piers109uk/MN-Statutes huggingface dataset:
97A.021 CONSTRUCTION.
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.
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 section 84.083.
A provision relating to a wild animal applies in the same manner to a part of the wild animal.
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.
97A.035 REMOVING SIGNS PROHIBITED.
A person may not remove or deface a Department of Natural Resources sign, without approval of the commissioner.
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 17.47 to 17.498.
97A.031 WANTON WASTE.
(a) Unless expressly allowed, a person may not wantonly waste or destroy a usable part of a protected wild animal.
(b) This section does not apply to common carp.
97A.037 HUNTER, TRAPPER, AND ANGLER HARASSMENT PROHIBITED.
A person who has the intent to prevent or disrupt another person from taking or preparing to take a wild animal or enjoyment of the out-of-doors must not disturb or interfere with that person if that person is lawfully taking or preparing to take a wild animal. "Preparing to take a wild animal" includes travel, camping, and other acts that occur on land or water where the affected person has the right or privilege to take lawfully a wild animal.
A person who has the intent to prevent or disrupt a person from lawfully taking the animals may not disturb or engage in an activity that will tend to disturb wild animals.
A person who has intent to violate subdivision 1 or 2 may not enter or remain on public lands, or on private lands without permission of the owner.
A person must obey the order of a peace officer to stop the harassing conduct that violates this section if the officer observes the conduct. For purposes of this subdivision, "harassing conduct" does not include a landowner's or lessee's action to enforce the trespass law. Violation of this subdivision is a misdemeanor.
97A.043 FISH CONSUMPTION ADVISORIES.
The commissioner of natural resources, in cooperation with the commissioner of health, shall ensure that fish consumption advisories are displayed in at least four different languages, one of which must be English, to fairly represent the population of the state.
97A.041 EXHIBITION OF WILDLIFE.
For the purposes of this section, "wildlife" means any wild mammal, wild bird, reptile, or amphibian.
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.
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.
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.
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.
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.
This section does not apply to a publicly owned zoo or wildlife exhibit, privately owned traveling zoo or circus, or a pet shop.
97C.007 NORTHERN PIKE EXPERIMENTAL AND SPECIAL MANAGEMENT WATERS.
The combined number of lakes designated for northern pike under sections 97C.001 and 97C.005 may not exceed 100 at one time. Until November 1, 2021, the designated lakes must be selected from the lakes identified in rules adopted under sections 97C.001 and 97C.005 with northern pike slot limits effective on January 1, 2011. A designation under this section must continue for at least ten years, at which time the commissioner shall determine, based on scientific studies, whether the designation should be discontinued.
97A.0451 AUTHORITY FOR USING EMERGENCY RULES PROCEDURE; EXPIRATION OF AUTHORITY.
When the commissioner is directed by statute, federal law, or court order to adopt, amend, suspend, or repeal a rule in a manner that does not allow for compliance with sections 14.14 to 14.28, or if the commissioner is expressly required or authorized by statute to adopt emergency rules, the commissioner shall adopt emergency rules in accordance with sections 97A.0451 to 97A.0459.
Unless the commissioner is directed by federal law or court order to adopt, amend, suspend, or repeal a rule in a manner that does not allow for compliance with sections 14.14 to 14.28, the commissioner may not adopt an emergency rule later than 180 days after the effective date of the statutory authority, except as provided in section 84.027, subdivision 13. If emergency rules are not adopted within the time allowed, the authority for the rules expires. The time limit of this section does not include any days used for review by the attorney general. If the 180-day period expires while the attorney general is reviewing the rule and the attorney general disapproves the rule, the commissioner may resubmit the rule to the attorney general after taking corrective action. The resubmission must occur within five working days after the commissioner receives written notice of disapproval. If the rule is again disapproved by the attorney general, it is withdrawn.
97A.0452 NOTICE OF PROPOSED ADOPTION OF EMERGENCY RULE.
