Part | Title |
---|---|
6212.0100 | [Repealed, 39 SR 822] |
6212.0200 | [Repealed, 39 SR 822] |
6212.0300 | [Repealed, 39 SR 822] |
6212.0400 | [Repealed, 39 SR 822] |
6212.0500 | [Repealed, 39 SR 822] |
6212.0600 | [Repealed, 39 SR 822] |
6212.0700 | [Repealed, 39 SR 822] |
6212.0800 | [Repealed, 39 SR 822] |
6212.0900 | [Repealed, 39 SR 822] |
6212.1000 | [Repealed, 39 SR 822] |
6212.1100 | [Repealed, 39 SR 822] |
6212.1200 | [Repealed, 39 SR 822] |
6212.1300 | [Repealed, 39 SR 822] |
POSSESSION PERMITS | |
6212.1400 | GENERAL RESTRICTIONS FOR POSSESSION PERMITS. |
6212.1500 | [Repealed, 36 SR 435] |
6212.1600 | [Repealed, 20 SR 2291(NO. 43)] |
6212.1700 | [Repealed, 36 SR 435] |
CONTRACEPTIVE CHEMICALS PERMIT | |
6212.1750 | PERMITS FOR USE OF CONTRACEPTIVE CHEMICALS. |
THREATENED AND ENDANGERED SPECIES | |
6212.1800 | GENERAL RESTRICTIONS FOR PERMITS TO POSSESS THREATENED AND ENDANGERED SPECIES. |
6212.1900 | [Repealed, 20 SR 2291(NO. 43)] |
6212.2000 | PERMITS FOR PREVIOUSLY ACQUIRED SPECIMENS. |
6212.2100 | OTHER PERMITS. |
6212.2200 | PROCESSED SPECIMENS OF ENDANGERED OR THREATENED SPECIES. |
6212.2300 | EMERGENCY TAKING. |
FISHING CONTESTS | |
6212.2400 | PERMIT REQUIREMENTS FOR FISHING CONTESTS. |
6212.2500 | [Repealed, 37 SR 1207] |
6212.2525 | PERMITTED FISHING CONTESTS. |
6212.2600 | POSSESSION OF FISH. |
6212.2700 | CONTEST OPERATION. |
6212.2800 | FISHING CONTEST REPORTING REQUIREMENT. |
FISH TOXICANTS | |
6212.2900 | INSURANCE POLICY REQUIRED WITH RELEASE OF FISH TOXICANTS. |
6212.3000 | CANCELLATION OR TERMINATION OF FISH TOXICANT PERMIT. |
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
[Repealed, 39 SR 822]
January 28, 2015
Permits for the taking, transportation, disposal, or possession of protected wild animals, whether dead or alive, or their parts, nests, or eggs will be issued as provided by this part. Applications for permits from individuals or institutions must be made in writing and must be submitted as specified. The commissioner will determine whether the applicant meets the criteria for issuance of the permit.
Permits may be issued upon written application made by individuals or institutions currently conducting propagation, research, scientific programs, or educational programs in the fields of biology or natural history.
Permits may be issued upon written application made by media outlets to enable them to conduct educational programs and to promote outdoor recreation and programs in the fields of biology or natural history.
Individuals, media outlets, or institutions must have appropriate and adequate facilities for the care, exhibition, or storage of the specimens sought to be taken, acquired, or possessed.
A permit may not be issued unless the commissioner has first determined that the permitted act will not be detrimental to the species or cause harm to natural resources. Conditions for permits may be specified to protect species and enhance knowledge of the species including:
when authorized activities may be conducted, including seasonal, daily, or other time restrictions;
how authorized activities are conducted, including methods that may be used to collect or dispose of data, animals, or other resources;
limits on the quantity or types of animals or other resources that may be removed or collected; or
a requirement to deposit with the University of Minnesota at least one voucher specimen for each species collected in a time frame specified in the permit.
