97C.835] [LAKE SUPERIOR COMMERCIAL FISHING.]
Subdivision 1. [COMMERCIAL FISHING LICENSE FOR LAKE
SUPERIOR.] (a) A license to fish commercially in Lake Superior
shall be issued only to a resident who possesses 5,000 feet of
gill net of mesh sizes permitted in subdivisions 4 and 5 or two
pound nets, has landed fish in the previous year with a value of
at least $1,500, except for those state waters from Duluth to
Silver Bay upon the discretion of the commissioner, and has
engaged in commercial fishing for at least 50 days of the
previous year. An applicant shall be issued a license without
meeting these requirements if the applicant is 65 or more years
of age and has held a license continuously since 1947. An
applicant may be issued a license, at the discretion of the
commissioner, if failure to meet these requirements resulted
from illness or other mitigating circumstances, or the applicant
has reached the age of 65 and has been licensed at least ten of
the previous 15 years. Persons receiving licenses under these
provisions for applicants 65 years of age or more must be in
attendance at the setting and lifting of nets. The commissioner
may issue multiple licenses to individuals who meet these
requirements and have held multiple licenses prior to 1978.
[98.46 s. 12]
(b) A license may be issued to a resident who has not
previously fished commercially on Lake Superior and has not been
convicted of a game and fish law violation in the preceding
three years, if the applicant:
(1) shows a bill of sale indicating the purchase of gear
and facilities connected with an existing license;
(2) shows proof of inheritance of all the gear and
facilities connected with an existing license; or
(3) has served at least two years as a helper in a
Minnesota Lake Superior licensed commercial fishing operation.
[98.46 s.12]
Subd. 2. [TYPES OF FISH PERMITTED.] Lake trout, ciscoes,
chubs, alewives, lake whitefish, round whitefish, pygmy
whitefish, rainbow smelt, and rough fish may be taken by
licensed commercial fishing operators from Lake Superior, in
accordance with this section. [102.28 s. 1]
Subd. 3. [POUND NETS AND TRAP NETS.] Pound or trap nets
may be used to take round whitefish, pygmy whitefish, ciscoes,
chubs, alewives, rainbow smelt, and rough fish in Lake Superior,
including St. Louis Bay, under the rules prescribed by the
commissioner. [102.28 s. 2]
Subd. 4. [GILL NETS; LAKE TROUT AND LAKE WHITEFISH.] Gill
nets for taking lake trout and lake whitefish may not be less
than 4-1/2 inch extension measure mesh. The commissioner may
prescribe rules to limit the total amount of gill net to be
licensed for the taking of lake trout and lake whitefish and may
limit the amount of net to be operated by each licensee. [102.28
s. 3]
Subd. 5. [GILL NETS; CISCOES.] Gill nets for taking
ciscoes and chubs may not be less than 2-1/4 inch extension
measure mesh and may not exceed 2-3/4 inch extension measure
mesh. [102.28 s. 4]
Subd. 6. [MAXIMUM AMOUNT OF GILL NET IN LAKE SUPERIOR.]
The amount of gill net licensed in Minnesota waters of Lake
Superior may not exceed 300,000 feet of net weighted to fish in
a floating or suspended position off the bottom and 300,000 feet
of net weighted to fish on the bottom. [102.28 s. 4]
Subd. 7. [MAXIMUM AMOUNT OF GILL NET FOR EACH LAKE
SUPERIOR LICENSEE.] A licensee may not operate more than 6,000
feet of gill net weighted to fish in a floating or suspended
position off the bottom or 25,000 feet of gill net weighted to
fish on the bottom. The commissioner may authorize gill net
footage in excess of the individual limits when the commissioner
determines that all of the gill net footage permitted for
Minnesota waters of Lake Superior would not otherwise be
allocated in a license year. The commissioner must allocate
this excess gill net footage equitably among the licensees who
have applied for it. [102.28 s. 4]
Subd. 8. [SPECIAL PERMITS.] The commissioner may issue
special permits to duly licensed commercial fishing operators
not exceeding 20 in number, for the purpose of taking trout and
lake whitefish spawn during the closed season for the
propagation of trout in Lake Superior and adjacent waters under
rules prescribed by the commissioner. [102.28 s. 5]
Sec. 68. [97C.841] [HELPER'S LICENSE.]
A person assisting the holder of a master's license, in
going to and from fishing locations, or in setting or lifting
nets, or removing fish from nets, must have a helper's license,
unless the person is the holder of a master's license.
(b) A helper's license is transferable from one helper to
another by the holder of a master's license applying to the
commissioner. [98.47 s.9]
Sec. 69. [97C.845] [INTERFERENCE WITH COMMERCIAL FISHING.]
A person may not:
(1) knowingly place or maintain an obstruction that will
hinder, prevent, or interfere with a licensed commercial fishing
operation;
(2) remove fish from nets licensed under the game and fish
laws; or
(3) knowingly damage, disturb, or interfere with commercial
fishing nets. [102.29]
Sec. 70. [97C.851] [COMMERCIAL FISHING IN INTERNATIONAL
WATERS; RESORT OWNERS.]
A license to buy or sell fish or to take fish commercially
in international waters extending from Pigeon Point West to the
North Dakota boundary line may not be issued to a person engaged
in the business of conducting a summer resort, or to a member of
the person's household or to an employee of the person. [98.47
s. 7]
Sec. 71. [97C.855] [UPPER AND LOWER RED LAKE AND NETT LAKE;
TRANSPORTATION, SALE, AND DISPOSAL.]
