piers109uk/MN-Statutes huggingface dataset:
97A.091 HUNTING ON GAME REFUGES.
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 within a refuge:
(1) a firearm unless the firearm is unloaded and contained in a case, or unloaded and broken down; or
(2) an uncased bow.
(a) The commissioner may allow hunting of a protected wild animal species within any portion of a state game refuge, including a state park. Hunting may be allowed under this paragraph only 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 allow hunting of unprotected wild animals in a game refuge.
(c) The commissioner may prescribe rules for any hunting allowed within a refuge.
(d) In any selection process for permits to take deer within a game refuge, the commissioner may designate a certain number of permits that are available only to applicants who are age 70 or over or are qualified for a special permit under section 97B.055, subdivision 3, or 97B.106.
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.
97C.203 EXCHANGING FISH OR WILDLIFE RESOURCES; DISPOSAL OF STATE HATCHERY PRODUCTS.
(a) The commissioner shall dispose of fish hatchery products or exchange fish or wildlife resources only after they have been tested for certifiable diseases. The testing must have been completed within the 12 months preceding the disposal or exchange. Fish or wildlife resources subject to an exchange must have received a disease-free certification for those certifiable diseases not currently documented in Minnesota. Disease certification must be provided prior to accepting the fish or wildlife resource. When the fish or wildlife resource is not certified as disease-free, they may be stocked or transferred only into waters that already contain that disease.
(b) State hatchery products shall be disposed of according to the following order of priorities:
(1) distribution of fish eggs and fry to state hatcheries to hatch fry or raise fingerlings for stocking waters of the state for recreational fishing;
(2) transfer to other government agencies in exchange for fish or wildlife resources of equal value or private fish hatcheries in exchange for fish to be stocked in waters of the state for recreational fishing;
(3) sale to private fish hatcheries or licensed aquatic farms at a price not less than the fair wholesale market value, established as the average price charged at the state's private hatcheries and contiguous states per volume rates;
(4) transfer to other government agencies, colleges, or universities for cooperative fish management and research purposes; and
(5) sale of not more than $25 fair market value to any school, museum, or commercial enterprise for curriculum implementation, educational programs, public exhibition, or cooperative displays.
97A.092 CONTROLLED HUNTING ZONES.
The commissioner may by rule establish controlled hunting zones in areas on or adjacent to wildlife management areas and game refuges where the commissioner determines it is necessary to limit the distribution of waterfowl hunters. The commissioner may by rule establish conditions for entry and restrictions on hunting in a controlled hunting zone, including procedures for impartially selecting hunters for the zone.
97C.205 TRANSPORTING AND STOCKING FISH.
(a) Except on the water body where taken, a person may not transport a live fish in a quantity of water sufficient to keep the fish alive, unless the fish:
(1) is being transported under an aquaculture license as authorized under sections 17.4985 and 17.4986;
(2) is being transported for a fishing contest weigh-in under section 97C.081;
(3) is a minnow being transported under section 97C.505 or 97C.515;
(4) is being transported by a commercial fishing license holder under section 97C.821; or
(5) is being transported as otherwise authorized in this section or as prescribed for certifiable diseases under sections 17.46 to 17.4999.
(b) The commissioner may adopt rules to allow and regulate:
(1) the transportation of fish and fish eggs; and
(2) the stocking of waters with fish or fish eggs.
(c) The commissioner must allow the possession of fish on special management or experimental waters to be prepared as a meal on the ice or on the shore of that water body if the fish:
(1) were lawfully taken;
(2) have been packaged by a licensed fish packer; and
(3) do not otherwise exceed the statewide possession limits.
(d) 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.
(e) A person age 16 or under may, for purposes of display in a home aquarium, transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie, white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, and brown bullheads taken by angling, except as otherwise ordered by the commissioner upon documentation of an emergency fish disease in Minnesota waters, as defined in section 17.4982, subdivision 9. No more than four of each species may be transported at any one time, and any individual fish can be no longer than ten inches in total length. The commissioner may, by written order published in the State Register, prohibit transportation of live fish under this paragraph to help prevent spread of an emergency fish disease documented to occur in Minnesota waters. The order is exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply.
97A.093 HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND NATURAL AREAS.