The following criteria shall be considered when making a decision on issuing conditions for a permit:
whether the activity will advance knowledge, understanding, interpretation, or management of the species;
whether the activity will advance retention and recruitment of people involved in outdoor skills;
whether the activity interferes with other public use, research, educational, or management activities;
Permits for the taking of protected wild animals or their parts may be issued only to named individuals. Permits for taking are valid only for the named permittees and are not transferable. Permits solely for possession, transportation, propagation, or disposal may be issued in the name of an institution or individual.
Specimens held under permit may not be sold or otherwise transferred from the custody of the permittee without the prior written approval of the commissioner, unless otherwise provided in the permit.
Offspring of any specimen possessed under a permit will be subject to this part and to all the terms and conditions set forth in the permit.
Before January 31 of each year, each permittee who has taken a protected wild animal, or parts during the preceding calendar year must file a report with the commissioner describing the specimens taken and their current disposition. Specimens consumed by use or otherwise destroyed must be so noted. Permittees must submit additional reports as may be required by the permit. A permit will not be renewed unless all required reports have been submitted.
Individual permittees must have their permit available for inspection by the commissioner while doing an act authorized by the permit. Permits issued in the names of institutions must be available for inspection during regular business hours.
All permits issued as provided by this part expire on December 31 of the year of issuance, unless otherwise specified in the permit, and may be renewed.
All permits issued as provided by this part are subject to immediate cancellation by the commissioner upon determination that such cancellation is necessary for the conservation of the natural resources of this state, for the welfare of particular specimens, or is in the public interest.
Violation of any of the provisions of this part or the terms of any permit issued under those parts may result in immediate revocation of the permit, and may subject the permittee to other penalties established by law.
Permits are not issued for the taking or possession of protected wild animals as pets, except for raptors as provided by chapter 6238.
MS s 84D.05; 84D.09; 84D.10; 84D.11; 84D.13; 86B.121; 97A.031; 97A.045; 97A.401; 97A.418; 97A.505; 97A.510; 97A.551; 97C.001; 97C.005; 97C.085; 97C.205; 97C.315; 97C.325; 97C.345; 97C.401
18 SR 83; 36 SR 435
September 11, 2024
[Repealed, 36 SR 435]
November 21, 2011
[Repealed, 20 SR 2291(NO. 43)]
June 11, 2008
[Repealed, 36 SR 435]
November 21, 2011
"Contraceptive chemicals" are any drugs, vaccines, steroids, or other chemicals that, when administered to individual wild animals within a target species' population, produce a state of infertility or prevent the production of progeny, either temporarily or permanently.
Permits may be issued by the commissioner for the administration of contraceptive chemicals to noncaptive wild animals under the conditions in items A and B.
Permits may only be issued to federal, state, or local government agencies, universities or colleges, or their agents.
A written request for the permit must be submitted prior to the planned application of the contraceptive chemical treatment. The request must be accompanied by a proposed management plan or research proposal that:
for a research proposal, is approved by the federal, state, or local government agency, university, or college responsible for the actions of the research investigator;
includes a clear statement of the objectives of the management or research project including population objectives for management projects;
includes an assessment of the anticipated effect of the chemical treatment on each target species' population on each site and on individual animals within each target population;
includes a description of all planned or completed management actions and an evaluation of the costs, efficiency, effectiveness, and safety of alternative methods for managing each target species' population on each site; and
includes a plan for monitoring short-term and long-term effects of the contraceptive chemical treatments on treated individual wild animals and each target species' population on each site.
The commissioner may request additional information if needed to determine the applicant's qualifications or to evaluate the proposed management plan or research proposal.
Contraceptive chemicals used must have all required federal and state licensing, registration, or approvals for use on each noncaptive wild animal species for each site requested.
Authorized contraceptive chemicals, treatment methods, application devices and equipment, individual animal and population monitoring requirements, reporting requirements, and other applicable restrictions must be specified as conditions of the permit.