The commissioner may, by order, allow the transportation,
sale, and disposal of fish taken within the Red Lake Indian
Reservation on Upper Red Lake and Lower Red Lake and from waters
within the Nett Lake Indian Reservation also known as Bois Forte
Indian Reservation. [102.30]
Sec. 72. [97C.861] [FISH VENDOR REQUIREMENTS.]
Subdivision 1. [LICENSE REQUIRED.] A person may not sell
fish with the use of a motor vehicle without a fish vendor's
license. [98.46 s. 19]
Subd. 2. [MISREPRESENTATION OF FISH.] (a) A licensed fish
vendor or the vendor's employee may not misrepresent a species
of fish to be sold. If a licensed fish vendor or employee of
the fish vendor is convicted of misrepresenting a species of
fish that is sold, the license shall be revoked, and the
licensee is not eligible to obtain a fish vendor's license for
one year after revocation.
(b) Misrepresentation includes the designation of fish by a
name other than its common name in:
(1) the state; and
(2) in the locality where it was taken if it is not
generally known by any common name in the state. [98.46 s.
19(4)]
Sec. 73. [97C.865] [FISH PACKERS.]
(a) A person may not prepare dressed game fish for shipment
without a fish packer's license. The fish packer must maintain
a permanent record of:
(1) the name, address, and license number of the shipper;
(2) the name and address of the cosignee; and
(3) the number of each species and net weight of fish in
the shipment.
(b) The records of the fish packer must be made available
to an enforcement officer upon request. [97.45 s. 6(4)]
ARTICLE 4
AMENDMENTS TO OTHER STATUTES AND
CROSS REFERENCE AMENDMENTS
Section 1. Minnesota Statutes 1984, section 9.071, is
amended to read:
9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.]
The council has the powers with respect to the:
(1) Cancelation or compromise of claims due the state
provided in sections 10.11 to 10.15;
(2) Timberlands provided in sections 90.031, 90.041, 90.151;
(3) Lands acquired from the United States provided in
section 94.50;
(4) Lands subject to delinquent drainage assessments
provided in section 84A.20;
(5) Transfer of lands between departments of state
government provided in section 15.16;
(6) Sale or exchange of lands within national forests
provided in sections 92.30, 92.31;
(7) Approval of acquisition of land for camping or parking
area provided in section 97.48 article 1, sections 26 and 27;
(8) Modification of iron leases provided in section 93.191;
(9) Awarding permits to prospect for iron ore provided in
section 93.17;
(10) Approval of regulations for issuance of permits to
prospect for minerals under state lands provided in section
93.08;
(11) Construction of dams provided in section 110.13.
Sec. 2. Minnesota Statutes 1984, section 14.02,
subdivision 4, is amended to read:
Subd. 4. [RULE.] "Rule" means every agency statement of
general applicability and future effect, including amendments,
suspensions, and repeals of rules, adopted to implement or make
specific the law enforced or administered by it or to govern its
organization or procedure. It does not include (a) rules
concerning only the internal management of the agency or other
agencies, and which do not directly affect the rights of or
procedure available to the public; (b) rules of the commissioner
of corrections relating to the internal management of
institutions under the commissioner's control and those rules
governing the inmates thereof prescribed pursuant to section
609.105; (c) rules of the division of game and fish published in
accordance with article 1, section 97.53 9; (d) rules relating
to weight limitations on the use of highways when the substance
of the rules is indicated to the public by means of signs; (e)
opinions of the attorney general; (f) the systems architecture
plan and long range plan of the state education management
information system provided by section 121.931; (g) the data
element dictionary and the annual data acquisition calendar of
the department of education to the extent provided by section
121.932; (h) the comprehensive statewide plan of the crime
control planning board provided in section 299A.03; (i) special
terms and conditions for an interim certificate of confirmation
of the Minnesota cable communications board provided in section
238.09; (j) occupational safety and health standards provided in
section 182.655; or (k) rules of the commissioner of public
safety adopted pursuant to section 169.128.
Sec. 3. Minnesota Statutes 1984, section 14.38,
subdivision 6, is amended to read:
Subd. 6. [EXEMPT RULES.] Rules adopted, amended,
suspended, or repealed by any agency but excluded from the
definition of "rule" in section 14.02, subdivision 4, shall have
the force and effect of law upon compliance with subdivision 7.
However, subdivisions 5 to 9 do not apply to:
(1) rules concerning only the internal management of the
agency or other agencies, and which do not directly affect the
rights of or procedure available to the public; or,
(2) opinions of the attorney general; or,
(3) rules published in accordance with article 1, section
97.53 9.
Sec. 4. Minnesota Statutes 1984, section 18.021,
subdivision 3, is amended to read:
Subd. 3. [DESTRUCTIVE OR NUISANCE ANIMALS.] "Destructive
or nuisance animals" includes such animals as rats, gophers,
mice, and other unprotected wild animals as defined in Minnesota
Statutes 1961, article 2, section 100.26 53, and acts
amendatory thereof, which the commissioner may designate as
dangerous to the welfare of the people.