The proposed emergency rule must be published with a notice of intent to adopt emergency rules in the State Register, and the same notice must be mailed to all persons registered with the commissioner to receive notice of any rulemaking proceedings. The notice must include a statement advising the public that a free copy of the proposed rule is available on request from the commissioner and that notice of the date of submission of the proposed emergency rule to the attorney general will be mailed to any person requesting to receive the notice. For at least 25 days after publication the commissioner shall afford all interested persons an opportunity to submit data and views on the proposed emergency rule in writing. The notice must also include the date on which the 25-day comment period ends.
97B.002 CIVIL TRESPASS.
Conservation officers, sheriffs, and deputies may issue citations to a person who trespasses in violation of section 84.90 or 97B.001 or removes a sign posted to prevent trespass without permission of the owner of the property.
The citation must impose the following penalty amounts:
(1) $50 for the first violation;
(2) $200 for the second violation in a three-year period;
(3) for a third or subsequent violation in a three-year period, the penalty shall be $500 and loss of every license or registration being used; and
(4) $50 for removal of a sign posted pursuant to this section.
Citations may be appealed under the procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying the commissioner in writing within 15 days after receipt of the citation. If a hearing is not requested within the 15-day period, the citation becomes a final order not subject to further review.
Field citations may be enforced under section 116.072, subdivisions 9 and 10.
The authority to issue field citations is in addition to other remedies available under statutory or common law, except that the state may not seek penalties under any other provision of law for the incident subject to the citation.
Penalty amounts shall be remitted within 30 days of issuance of the penalty citation to the issuer.
Penalty amounts are deposited to the county or the commissioner for deposit in the game and fish fund depending upon who issues the citation.
97A.0453 NOTICE TO COMMITTEES FOR FEES FIXED BY RULE.
Before the commissioner submits notice to the State Register of intent to adopt emergency rules that establish or adjust fees, the commissioner shall send a copy of the notice and the proposed rules to the chairs of the house of representatives Ways and Means Committee and the senate Committee on Finance.
97B.005 TRAINING DOGS.
A person may not train hunting dogs afield on public lands administered by the commissioner from April 16 to July 14 except as specifically authorized by permit or rule.
A person 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, except as provided in subdivision 3.
(a) The commissioner may issue special permits, without a fee, to use firearms and live ammunition on domesticated birds or banded game birds from game farms.
(b) Permits for holding field trials may be issued to organizations. The permit shall specify the dates and locations of the field trial. The commissioner may limit the number of dates approved for any organization.
(c) Permits for training hunting dogs may be issued to an individual.
(d) Domesticated birds, other than pigeons, and game farm birds used for trials or training under this section must be clearly marked with dye or a streamer attached to a leg in a manner that makes them visually identifiable prior to being taken.
[Repealed, 2005 c 146 s 52]
97A.0454 MODIFYING PROPOSED EMERGENCY RULE.
The proposed emergency rule may be modified if the modifications are supported by the data and views submitted to the commissioner.
97C.02 ACQUIRING CRITICAL AQUATIC HABITAT.
The commissioner shall acquire lands that are critical for fish and other aquatic life and that meet criteria described for aquatic management areas in section 86A.05, subdivision 14. The lands that are acquired may be developed to manage lakes, rivers, streams, and adjacent wetlands and lands for aquatic life, water quality, intrinsic biological value, public fishing, and other compatible outdoor recreational uses. The land may be acquired by gift, lease, easement, or purchase. The commissioner shall designate land acquired under this subdivision as aquatic management areas for the purposes of the outdoor recreation system.
97B.011 DOGS PURSUING BIG GAME.
(a) A person who observes a dog wounding, killing, or pursuing in a manner that endangers big game may kill the dog:
(1) at any time, if the person is a peace officer or conservation officer; or
(2) between January 1 and July 14, if the person is not a peace officer or conservation officer and the discharge of firearms is allowed.