MS s 97A.501
19 SR 2222
June 11, 2008
A person may not take, import, transport, purchase, sell, dispose, or possess a threatened or endangered species of plant or animal without a permit from the commissioner. Permits for the taking, importation, transportation, purchase, sale, disposal, or possession of threatened or endangered species of plants or animals, whether dead or alive, or their parts, nests, or eggs will be issued as provided by parts 6212.1800 to 6212.2300 and 6242.1200. Applications for permits from individuals or institutions must be made in writing and must be submitted as specified. The commissioner will determine whether the applicant meets the criteria for issuance of the permit.
Permits may be issued only upon written application made by individuals or institutions currently conducting research or educational programs in the fields of biology or natural history, and that have appropriate and adequate facilities for the care, exhibition, or storage of the specimens sought to be taken, acquired, or possessed. A permit may not be issued unless the commissioner has first determined that the permitted act will not be detrimental to the species.
Permits for the taking of endangered or threatened species or their parts may be issued only to named individuals. Permits for taking are valid only for the named permittees and are not transferable. Permits solely for possession, importation, transportation, propagation, sale, or disposal may be issued in the name of an institution or individual.
Specimens held under permit may not be sold or otherwise transferred from the custody of the permittee without the prior written approval of the commissioner, unless otherwise provided in the permit.
Offspring of any specimen possessed under a permit will be subject to parts 6212.1800 to 6212.2300 and to all the terms and conditions set forth in the permit.
Before January 31 of each year, each permittee who has taken any endangered or threatened species or parts during the preceding calendar year must file a report with the commissioner describing the specimens taken and their current disposition. Specimens consumed by use or otherwise destroyed must be so noted. Permittees must submit additional reports as may be required by the permit. A permit will not be renewed unless all required reports have been submitted.
Individual permittees must have their permit available for inspection by the commissioner while doing any act authorized by the permit. Permits issued in the names of institutions must be available for inspection during regular business hours.
All permits issued as provided by parts 6212.1800 to 6212.2300 expire on December 31 of the year of issuance, unless otherwise specified in the permit, and may be renewed.
All permits issued as provided by parts 6212.1800 to 6212.2300 are subject to immediate cancellation by the commissioner upon determination that such cancellation is necessary for the conservation of the natural resources of this state, for the welfare of particular specimens, or is in the public interest.
MS s 84.0895
18 SR 83; 19 SR 2222
September 11, 2024
[Repealed, 20 SR 2291(NO. 43)]
June 11, 2008
Permits for specimens of endangered or threatened species, including parts, may be issued to persons who have lawfully acquired such specimens under the following conditions:
before they were listed as endangered or threatened.
These permits may be issued upon the applicant's submission of proof of having lawfully acquired the specimens before such date or before listing occurred.
MS s 84.0895
18 SR 83
June 11, 2008
Permits for the taking, possession, importation, transportation, purchase, sale, or disposal of endangered or threatened species of animals, plants, or insects may be issued on prescribed conditions when the commissioner has determined that:
the permitted act prevents injury to persons or property, including livestock, provided that a specimen causing this injury may be killed only after all other alternatives have been evaluated and rejected; or
the social and economic benefits of the permitted act outweigh the harm caused by it, provided that the killing of a specimen for these purposes will be permitted only after all other alternatives have been evaluated and rejected.
MS s 84.0895
18 SR 83
June 11, 2008
The tanned, mounted, or processed furs, skins, feathers, or other parts of endangered or threatened species, including such parts that have been incorporated into manufactured goods, may be possessed, imported, transported, purchased, sold, or otherwise disposed of without a permit, provided the specimens were in a tanned or processed condition and lawfully acquired under the following conditions:
MS s 84.0895
18 SR 83
June 11, 2008
Within 48 hours after the taking of a threatened or endangered animal that has threatened human life, the entire carcass, including the hide, must be surrendered to the commissioner.