Sec. 5. Minnesota Statutes 1984, section 84.0274,
subdivision 6, is amended to read:
Subd. 6. [STATE'S RESPONSIBILITIES.] When the state
proposes to purchase land for natural resources purposes, the
commissioner of natural resources and, where applicable, the
commissioner of administration shall have the following
responsibilities:
(a) The responsibility to deal fairly and openly with the
landowner in the purchase of property;
(b) The responsibility to refrain from discussing price
with the landowner before an appraisal has been made. In
addition, the same person shall not both appraise and negotiate
for purchase of a tract of land;
(c) The responsibility to use private fee appraisers to
lower the state's acquisition costs to the greatest extent
practicable; and
(d) The responsibility to acquire land in as expeditious a
manner as possible. No option shall be made for a period of
greater than two months if no survey is required or for nine
months if a survey is required, unless the landowner, in
writing, expressly requests a longer period of time. Provided
that, if county board approval of the transaction is required
pursuant to article 1, section 97.481 28, no time limits shall
apply. If the state elects not to purchase property upon which
it has an option, it shall pay the landowner $500 after the
expiration of the option period. If the state elects to
purchase the property, unless the landowner elects otherwise,
payment to the landowner shall be made no later than 90 days
following the state's election to purchase the property provided
that the title is marketable and the owner acts expeditiously to
complete the transaction.
Sec. 6. [84.0285] [GAME AND FISH CITATION QUOTAS
PROHIBITED.]
The commissioner of natural resources, or the director of
the division of enforcement and field service, may not order,
mandate, require, or in any manner suggest, directly or
indirectly, to a conservation officer that the conservation
officer issue a certain number of game and fish law violations
on a daily, weekly, monthly, quarterly, or yearly quota basis,
except that the commissioner or director may utilize a
conservation officer's total enforcement activity, in comparison
to the total enforcement activity of all conservation officers,
in the evaluation of an officer's performance.
Sec. 7. [84.034] [MAINTENANCE OF CEMETERY IN WHITEWATER
WILDLIFE MANAGEMENT AREA.]
The commissioner shall maintain in a proper and decent
manner and keep free of weeds any cemetery in the Whitewater
state wildlife management area. [99.251]
Sec. 8. [84.0894] [ENFORCEMENT OF AQUATIC PLANTS AND
ENDANGERED SPECIES.]
An enforcement officer shall enforce a violation of
sections 9 to 13 in the same manner as a violation of the game
and fish laws. [97.50 s.1, 5]
Sec. 9. [84.0895] [PROTECTION OF THREATENED AND ENDANGERED
SPECIES.]
Subdivision 1. [PROHIBITION.] Notwithstanding any other
law, a person may not take, import, transport, or sell any
portion of an endangered species of wild animal or plant, or
sell or possess with intent to sell an article made with any
part of the skin, hide, or parts of an endangered species of
wild animal or plant, except as provided in subdivisions 2 and 7.
[97.488 s.7]
Subd. 2. [APPLICATION.] (a) Subdivision 1 does not apply
to:
(1) plants on land classified for property tax purposes as
class 2a or 2c agricultural land under section 273.13, or on
ditches and roadways; and
(2) noxious weeds designated pursuant to sections 18.171 to
18.315 or to weeds otherwise designated as troublesome by the
department of agriculture.
(b) If control of noxious weeds is necessary, it takes
priority over the protection of endangered plant species, as
long as a reasonable effort is taken to preserve the endangered
plant species first.
(c) The taking or killing of an endangered plant species on
land adjacent to class 3 or 3b agricultural land as a result of
the application of pesticides or other agricultural chemical on
the class 3 or 3b land is not a violation of subdivision 1, if
reasonable care is taken in the application of the pesticide or
other chemical to avoid impact on adjacent lands. For the
purpose of this paragraph, class 3 or 3b agricultural land does
not include timber land, waste land, or other land for which the
owner receives a state paid wetlands or native prairie tax
credit.
(d) The accidental taking of an endangered plant, where the
existence of the plant is not known at the time of the taking,
is not a violation of subdivision 1. [97.488 s.1a]
Subd. 3. [DESIGNATION.] (a) The commissioner shall adopt
rules under chapter 14, to designate species of wild animal or
plant as:
(1) endangered, if the species is threatened with
extinction throughout all or a significant portion of its range;
(2) threatened, if the species is likely to become
endangered within the foreseeable future throughout all or a
significant portion of its range; or
(3) species of special concern, if although the species is
not endangered or threatened, it is extremely uncommon in this
state, or has unique or highly specific habitat requirements and
deserves careful monitoring of its status. Species on the
periphery of their range that are not listed as threatened may
be included in this category along with those species that were
once threatened or endangered but now have increasing or
protected, stable populations.
(b) The range of the species in this state is a factor in
determining its status as endangered, threatened, or of special
concern. A designation by the secretary of the interior that a
species is threatened or endangered is a prima facie showing
under this section.
(c) The commissioner shall reevaluate the designated
species list every three years after it is first adopted and
make appropriate changes. The review must consider the need for
further protection of species on the species of special concern
list. Species may be withdrawn from designation in the same
manner that species are designated. [97.488 s.2]
Subd. 4. [STUDIES.] The commissioner may conduct
investigations to determine the status and requirements for
survival of a resident species of wild animal or plant. [97.488
s.3]
Subd. 5. [MANAGEMENT.] (a) Notwithstanding any other law,
the commissioner may undertake management programs, issue
orders, and adopt rules necessary to bring a resident species of
wild animal or plant that has been designated as threatened or
endangered to a point at which it is no longer threatened or
endangered.