The officer or person is not liable for damages for killing the dog.
(b) Paragraph (a) does not apply to a dog used in compliance with section 97B.207.
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.
97A.0455 SUBMITTING PROPOSED EMERGENCY RULE TO ATTORNEY GENERAL.
The commissioner shall submit to the attorney general the proposed emergency rule as published, with any modifications. On the same day that it is submitted, the commissioner shall mail notice of the submission to all persons who requested to be informed that the proposed emergency rule has been submitted to the attorney general. If the proposed emergency rule has been modified, the notice must state that fact, and must state that a free copy of the proposed emergency rule, as modified, is available upon request from the commissioner.
(a) The attorney general shall review the proposed emergency rule as to its legality, review its form to the extent the form relates to legality, and shall approve or disapprove the proposed emergency rule and any modifications on the tenth working day following the date of receipt of the proposed emergency rule from the commissioner. The attorney general shall send a statement of reasons for disapproval of the rule to the commissioner, the chief administrative law judge, the Legislative Coordinating Commission, and to the revisor of statutes.
(b) The attorney general shall disregard any error or defect in the proceeding due to the commissioner's failure to satisfy any procedural requirement imposed by law or rule if the attorney general finds:
(1) that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process; or
(2) that the commissioner has taken corrective action to cure the error or defect so that the failure did not deprive any person or entity of an opportunity to participate meaningfully in the rulemaking process.
The attorney general shall assess the commissioner for the actual cost of processing rules under this section. The commissioner shall include in the department's budget money to pay the attorney general's assessment. Receipts from the assessment must be deposited in the state treasury and credited to the general fund.
97C.025 FISHING AND MOTORBOATS RESTRICTED IN CERTAIN AREAS.
(a) The commissioner may prohibit or restrict the taking of fish or the operation of motorboats by posting waters that:
(1) are designated as spawning beds or fish preserves;
(2) are being used by the commissioner for fisheries research or management activities; or
(3) are licensed by the commissioner as a private fish hatchery or aquatic farm under section 17.4984, subdivision 1, or 97C.211, subdivision 1.
An area may be posted under this paragraph if necessary to prevent excessive depletion of fish or interference with fisheries research or management activities or private fish hatchery or aquatic farm operations.
(b) The commissioner will consider the following criteria in determining if waters licensed under a private fish hatchery or aquatic farm should be posted under paragraph (a):
(1) the waters contain game fish brood stock or native rough fish brood stock and the brood stock is vital to the private fish hatchery or aquatic farm operation;
(2) game fish or native rough fish are present in the licensed waters only as a result of aquaculture activities by the licensee; and
(3) no public access to the waters existed when the waters were first licensed.
(c) A private fish hatchery or aquatic farm licensee may not take fish or authorize others to take fish in licensed waters that are posted under paragraph (a), except as provided in section 17.4983, subdivision 3, and except that if waters are posted to allow the taking of fish under special restrictions, licensees and others who can legally access the waters may take fish under those special restrictions.
(d) Before March 1, 2003, riparian landowners adjacent to licensed waters on April 30, 2002, and riparian landowners who own land adjacent to waters licensed after April 30, 2002, on the date the waters become licensed waters, plus their children and grandchildren, may take two daily limits of fish per month under an angling license subject to the other limits and conditions in the game and fish laws.
(e) Except as provided in paragraphs (c), (d), and (f), a person may not take fish or operate a motorboat if prohibited by posting under paragraph (a).
(f) An owner of riparian land adjacent to an area posted under paragraph (a) may operate a motorboat through the area by the shortest direct route at a speed of not more than five miles per hour.
(g) Postings for water bodies designated under paragraph (a), clause (1), or being used for fisheries research or management under paragraph (a), clause (2), are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
97A.0456 EFFECTIVE DATE OF EMERGENCY RULE.