MS s 84.0895
18 SR 83
June 11, 2008
Issuance of permits for fishing contests is provided for by Minnesota Statutes, section 97C.081. Permits may also be required, as provided by Minnesota Statutes, section 86B.121, by the sheriff of the county in which the contest is held. Application to obtain a permit must be made a minimum of 14 days prior to the contest on forms provided by the commissioner. Application information includes name of contest, name and address of permittee, name of sponsor, name and location of contest waters, public accesses to be used with a parking plan as provided in part 6212.2700, fish species included in the contest, weigh-in stations, fish handling and release procedures, disposition of harvested fish, estimated number of participants, contest dates and hours, entry fee, and prize values. Contest rules must be attached to the application. Application forms may be obtained from department fisheries offices or the department website. Completed applications must be submitted to the department regional office responsible for the management of the contest waters or the department's Saint Paul office if the contest includes waters in more than one region.
The contest permittee must be an individual and a resident of the state. The permittee is responsible for conducting the contest and may not delegate responsibility to another party.
18 SR 83; 37 SR 1207
September 10, 2018
[Repealed, 37 SR 1207]
February 28, 2013
Contest participation is limited to not more than one boat for each ten acres of contest water.
The following boat live-well and fish-holding equipment requirements are mandatory for all live-release contests to minimize negative impacts to fish:
The commissioner shall not issue fishing contest permits for:
contests that promote or allow fizzing (the act of inserting a needle into a fish's gas bladder);
contests on waters where the commissioner determines the activity may compromise the fish management or research data being collected; or
contests on opening days, holidays, and other high-use periods that the commissioner determines result in unacceptable safety risks.
When necessary to protect fish and fish habitat, restrict activities during high-use periods, restrict activities that affect research or management work, restrict the number of boats, ensure the safety of contest participants, or decontaminate boats participating in fishing contests on infested waters, one or more of the following conditions or restrictions shall be specified in the permit:
treatment, decontamination, and management practices, including those for transport and disposal of infested waters, to prevent the transport of pathogens and invasive species;
The commissioner shall consider the following criteria when determining conditions to be included in the permit:
whether the contest activity will advance knowledge, understanding, interpretation, or management of a fish species, fish community, or water body;
whether the contest activity is detrimental or helps achieve management objectives for the specific water body;
whether water temperature, water quality conditions, or pathogens would lead to undue mortality of released fish;
whether contest activities during high-use periods are anticipated to cause unacceptable safety risks;
The commissioner shall not issue fishing contest permits to conduct an off-site weigh-in if the contest organizer cannot prevent the transport of invasive species or pathogens from activities associated with the contest. To prevent the transport of invasive species or pathogens associated with conducting the contest, the permit shall require, at a minimum, draining and refilling water holding equipment with groundwater or treated water, as specified by the commissioner:
Except for weigh-ins when fish are immediately released, as defined in Minnesota Statutes, section 97A.015, subdivision 26c, at the location where caught, the commissioner shall not issue fishing contest permits for live release weigh-ins:
when water temperature, water quality conditions, or pathogens may lead to undue mortality of released fish;
for fishing contests involving muskellunge (Esox masquinongy), sturgeon (Acipenseridae family), or trout and salmon (Salmonidae family); or
for fishing contests involving walleye, sauger, and their hybrids (Sander genus within the Percidae family) from:
Memorial Day to Labor Day for all inland and border waters located in and south of Traverse, Grant, Douglas, Todd, Morrison, Mille Lacs, Kanabec, and Pine Counties, except Lake Mille Lacs; and
The commissioner shall not issue fishing contest permits to release fish alive after an off-site weigh-in:
when fish will be held more than 2-1/2 hours from the time they leave the contest waters until they are returned to contest waters;
for fishing contests involving bass (Micropterus genus within the Centrarchidae family) during July and August.
The commissioner must exempt fishing contests on the Canadian border waters and in Chisago County from the requirements described in item B, subitems (2) and (4), if the contest was operating before January 1, 2008, and the contest is:
37 SR 1207; 49 SR 45
August 29, 2024
Possession limits for contest waters apply to all contest participants at all times except that the total number of fish killed by a contest participant may not exceed one possession limit per event.