(b) Subject to the provisions of subdivision 6, management
programs for endangered or threatened species include research,
census, law enforcement, habitat acquisition, habitat
maintenance, propagation, live trapping, transplantation, and
regulated taking. [97.488 s.4]
Subd. 6. [ENFORCEMENT.] A peace officer or conservation
officer, pursuant to chapter 626, may execute a warrant to
search for and seize goods, merchandise, plant or animal taken,
sold or offered for sale in violation of this section, or items
used in connection with a violation of this section. Seized
property must be held pending judicial proceedings. Upon
conviction, seized property is forfeited to the state and must
be offered to a scientific or educational institution or
destroyed. [97.488 s.5]
Subd. 7. [GENERAL EXCEPTIONS.] (a) The commissioner may
prescribe conditions for an act otherwise prohibited by
subdivision 1 if:
(1) the act is for the purpose of zoological, educational,
or scientific study;
(2) the act enhances the propagation or survival of the
affected species;
(3) the act prevents injury to persons or property; or
(4) the social and economic benefits of the act outweigh
the harm caused by it.
(b) A member of an endangered species may not be destroyed
under clauses (3) or (4) until all alternatives, including live
trapping and transplantation, have been evaluated and rejected.
The commissioner may prescribe conditions to propagate a species
or subspecies.
(c) A person may capture or destroy a member of an
endangered species, without permit, to avoid an immediate and
demonstrable threat to human life or property.
(d) The commissioner must give approval under this
subdivision for forest management, including permit, sale, or
lease of land for timber harvesting. [97.488 s.6]
Subd. 8. [APPLICATION.] This section does not apply
retroactively or prohibit importation into this state and
subsequent possession, transport, and sale of wild animals, wild
plants, or parts of wild animals or plants that are legally
imported into the United States or legally acquired and exported
from another territory, state, possession, or political
subdivision of the United States. [97.488 s.7]
Subd. 9. [VIOLATIONS.] A violation of this section is a
misdemeanor. [97.488 s.8]
Sec. 10. [84.091] [AQUATIC VEGETATION IN PUBLIC WATERS.]
Subdivision 1. [OWNERSHIP.] The state is the owner of wild
rice and other aquatic vegetation growing in public waters. A
person may not acquire a property interest in wild rice or other
aquatic vegetation or destroy wild rice or aquatic vegetation,
except as authorized under this chapter. [97.42]
Subd. 2. [LICENSE REQUIRED.] A person may not harvest,
buy, sell, transport, or possess aquatic plants without a
license required under this chapter. A license shall be issued
in the same manner as provided under the game and fish laws.
[98.45 s.1; 98.50 s.1]
Subd. 3. [LICENSE FEES.] (a) The fees for the following
licenses, to be issued to residents only, are:
(1) for harvesting wild rice, $10; [98.46 s.3]
(2) for buying and selling wild ginseng, $5; [98.46 s.3]
(3) for a wild rice dealer's license to buy and sell 50,000
pounds or less, $70; and [98.46 s.18]
(4) for a wild rice dealer's license to buy and sell more
than 50,000 pounds, $250. [98.46 s.18]
(b) The weight of the wild rice shall be determined in its
raw state. [98.46 s.18]
Sec. 11. [84.092] [PERMITS TO HARVEST OR DESTROY AQUATIC
PLANTS OTHER THAN WILD RICE.]
Subdivision 1. [AUTHORIZATION.] The commissioner may issue
permits, with or without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other
than wild rice from public waters;
(2) transplant any aquatic plants into other public waters;
(3) destroy harmful or undesirable aquatic vegetation or
organisms in public waters under prescribed conditions to
protect the waters, desirable species of fish, vegetation, other
forms of aquatic life, and the public. An application for a
permit must be accompanied by a permit fee, if required. [98.48
s.9]
Subd. 2. [FEES.] (a) The commissioner shall establish a
fee schedule for permits to harvest aquatic plants other than
wild rice, by order, after holding a public hearing. The fees
may not exceed $100 per permit based upon the cost of receiving,
processing, analyzing, and issuing the permit, and additional
costs incurred after the application to inspect and monitor the
activities authorized by the permit.
(b) A fee may not be charged to the state or a federal
governmental agency applying for a permit.
(c) The money received for the permits under this
subdivision shall be deposited in the treasury and credited to
the game and fish fund. [98.48 s.9]
Subd. 3. [PERMIT STANDARDS.] The commissioner shall, by
order, prescribe standards to issue and deny permits under
subdivision 2. The standards must insure that aquatic plant
control is consistent with shoreland conservation ordinances,
lake management plans and programs, and wild and scenic river
plans. [98.48 s.9]
Sec. 12. [84.093] [WILD GINSENG.]
The commissioner may establish regulations including
seasons for harvesting to conserve wild ginseng. [97.48 s.18a]
Sec. 13. [84.152] [WILD RICE.]
Subdivision 1. [REGULATIONS.] The commissioner shall
prescribe rules for harvesting and possessing wild rice. [97.48
s.18]
Subd. 2. [LICENSE REQUIRED.] A person who buys wild rice
within the state for resale to anyone except consumers, or sells
wild rice imported from outside the state to anyone within the
state except consumers must have a wild rice dealer's license.
[97.48 s.18]
Subd. 3. [APPLICATION.] (a) An application for a wild rice
dealer's license must be made under a written oath. The form of
a wild rice dealer's license application must include:
(1) the amount of wild rice, whether raw or processed,
bought or sold by the applicant during the preceding calendar
year;
(2) the amount of wild rice the applicant estimates will be
bought or sold under the license; and
(3) other pertinent information required by the
commissioner.