The emergency rule takes effect five working days after approval by the attorney general. The attorney general shall file two copies of the approved emergency rule with the secretary of state. The secretary of state shall forward one copy of each approved and filed emergency rule to the revisor of statutes. Failure of the attorney general to approve or disapprove a proposed emergency rule within ten working days is approval.
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
(a) Except as provided in this section and section 97A.451, subdivisions 3 and 3b, a person born after December 31, 1979, may not obtain an annual license to take wild animals by firearms unless the person has:
(1) a firearms safety certificate or equivalent certificate;
(2) a driver's license or identification card with a valid firearms safety qualification indicator issued under section 171.07, subdivision 13;
(3) a previous hunting license with a valid firearms safety qualification indicator;
(4) an apprentice-hunter validation issued under section 97B.022; or
(5) other evidence indicating that the person has completed in this state or in another state a hunter safety course recognized by the department under a reciprocity agreement or certified by the department as substantially similar.
(b) A person who is on active duty and has successfully completed basic training in the United States armed forces, reserve component, or National Guard may obtain a hunting license or approval authorizing hunting regardless of whether the person is issued a firearms safety certificate.
(c) A person born after December 31, 1979, may not use a lifetime license to take wild animals by firearms, unless the person meets the requirements for obtaining an annual license under paragraph (a) or (b).
97C.035 ENDANGERED FISH POPULATIONS.
If the commissioner determines that fish are in danger of dying, or if waters will be restored with the use of piscicides, the commissioner may rescue the fish under subdivision 2 or allow taking of the fish under subdivision 3.
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.
(a) The commissioner may 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 common carp may be sold.
(b) The commissioner may authorize the taking of fish by posting notice conspicuously along the shore of the waters and publishing a news release in a newspaper of general circulation in the area where the waters are located.
97A.0457 PUBLISHING APPROVAL.
As soon as practicable, notice of the attorney general's decision must be published in the State Register and the adopted rule must be published in the manner as provided for adopted rules in section 14.18.
97B.021 POSSESSION OF FIREARMS BY PERSONS UNDER AGE 16.
(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.
(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.
A parent or guardian may not knowingly direct, allow, or permit a person under the age of 16 to possess a firearm in violation of this section.
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.
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.
97B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
A parent or guardian of a minor may not knowingly direct, allow, or permit the minor to hunt without the required license, permit, training, or certification, or in violation of the game and fish laws.
97C.041 COMMISSIONER MAY REMOVE NATIVE ROUGH FISH, COMMON CARP, AND RAINBOW SMELT.
The commissioner may take native rough fish, common carp, 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.
97A.0458 EFFECTIVE PERIOD OF EMERGENCY RULE.
Emergency rules adopted under sections 97A.0451 to 97A.0459 shall be effective for the period stated in the notice of intent to adopt emergency rules which may not be longer than 180 days. The emergency rules may be continued in effect for an additional period of up to 180 days if the commissioner gives notice of continuation by publishing notice in the State Register and mailing the same notice to all persons registered with the commissioner to receive notice of any rulemaking proceedings. The continuation is not effective until these notices have been mailed. No emergency rule may remain in effect on a date 361 days after its original effective date. The emergency rules may not be continued in effect after 360 days without following the procedure of sections 14.14 to 14.28.
97B.022 APPRENTICE-HUNTER/TRAPPER VALIDATION.
For the purpose of this section, "accompanied" means to stay within a distance of another person that permits uninterrupted visual contact and unaided verbal communication.
(a) A resident or nonresident born after December 31, 1979, who is age 12 or over and who does not possess a hunter education firearms safety certificate or a resident or nonresident born after December 31, 1989, who does not possess a trapper education certificate may be issued an apprentice-hunter/trapper validation. An apprentice-hunter/trapper validation may be purchased two license years in a lifetime and used to obtain hunting or trapping licenses during the same license year that the validation is purchased.
(b) An individual in possession of an apprentice-hunter/trapper validation may take small game, deer, and bear only when accompanied by an adult who has a valid license to take the same species of game in Minnesota and whose license was not obtained using an apprentice validation.