In contests where fish may be returned to the contest waters, the permittee may be authorized to hold healthy fish and release them immediately following weigh-in. Suitable release sites may be specified in the permit for the purposes provided in Minnesota Statutes, section 97C.081, subdivision 4. The commissioner shall consider the following criteria to determine when a specific release location should be included in the permit:
whether water or habitat quality at or near release sites would result in undue mortality of released fish;
whether barriers such as dams or channels exist that would limit natural fish movement or redistribution;
whether genetics of the contest fish are consistent with the genetics of the fish population where the contest fish are being released;
whether a particular release location is necessary in light of the preferred habitat and home range of the contest fish;
whether release of the contest fish at another location would lead to localized depletion of fish stocks from contest waters where the contest fish were caught and removed; or
To prevent the waste of fish, a contest organizer may be permitted to accept from contest participants fish lawfully taken and possessed during a contest for gifting to a charitable or nonprofit organization as defined by the Internal Revenue Service or a charity that is registered with the Attorney General's Office, Charities Division, and listed on the attorney general's website. Contest organizers who want to apply for a permit to gift or donate fish must fill out the appropriate sections of the contest application.
A permitted contest organizer and representatives from the charitable or nonprofit organization must distribute the gifted fish at no cost or consideration.
The contest organizer must keep records regarding the fish donated by contestants for two years. The records must include:
the contest participant's license number or possession permit number under which the fish were lawfully taken or possessed;
the name of the designated representative for the charitable or nonprofit organization to which the fish are being donated and the date of the transfer to that person.
The following information must accompany the donated fish as the fish are transferred. Each representative of a charitable or nonprofit organization in possession of the fish must keep a copy of the documentation until the fish are consumed or otherwise destroyed:
18 SR 83; 28 SR 629; 37 SR 1207
September 10, 2018
No contest may preempt use of a boat ramp or parking spaces at public access to contest waters. Contests shall not use more than 50 percent of the parking spaces at state-owned sites unless authorized by the permit. A contest organizer who seeks to use more than 50 percent of the parking spaces at a state-owned site must submit a plan on how to manage parking, on a parking plan form provided by the commissioner, when the organizer submits the contest application.
The permittee will be responsible for removal of all debris, rubbish, trash, or dead fish resulting from the contest.
Inspection and removal of invasive species, including, but not limited to, species such as zebra mussels or Eurasian watermilfoil, as provided by Minnesota Statutes, sections 84D.05, 84D.09, 84D.10, and 84D.13, from boats, trailers, and related equipment entering and leaving water accesses is required.
No contest or any drawing or raffle conducted in conjunction with the contest may constitute an illegal lottery as provided by Minnesota Statutes, section 609.75, or violate the provisions of the lawful gambling law as provided by Minnesota Statutes, sections 349.11 to 349.23.
18 SR 83; 37 SR 1207
September 11, 2024
The permittee must submit a report of contest activities on forms provided by the commissioner within 30 days after completion of the contest. All information requested on the report must be provided. Failure to submit a report as required may render the permittee ineligible for future permits.
MS s 97C.081
18 SR 83
June 11, 2008
If the public has lawful access to a body of water to which fish toxicants will be applied, a permit for release of fish toxicants may not be issued until the commissioner has received a certificate of insurance evidencing the coverage from a company authorized to do business in this state. The certificate of insurance must show coverage for general liability for bodily injury and property damage. The amount of insurance coverage required shall be determined by the commissioner, but cannot exceed $1,000,000 per occurrence or be less than $100,000 per occurrence. The certificate of insurance must show that the policy cannot be canceled or terminated, except upon ten days' written notice to the commissioner.
MS s 97C.051
19 SR 2222
June 11, 2008
The commissioner may cancel or terminate a permit to release fish toxicants at any time for any violation of its provisions or of part 6212.2900.
MS s 97A.418
19 SR 2222
June 11, 2008
Official Publication of the State of Minnesota
Revisor of Statutes