(b) The license fee must be paid in advance, based on the
applicant's estimate. A license may not be issued for a fee
based on a lesser amount of wild rice than was bought or sold by
the applicant during the preceding calendar year. [98.46 s.18]
Subd. 4. [SUPPLEMENTAL LICENSE.] A wild rice dealer may
not buy or sell wild rice for which a license is required in
excess of the amount covered by the license. If a wild rice
dealer desires to buy or sell wild rice in excess of the
licensed amount, the dealer must apply for a supplemental
license. The supplemental license shall be issued for the
additional amount of wild rice upon payment of the prescribed
fee, less credit for the fees paid for the previous license or
licenses issued for the same calendar year. When the
supplemental license is issued, the previous licenses held by
the dealer shall be surrendered to the commissioner. [98.46
s.18]
Subd. 5. [REPORTING REQUIREMENTS FOR BUYING WILD
RICE.] Raw rice purchased by a dealer must be reported in
accordance with this subdivision. A wild rice dealer shall
submit an annual report to the commissioner and keep a complete
record in a book of all wild rice bought or sold during the
period covered by the license. The record book must show: (1)
the date of each transaction; (2) the names and addresses of all
parties involved in the transaction other than the dealer; and
(3) the amount of wild rice transferred, whether raw or
processed. The record book must be available for inspection by
the commissioner, the coordinator of wild rice, conservation
officer, or agent of the commissioner at all reasonable times.
A wild rice dealer must transmit a written report to the
commissioner within ten days after the end of each calendar
month during the period covered by the license. The
commissioner shall prescribe the form of the report which must
be signed by the licensee and state the total amount of wild
rice bought or sold during the calendar month, whether raw or
processed. [98.46 s.18]
Subd. 6. [PENALTIES.] (a) A person is guilty of a
misdemeanor who:
(1) willfully makes a false statement in an application for
a license or in a required report or record; or
(2) violates a provision relating to wild rice dealers.
(b) Each violation is a separate offense. An acquittal
prohibits later prosecution based on a similar charge involving
other wild rice in the same transaction.
(c) If a wild rice dealer is convicted of two offenses
under this subdivision within three years, the dealer's license
is null and void and the dealer may not be issued a license for
one year after the date of the conviction. [98.46 s.18]
Sec. 14. Minnesota Statutes 1984, section 84.88,
subdivision 2, is amended to read:
Subd. 2. A person registered as owner of a snowmobile may
be fined not to exceed $300 if a snowmobile bearing his
registration number is operated contrary to the provisions of
sections 84.81 to 84.88, 100.26, subdivision 1, or 100.29,
subdivisions 28 or 29 article 2, section 19. The registered
owner may not be so fined if (a) the snowmobile was reported as
stolen to the commissioner or a law enforcement agency at the
time of the alleged unlawful act, or if (b) the registered owner
demonstrates that the snowmobile either was stolen or was not in
use at the time of the alleged unlawful act, or if (c) the
registered owner furnishes to law enforcement officers upon
request the identity of the person in actual physical control of
the snowmobile at the time of such violation. The provisions of
this subdivision do not apply to any person who rents or leases
a snowmobile if such person keeps a record of the name and
address of the person or persons renting or leasing such
snowmobile, the registration number thereof, the departure date
and time, and expected time of return thereof. Such record
shall be preserved for at least six months and shall be prima
facie evidence that the person named therein was the operator
thereof at the time it was operated contrary to sections 84.81
to 84.88, 100.26, subdivision 1, or 100.29, subdivisions 28 or
29 article 2, section 19. The provisions of this subdivision do
not prohibit or limit the prosecution of a snowmobile operator
for violating any of the sections referred to in this
subdivision.
Sec. 15. Minnesota Statutes 1984, section 84.89, is
amended to read:
84.89 [CONFISCATION OF SNOWMOBILE USED IN BURGLARY.]
A law enforcement officer shall seize any snowmobile, as
defined in section 84.81, used for the purpose of gaining access
to property for the purpose of committing the crime of burglary,
as defined in section 609.58. Any snowmobile seized pursuant to
this section shall be held, subject to the order of the district
court of the county in which the burglary was committed, and
shall be confiscated after conviction of the person from whom
the snowmobile was seized and disposed of in accordance with the
procedure provided for equipment used in committing game and
fish violations by article 1, section 97.50, subdivision 6 38,
except that the balance of the proceeds from the sale of a
confiscated snowmobile which are paid into the state treasury
shall be credited to the general fund.
Sec. 16. Minnesota Statutes 1984, section 84A.02, is
amended to read:
84A.02 [MANAGEMENT.]
Red Lake game preserve shall be under the management and
control of the department, which shall have, and it is hereby
given, full power and authority to make, establish, promulgate,
and enforce all necessary rules and regulations, not
inconsistent with the laws of the state, for the care,
preservation, protection, breeding, propagation, and disposition
of any and all species of wild life therein and the regulation,
issuance, sale, and revocation of special licenses or special
permits for hunting, fishing, camping, and other uses of this
area, not inconsistent with the terms of sections 84A.01 to
84A.11 or other laws of the state now or hereafter applicable
thereto. The department shall have power and authority, by
means of rules and regulations, to declare the terms and
conditions of these licenses and permits and the charges to be
made therefor. These regulations may specify and control the
terms under and by which wild life may be taken, captured, or
killed therein, and under and by which fur-bearing animals, or
animals and fish otherwise having commercial value, may be
taken, captured, trapped, killed, sold, and removed therefrom.