(c) When an individual in possession of an apprentice-hunter/trapper validation is hunting turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed for another permit area or time period but must be licensed for the same season as the apprentice hunter. If the accompanying adult is not licensed for the same permit area or time period as the apprentice hunter, the accompanying adult may not shoot or possess a firearm or bow while accompanying the apprentice hunter under this paragraph.
(d) An apprentice-hunter/trapper-validation holder must obtain all required licenses and stamps.
The fee for an apprentice-hunter/trapper validation is $3.50. Fees collected must be deposited in the firearms safety and trapper education training account, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected under section 97A.485, subdivision 6, and are appropriated annually to the Enforcement Division of the Department of Natural Resources for administering the firearm safety course and trapper education programs.
97C.045 REMOVING COMMON CARP AND NATIVE ROUGH FISH FROM BOUNDARY WATERS.
The commissioner may enter into agreements with North Dakota, South Dakota, Wisconsin, and Iowa, relating to the removal of common carp and native rough fish in boundary waters. The agreements may include:
(1) contracting to remove common carp and native rough fish;
(2) inspection of the work;
(3) the division of proceeds; and
(4) regulating the taking of common carp and native rough fish.
97A.051 PUBLISHING LAW SUMMARY; PENALTIES FOR RULE VIOLATIONS.
[Repealed, 2003 c 28 art 1 s 20]
(a) The commissioner shall prepare a summary of the hunting and fishing laws and rules and deliver a sufficient supply to license vendors.
(b) At the beginning of the summary, under the heading "Trespass," the commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that conservation officers and peace officers must enforce the trespass laws, and state the penalties for trespassing.
(c) In the summary, the commissioner shall, under the heading "Duty to Render Aid," summarize the requirements under section 609.662 and state the penalties for failure to render aid to a person injured by gunshot.
[Repealed, 1989 c 155 s 5]
When a rule is effective, it has the force and effect of law. Violation of a rule has the same penalty as a violation of the law under which the rule was adopted.
97A.0459 APPROVING FORM OF EMERGENCY RULE.
No approved emergency rule shall be filed with the secretary of state or published in the State Register unless the revisor of statutes has certified that the emergency rule's form is approved.
97B.026 TRAPPER EDUCATION CERTIFICATE; REQUIREMENT.
A person born after December 31, 1989, and who has not been issued a trapping license in a previous license year, may not obtain a trapping license unless the person has been issued a trapper education certificate under section 97B.025, paragraph (b).
97B.025 HUNTER AND TRAPPER EDUCATION.
(a) The commissioner may establish education courses for hunters. The commissioner shall collect a fee from each person attending a course. A fee, to include a $1 issuing fee for licensing agents, shall be collected for issuing a duplicate certificate. The commissioner shall establish the fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services. The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. The commissioner may establish the fees notwithstanding section 16A.1283. The fees, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the game and fish fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of the program. In addition to the fee established by the commissioner for each course, instructors may charge each person up to the established fee amount for class materials and expenses. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training.
(b) The commissioner shall enter into an agreement with a statewide nonprofit trappers association to conduct a trapper education program. At a minimum, the program must include at least six hours of classroom, electronic, or correspondence instruction and in the field training. The program must include a review of state trapping laws and regulations, trapping ethics, the setting and tending of traps and snares, tagging and registration requirements, and the preparation of pelts. The association shall issue a certificate to persons who complete the program. The association shall be responsible for all costs of conducting the education program, and shall not charge any fee for attending the course.
97C.055 REMOVING DEAD FISH.
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.
97C.051 SPECIAL PERMITS TO USE PISCICIDES.
(a) The commissioner may issue a special permit, without a fee, to apply piscicides to restore waters at the permittee's expense. The commissioner may by rule prescribe insurance requirements for permit applicants.
(b) A permit under this section 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.
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.
97C.061 DRAGGING WEIGHT OR ANCHOR THROUGH VEGETATION.
A person may not use a motorboat to drag an anchor or other weight through aquatic vegetation, except by commissioner's rule.
97A.052 PEACE OFFICER TRAINING ACCOUNT.
The peace officer training account is created in the game and fish fund in the state treasury. Revenue from the portion of the surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7, paragraph (a), clause (1), shall be deposited in the account. Money in the account may be spent only for the purposes provided in subdivision 2.
Money in the peace officer training account may only be spent by the commissioner for peace officer training for employees of the Department of Natural Resources who are licensed under sections 626.84 to 626.863 to enforce game and fish laws.
97B.031 USE AND POSSESSION OF FIREARMS.
A person may take big game and wolves with a firearm only if:
(1) any rifle, shotgun, or handgun used is a caliber of at least .22 inches and has centerfire ignition;
(2) the firearm is loaded only with single projectile ammunition;
(3) a projectile used is a caliber of at least .22 inches and has a soft point or is an expanding bullet type;
(4) any muzzleloader used has the projectile loaded only at the muzzle;
(5) any smooth-bore muzzleloader used is a caliber of at least .45 inches; and
(6) any rifled muzzleloader used is a caliber of at least .40 inches.
A person may take small game with a handgun of any caliber in a manner prescribed by the commissioner, except that wolves may only be taken by hunting with the calibers specified in subdivision 1.
A person may not use a firearm with a bore larger than a ten gauge to take a protected wild animal.
[Repealed, 2015 c 65 art 3 s 38]
[Repealed, 2017 c 93 art 2 s 166]
A person may use a muzzleloader with a scope to take deer during the muzzleloader season. The scope may have magnification capabilities.
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.
97B.035 RESTRICTIONS ON ARCHERY EQUIPMENT.
(a) 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 97B.106 or as provided in paragraph (b).
(b) A person may use a mechanical device attached to the bowstring if the person's own strength draws, holds, and releases the bowstring.
A bow used to take big game, turkey, or wolves must have a pull that meets or exceeds 30 pounds at or before full draw.
A person may not possess a crossbow in a motor vehicle during the open season for any game, unless the crossbow is not armed with a bolt or arrow.
A person may not hunt with an arrow that is poisoned or has an explosive tip.
The commissioner may not impose restrictions on the possession, transportation, or use of archery equipment except as specifically authorized by law.
97C.071 STRUCTURES 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.
97A.057 FEDERAL LAW COMPLIANCE; RESTRICTION ON LICENSE REVENUE.
The commissioner shall take any action necessary to comply with the Federal Aid in Wildlife Restoration Act, United States Code, title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act, United States Code, title 16, sections 777 to 777k. Notwithstanding any law to the contrary, an appropriation for an information or telecommunications technology project from the game and fish fund, as established in section 97A.055, must be made to the commissioner. Any assets acquired with or expenditures made from the game and fish fund must remain under control of the commissioner.
Money accruing to the state from fees charged for hunting and angling licenses shall not be used for any purpose other than game and fish activities and related activities under the administration of the commissioner.
97B.036 CROSSBOW HUNTING DURING FIREARMS SEASON.
Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer, bear, or turkey by crossbow during the respective firearms seasons. The transportation requirements of section 97B.051 apply to crossbows during the firearms deer, bear, or turkey season. Crossbows must meet the requirements of section 97B.106, subdivision 2. A person taking deer, bear, or turkey by crossbow under this section must have a valid license to take the respective game by firearm. This section does not allow the use of a crossbow by licensed muzzleloader hunters during the muzzleloader firearms deer season under section 97B.311.
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.
97B.037 CROSSBOW HUNTING AND FISHING.