These rules and regulations may also provide for the
afforestation and reforestation of lands now or hereafter owned
by the state in this game preserve and hunting grounds, and for
the sale of merchantable timber from these lands when and where,
in the opinion of the department, the same can be sold and
removed without damage or injury to the further use and
development of the land for a habitat of wild life and game in
this game preserve and hunting ground, and for the purposes for
which this preserve and hunting ground is established by
sections 84A.01 to 84A.11. The department may provide for the
policing of this preserve and hunting ground in such manner as
may be needful for the proper development and use of the
preserve and hunting ground for the purposes specified, and all
supervisors, guards, custodians, and caretakers assigned to duty
in this preserve and hunting ground shall have and possess the
authority and powers of peace officers while in their
employment. The department shall also make and enforce such
rules and regulations, not inconsistent with the laws of the
state, concerning the burning of grass, timber slashings, and
other inflammable matter, and the clearing, development, and use
of lands in this preserve and hunting ground as may be necessary
and advisable to prevent destructive forest fires and grass
fires which would injure the use and development of this area
for the preservation and propagation of wild life therein, and
for the proper protection of the forest and wooded areas
thereof. All lands within the boundaries of this preserve and
hunting ground shall be subject to such rules and regulations,
whether owned by the state or privately, consistent with the
rights of the private owners and with the laws of this state now
or hereafter applicable thereto. By such rules and regulations
there may be established areas and zones within this preserve
and hunting ground where hunting, fishing, trapping, or camping
may be prohibited or specially regulated, for the purpose of
protection and propagation of particular wild life therein.
All rules and regulations adopted and promulgated under the
provisions of sections 84A.01 to 84A.11 shall be published in
the manner now required by law under the provisions of article
1, section 97.53 9, and shall be, in addition thereto, posted on
the boundaries of this preserve and hunting ground.
Sec. 17. Minnesota Statutes 1984, section 85.018,
subdivision 8, is amended to read:
Subd. 8. [ENFORCEMENT.] The provisions of this section may
be enforced by officers of the department of natural resources
as provided in section 97.50 article 1, sections 33 to 40.
Sec. 18. Minnesota Statutes 1984, section 86A.06, is
amended to read:
86A.06 [RULES.]
Each managing agency, in consultation with the commissioner
of energy, planning and development, shall promulgate rules
relating to the units of the outdoor recreation system within
its jurisdiction, which shall provide for administration of the
units in the manner specified in section 86A.05 and the laws
relating to each type of unit. The authority provided by this
subdivision does not amend or repeal authority possessed by the
commissioner of natural resources pursuant to article 1, section
97.53 9, subdivision 2 3, and in no way is intended to modify or
diminish authority possessed by the commissioner in relation
to article 1, section 97.53 9, subdivision 2 3.
Sec. 19. Minnesota Statutes 1984, section 105.391,
subdivision 3, is amended to read:
Subd. 3. Except as provided below, no public waters or
wetlands shall be drained, and no permit authorizing drainage of
public waters or wetlands shall be issued, unless the public
waters or wetlands being drained are replaced by public waters
or wetlands which will have equal or greater public value.
However, after a state waterbank program has been established,
wetlands which are eligible for inclusion in that program may be
drained without a permit and without replacement of wetlands of
equal or greater public value if the commissioner does not
elect, within 60 days of the receipt of an application for a
permit to drain the wetlands, to either (1) place the wetlands
in the state waterbank program, or (2) acquire it pursuant to
article 1, section 97.481 28, or (3) indemnify the landowner
through any other appropriate means, including but not limited
to conservation restrictions, easements, leases, or any
applicable federal program. If the applicant is not offered his
choice of the above alternatives, he is entitled to drain the
wetlands involved.
In addition, the owner or owners of lands underlying
wetlands situated on privately owned lands may apply to the
commissioner for a permit to drain the wetlands at any time
after the expiration of ten years following the original
designation thereof. Upon receipt of an application, the
commissioner shall review the current status and conditions of
the wetlands. If he finds that the current status or conditions
are such that it appears likely that the economic or other
benefits to the owner or owners which would result from drainage
would exceed the public benefits of maintaining the wetlands, he
shall grant the application and issue a drainage permit. If the
application is denied, no additional application shall be made
until the expiration of an additional ten years.
Sec. 20. Minnesota Statutes 1984, section 105.391,
subdivision 12, is amended to read:
Subd. 12. The designation of waters as "public waters" or
"wetlands" pursuant to this section shall not grant any
additional or greater right of access to the public to those
waters, nor is the commissioner required to acquire access to
those waters under article 1, section 97.48, subdivision 15 27,
nor is any right of ownership or usage of the beds underlying
those waters diminished. Notwithstanding the designation of
waters or lands as public waters or wetlands, all provisions of
Minnesota law forbidding trespass upon private lands shall
remain in full force and effect.
Sec. 21. Minnesota Statutes 1984, section 105.417,
subdivision 4, is amended to read:
Subd. 4. [TROUT STREAMS.] Permits issued after June 3,
1977 to appropriate water for any purpose from streams
designated trout streams by the commissioner's orders pursuant
to article 3, section 101.42 5, shall be limited to temporary
appropriations.
Sec. 22. Minnesota Statutes 1985 Supplement, section
105.74, is amended to read:
105.74 [ADDITIONAL DUTIES OF BOARD.]