(a) Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deer, bear, turkey, common carp, or native rough fish by crossbow during the respective regular archery seasons. The transportation requirements of section 97B.051 apply to crossbows during the regular archery deer, bear, turkey, common carp, or native rough fish season. Crossbows must meet the requirements of section 97B.106, subdivision 2. A person taking deer, bear, turkey, common carp, or native rough fish by crossbow under this section must have a valid license to take the respective game.
(b) This section expires June 30, 2025.
97A.065 DEDICATION OF CERTAIN RECEIPTS.
[Repealed, 2012 c 277 art 1 s 91]
Fines and forfeited bail collected from prosecutions of violations of: the game and fish laws or rules adopted thereunder; sections 84.091 to 84.15 or rules adopted thereunder; chapter 348; and any other law relating to wild animals or aquatic vegetation, must be deposited in the state treasury. Half the receipts must be credited to the general fund, and half the receipts must be credited to the game and fish fund under section 97A.055.
[Repealed, 1994 c 561 s 28]
[Repealed, 1987 c 149 art 1 s 54]
Money collected from restitution under section 97A.341 for wild animals killed, injured, or possessed in violation of the game and fish laws must be used by the commissioner for replacement, propagation, or protection of wild animals.
(a) The surcharges collected under section 97A.475, subdivision 3a, paragraph (b), shall be deposited in an account in the special revenue fund and are appropriated to the commissioner for deer management, including for grants or payments to agencies, organizations, or individuals for assisting with the cost of processing deer taken for population management purposes for venison donation programs. None of the additional license fees shall be transferred to any other agency for administration of programs other than venison donation. If any money transferred by the commissioner is not used for a venison donation program, it shall be returned to the commissioner.
(b) The surcharges and donations under section 97A.475, subdivisions 3, paragraph (b); 3a, paragraph (a); and 4, paragraph (b), shall be deposited in an account in the special revenue fund and are appropriated to the commissioner for the walk-in access program.
97C.077 FISH SCREENS IN LAKES.
If all or a major part of a navigable lake is located within a single county and has been stocked with fish by the United States government, the county board, in order to maintain fish in the lake and prevent their escape from the lake, may erect and maintain screens at the inlets and outlets of the lake. The county board may appropriate from the county treasury money for the erection and maintenance of the screens.
If a lake is located in more than one county, the county boards of the affected counties may jointly provide for the erection and maintenance of screens. The expense of the screens and maintenance must be paid equally between the counties, and the county boards must appropriate money from the county treasury of their respective counties to pay the expenses of the screens and maintenance.
97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED IN DEER ZONES.
(a) A person may not possess a firearm or ammunition outdoors during the period beginning the fifth 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) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot or steel shot;
(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber, including .22 magnum caliber cartridges;
(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.
(b) This section does not apply during an open firearms season in an area where deer may be taken only by muzzleloader, except that muzzle-loading firearms lawful for the taking of deer may be possessed only by persons with a valid license to take deer by muzzleloader during the muzzleloader season. While muzzleloader hunting, a person with a valid license to take deer by muzzleloader may not possess a firearm other than:
(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision 1; and
(2) a firearm as described in paragraph (a), clauses (2) to (5).
(c) A first violation of paragraph (a) is punishable by a warning.
97A.071 WILDLIFE ACQUISITION ACCOUNT.
The wildlife acquisition account is established as an account in the game and fish fund.
Revenue from the small-game surcharge and $6.50 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 3, shall be credited to the wildlife acquisition account and is appropriated to the commissioner. The money in the account shall be used by the commissioner only for the purposes of this section, and acquisition and development of wildlife lands under section 97A.145 and maintenance of the lands, in accordance with appropriations made by the legislature.
Of the money annually appropriated and available from the wildlife acquisition account:
(1) at least 50 percent must be used for land costs; and
(2) the remainder may only be used for other land acquisition costs, development, and maintenance of wildlife lands, and activities under subdivision 3.
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.
[Repealed, 1994 c 561 s 28]
(a) The definitions in this subdivision apply to this section.