In addition to duties elsewhere prescribed, the board has
the function defined in sections 105.72 to 105.79 when the
decision of the agency in a proceeding involves a question of
water policy in one or more of the areas of water conservation,
water pollution, preservation and management of wildlife,
drainage, soil conservation, public recreation, forest
management, and municipal planning under any of the following:
Sections 84.57, 97.48, subdivision 13 article 1, section 26,
105.41, 105.42, 105.43, 105.44, 105.64, 106A.011, 106A.015,
115.04, 115.05, and chapter 110.
Sec. 23. Minnesota Statutes 1984, section 111.81,
subdivision 1, is amended to read:
Subdivision 1. The governing body of any city or town may
expend funds for the control or destruction of harmful or
undesirable aquatic vegetation or organisms in public waters and
may cooperate with other such governing bodies and any
landowners in such control or destruction. No such control or
destruction shall be started unless a permit therefor has been
issued by the commissioner of natural resources pursuant to
section 98.48, subdivision 9, 11 and all work shall be done in
accordance with the terms and conditions of such permit.
Sec. 24. Minnesota Statutes 1984, section 343.21,
subdivision 8, is amended to read:
Subd. 8. [CAGING.] No person shall cage any animal for
public display purposes unless the display cage is constructed
of solid material on three sides to protect the caged animal
from the elements and unless the horizontal dimension of each
side of the cage is at least four times the length of the caged
animal. The provisions of this subdivision do not apply to the
Minnesota state agricultural society, the Minnesota state fair,
or to the county agricultural societies, county fairs, to any
agricultural display of caged animals by any political
subdivision of the state of Minnesota, or to district, regional
or national educational livestock or poultry exhibitions. The
provisions of this subdivision do not apply to captive wildlife,
the exhibition of which is regulated by article 1, section
97.611 7.
Sec. 25. Minnesota Statutes 1984, section 343.30, is
amended to read:
343.30 [INJURY TO BIRDS.]
A person who in any manner maliciously maims, kills, or
destroys any bird designated as unprotected by article 1,
section 100.26 2, subdivision 2 52, or who maliciously destroys
the nests or eggs of any such bird shall be guilty of a petty
misdemeanor.
Sec. 26. Minnesota Statutes 1984, section 352B.01,
subdivision 2, is amended to read:
Subd. 2. "Member" means (a) all of the persons referred to
and employed on and after July 1, 1943 pursuant to the
provisions of Laws 1929, Chapter 355, and all acts amendatory
thereof and supplementary thereto, currently employed by the
state, whose salaries or compensation is paid out of funds of
the state of Minnesota; (b) any conservation officer employed
under the provisions of article 1, section 97.50 33, currently
employed by the state, whose salary or compensation is paid out
of funds of the state; and (c) any crime bureau officer who was
employed by the crime bureau and was a member of the highway
patrolmen's retirement fund on July 1, 1978, whether or not that
person has the power of arrest by warrant after that date, or
who is employed as police personnel, with powers of arrest by
warrant, pursuant to the provisions of section 299C.04, and who
is currently employed by the state, and whose salary or
compensation is paid out of funds of the state.
The term "member" shall not include any person employed in
subsidized on-the-job training, work experience or public
service employment as an enrollee under the federal
comprehensive employment and training act from and after March
30, 1978, unless the person has as of the later of March 30,
1978 or the date of employment sufficient service credit in the
retirement fund to meet the minimum vesting requirements for a
deferred retirement annuity, or the employer agrees in writing
on forms prescribed by the executive director to make the
required employer contributions, including any employer
additional contributions, on account of that person from revenue
sources other than funds provided under the federal
comprehensive employment and training act, or the person agrees
in writing on forms prescribed by the executive director to make
the required employer contribution in addition to the required
employee contribution.
Sec. 27. Minnesota Statutes 1984, section 361.25, is
amended to read:
361.25 [REGULATIONS.]
The commissioner shall adopt, in the manner provided in
sections 14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57
to 14.62, and shall publish in the manner prescribed in article
1, section 97.53 9, subdivision 2 3, regulations relating to
the application for, and form and numbering of watercraft
licenses and the size, form, reflectorize material and display
of watercraft license numbers which shall comply with the
requirements of the federal watercraft numbering system,
placement and regulation of docks, piers, buoys, mooring or
marking devices and other structures in the waters of this
state, rules of the road for watercraft navigation and standards
for equipment used in the towing of persons on water skis,
aquaplanes, surfboards, saucers, and other devices, standards
for lights, signals, fire extinguishers, bilge ventilation, and
lifesaving equipment, standards of safe load and power capacity,
accounting, procedural and reporting requirements for county
sheriff, designation of and swimming or bathing areas, standards
of safety for watercraft offered for rent, lease, or hire; and
in accordance with section 361.26, subdivision 2, clause (c),
the commissioner shall by no later than January 1, 1975, adopt
rules and regulations relating to the use of surface waters of
this state by watercraft including but not limited to (1)
standards and criteria for resolving conflicts in the use of
water surfaces by watercraft, (2) procedures for dealing with
problems involving more than one local governmental unit, (3)
procedures for local enforcement and (4) procedures for carrying
out the provisions of section 361.26, subdivision 2; and such
other regulations as he deems necessary to carry out the
provisions of this chapter.
Sec. 28. Minnesota Statutes 1984, section 383C.13, is
amended to read:
383C.13 [COUNTY AUDITOR; SALARY.]
In each county in this state now or hereafter having a
population of more than 150,000 and an area of over 5,000 square
miles the county auditor shall receive an annual salary of
$7,000 as full compensation for all services. He shall, on the
first day of each month, file in his office a complete statement
of all the fees and commissions received by him of every name
and nature whatsoever, including his commission as agent of the
commissioner of game and fish pursuant to Minnesota Statutes
1949, article 1, section 98.50 70, and turn the same into the
county treasury.
Sec. 29. Minnesota Statutes 1984, section 477A.12, is
amended to read:
477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE;
CERTIFICATION OF ACREAGE.]
There is annually appropriated to the commissioner of
natural resources from the general fund for payment to counties
within the state an amount equal to $3 multiplied by the number
of acres of acquired natural resources land, 75 cents multiplied
by the number of acres of county-administered other natural
resources land, and 37.5 cents multiplied by the number of acres
of commissioner-administered other natural resources land
located in each county as of July 1 of each year. Lands for
which payments in lieu are made pursuant to article 1, section
97.49 11, subdivision 7 3, and Laws 1973, Chapter 567, shall not
be eligible for payments under this section. Each county
auditor shall certify to the department of natural resources
during July of each year the number of acres of
county-administered other natural resources land within his
county. The department of natural resources may, in addition to
the certification of acreage, require descriptive lists of land
so certified. The commissioner of natural resources shall
determine and certify the number of acres of acquired natural
resources land and commissioner-administered natural resources
land within each county.
Sec. 30. Minnesota Statutes 1984, section 477A.13, is
amended to read:
477A.13 [TIME OF PAYMENT, DEDUCTIONS.]
Payments to the counties shall be made from the general
fund during the month of July of the year next following
certification. There shall be deducted from amounts paid any
amounts paid to a county or township during the preceding year
pursuant to sections 89.036, 97.49, subdivision 3 article 1,
section 11, subdivisions 1 and 2, and 272.68, subdivision 3 with
respect to the lands certified pursuant to section 477A.12.
Payments under section 477A.12 must also be reduced by the
following percentages of the amounts paid during the preceding
year under section 84A.51:
(1) for the payment made July 15, 1984, 75 percent;
(2) for the payment made July 15, 1985, 50 percent;
(3) for the payment made July 15, 1986, 25 percent; and
(4) for the payment made thereafter, 0 percent.
Sec. 31. [609.661] [PENALTY FOR SET GUNS; SWIVEL GUNS.]
A person who violates a provision relating to set guns or
swivel guns is guilty of a gross misdemeanor. [97.55 s.7]
Sec. 32. [624.719] [POSSESSION OF FIREARM BY NONRESIDENT
ALIEN.]
A nonresident alien may not possess a firearm except to
take game as a nonresident under the game and fish laws. A
firearm possessed in violation of this section is contraband and
may be confiscated. [98.45 s.4]
Sec. 33. [REPEALER.]
Minnesota Statutes 1984, sections 97.40; 97.41; 97.42;
97.43; 97.431; 97.432; 97.433; 97.44; 97.45; 97.46; 97.47; 97.48;
97.481; 97.482; 97.483; 97.4841, subdivisions 1, 2, and 4;
97.4842, subdivisions 1 and 3; 97.4843, subdivisions 1, 3, and
4; 97.485; 97.487; 97.488, subdivisions 1 and 2 to 8; 97.49;
97.50, subdivisions 2 to 9; 97.501; 97.51; 97.52; 97.53; 97.54;
97.55, subdivisions 1 to 15; 97.56; 97.57; 97.611; 97.81; 97.82;
97.83; 97.85; 97.86; 98.45, subdivisions 1 to 8; 98.455; 98.456;
98.457; 98.46, subdivisions 1, 2a, 2b, 3, 4, 5a, 6 to 13, 16 to
26; 98.465; 98.47, subdivisions 1 to 3, 4 to 13, 15 to 18;
98.48, subdivisions 1 to 4, 6 to 16; 98.49; 98.50; 98.501; 98.51;
98.52, subdivisions 1 to 4; 99.25; 99.251; 99.26; 99.27; 99.28;
99.29; 100.26; 100.27, subdivisions 2 and 5 to 9; 100.271,
subdivisions 1 and 3 to 5; 100.272; 100.273, subdivisions 1 to
5, 7, and 8; 100.28; 100.29, subdivisions 1 to 14, 16, 17, 18,
20, 23, 24, and 26 to 33; 100.295; 100.30; 100.303; 100.31;
100.32; 100.33; 100.34; 100.35; 100.36; 100.37; 101.41; 101.411;
101.42; 101.425; 101.43; 101.44; 101.441; 101.45; 101.46; 101.47;
101.48; 101.49; 101.50; 101.51; 102.23; 102.235; 102.24; 102.25;
102.26; 102.27; 102.28; 102.285; 102.29; 102.30; Minnesota
Statutes 1985 Supplement, sections 97.484; 97.4841, subdivision
3; 97.4842, subdivision 2; 97.4843, subdivision 2; 97.488,
subdivision 1a; 97.50, subdivision 1; 97.55, subdivisions 16 and
17; 97.851; 98.45, subdivision 9; 98.46, subdivisions 2, 5, 14,
and 15; 98.47, subdivision 3a; 98.48, subdivision 5; 98.52,
subdivision 6; 100.27, subdivisions 1, 3, and 4; 100.271,
subdivision 2; 100.273, subdivisions 6 and 9; 100.281; 100.29,
subdivisions 15, 19 and 25; and 101.475 are repealed.
Approved March 20, 1986
Official Publication of the State of Minnesota
Revisor of Statutes