(b) "Development" means fencing, signing, and on-site improvement of the land that is related to the purposes for which the land was acquired. Development includes material or equipment that is purchased or rented and labor that is necessary to provide for the onsite improvement of the land.
(c) "Land costs" means the purchase price of land acquired by the commissioner under section 97A.145.
(d) "Maintenance" means noxious weed control and other on-site functions performed on a regular basis to sustain the environmental conditions that result from the original improvement of the land.
(e) "Other acquisition costs" means acquisition coordination costs, costs of engineering services, appraisal fees, attorney fees, taxes, assessments required at the time of purchase, and recording fees for land acquired by the commissioner under section 97A.145.
97B.045 TRANSPORTING 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.
The restrictions in subdivision 1 do not apply to a disabled person if:
(1) the person possesses a permit under section 97B.055, subdivision 3; and
(2) the firearm is not loaded in the chamber until the vehicle is stationary, or is a hinge action firearm with the action open until the vehicle is stationary.
(a) Notwithstanding provisions to the contrary under this chapter, a person may transport an unloaded, uncased firearm, excluding a pistol as defined in paragraph (b), in a motor vehicle while at a shooting range, as defined under section 87A.01, subdivision 3, where the person has received permission from the lawful owner or possessor to discharge firearms; lawfully hunting on private or public land; or traveling to or from a site the person intends to hunt lawfully that day or has hunted lawfully that day, unless:
(1) within Anoka, Hennepin, or Ramsey County;
(2) within the boundaries of a home rule charter or statutory city with a population of 2,500 or more;
(3) on school grounds; or
(4) otherwise restricted under section 97A.091, 97B.081, or 97B.086.
(b) For the purposes of this section, a "pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle:
(1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or
(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor.
Pistol does not include a device firing or ejecting a shot measuring .18 of an inch, or less, in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys.
97B.051 TRANSPORTING ARCHERY BOWS.
Except as specified under section 97B.055, subdivision 2, a person may not transport an archery bow in a motor vehicle unless the bow is not armed with a bolt or arrow.
97C.085 PERMIT REQUIRED FOR TAGGING FISH.
A person may not tag or otherwise mark a live fish for identification without a permit from the commissioner, except for special fish management tags as authorized under section 97A.551.
97C.087 SPECIAL FISH MANAGEMENT REGISTRATION.
If the commissioner determines it is necessary to require that a species of fish be registered, the commissioner shall prescribe, by rule, the species to be registered, registration procedures, and endorsement eligibility requirements.
Application for a special fish management endorsement must be accompanied by a $5, nonrefundable application fee for each endorsement. A person may not make more than one endorsement application each calendar year. If a person makes more than one application, the person is ineligible for a special fish management endorsement for that calendar year after determination by the commissioner, without a hearing.
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. The commissioner may stock fish in any stream within privately owned lands where the public is granted free access to and use of the stream for fishing purposes.
97B.063 HUNTER SATISFACTION SURVEY.
The commissioner shall annually administer the collection of hunter information related to participation and satisfaction. This may include information on preferences, values, interests, participation rates and patterns, barriers to participation, or other factors. The data shall be collected using established social science methods. The commissioner shall annually submit a summary of the information gathered under this section to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources no later than January 1 for the preceding fiscal year. The commissioner shall also make the summary information available on the department's website.
97C.202 WATER-QUALITY MONITORING AT STATE FISH HATCHERIES.
(a) The commissioner, in conjunction with the commissioners of health, agriculture, and the Pollution Control Agency, must test the source water at the state fish hatcheries located in the cities of Altura, Lanesboro, and Peterson monthly for nitrates and pesticides, including neonicotinoids. By February 15 each year, the commissioner must report the results of the previous calendar year's testing to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources policy and finance and health policy and finance.
(b) Once construction of the state fish hatchery in the city of Waterville is completed, the commissioner must test the groundwater source water monthly and report the results as required for other hatcheries under paragraph (a).