Except as otherwise provided by law, scientific and natural areas are closed to hunting, trapping, and fishing unless:
(1) the designating document allows hunting, trapping, or fishing; or
(2) the commissioner allows hunting, trapping, or fishing in accordance with the procedure in section 86A.05, subdivision 5, paragraph (d).
97A.095 WATERFOWL PROTECTED AREAS.
The commissioner may designate by rule any part of a state game refuge or any part of a public water that is designated for management purposes under section 97A.101, subdivision 2, as a migratory-waterfowl sanctuary. The commissioner must consider an area for designation upon presentation of a petition signed by at least ten residents demonstrating that the area is primarily a migratory-waterfowl refuge. The commissioner shall post the area as a migratory-waterfowl sanctuary. A person may not enter a posted migratory-waterfowl sanctuary during the open migratory-waterfowl season or during other times prescribed by the commissioner unless accompanied by or under a permit issued by a conservation officer or wildlife manager. Upon a request from a private landowner within a migratory-waterfowl sanctuary, an annual permit must be issued to provide access to the property during the waterfowl season. The permit shall include conditions that allow no activity which would disturb waterfowl using the refuge during the waterfowl season.
The commissioner may, by rule, designate any part of a lake as a migratory feeding and resting area if there is adequate, free public access to the area. Before designation, the commissioner must describe the area in a public notice and receive public comments for 30 days. The commissioner must consider an area for designation upon presentation of a petition signed by at least ten residents demonstrating that the area is a substantial feeding or resting area for migratory waterfowl. The commissioner shall post the area as a migratory-waterfowl feeding and resting area. Except as authorized in rules adopted by the commissioner, a person may not enter a posted migratory-waterfowl feeding and resting area, during a period when hunting of migratory waterfowl is allowed, with watercraft or aircraft propelled by a motor, other than an electric motor with battery power of 12 volts or less. The commissioner may, by rule, further restrict the use of electric motors in migratory-waterfowl feeding and resting areas.
[Repealed, 2012 c 277 art 1 s 91]
The land described in Laws 1999, chapter 81, section 2, is designated Swan Lake Migratory-Waterfowl Sanctuary under subdivision 1.
97B.071 CLOTHING AND GROUND BLIND REQUIREMENTS; BLAZE ORANGE OR BLAZE PINK.
(a) Except as provided in rules adopted under paragraph (d), a person may not hunt or trap during the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each foot square. This section does not apply to migratory-waterfowl hunters on waters of this state or in a stationary shooting location or to trappers on waters of this state.
(b) Except as provided in rules adopted under paragraph (d), and in addition to the requirement in paragraph (a), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except while trapping, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph does not apply to a person when in a stationary location while hunting deer by archery or when hunting small game by falconry.
(c) A person hunting deer in a fabric or synthetic ground blind on public land must have:
(1) a blaze orange safety covering on the top of the blind that is visible for 360 degrees around the blind; or
(2) at least 144 square inches of blaze orange material on each side of the blind.
(d) The commissioner may, by rule, prescribe an alternative color in cases where paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public Law 103-141.
(e) A violation of paragraph (b) does not result in a penalty, but is punishable only by a safety warning.
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A person may not take protected wild animals, except raccoon and fox, with a firearm between the evening and morning times established by commissioner's rule, except as provided in this section.
(b) Big game and wolves may be taken from one-half hour before sunrise until one-half hour after sunset.
(c) Except as otherwise prescribed by the commissioner on or before the Saturday nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset during the entire season prescribed by the commissioner.
97A.098 TRESPASS ON FEDERAL LANDS.
A person may not enter or use a national wildlife refuge or federal waterfowl production area in violation of federal law.
97C.211 PRIVATE FISH HATCHERIES.
A person may not operate a private fish hatchery without a private fish hatchery license. A private fish hatchery is a facility for raising fish, including minnows, for sale, stocking waters, angling, or processing. A private fish hatchery license is valid for five years but must be renewed annually.
The commissioner shall prescribe rules that allow a person to maintain and operate a private fish hatchery to raise and dispose of fish. The commissioner shall establish and assess a fee to cover the cost of inspection and disease certification of private hatcheries.
(a) A private fish hatchery may not obtain fish outside of the state unless the fish or the source of the fish are approved by the commissioner. The commissioner may apply more stringent requirements to fish or a source of fish from outside the state than are applied to fish and sources of fish from within the state. The commissioner must either approve or deny the acquisition within 30 days after receiving a written request for approval. Minnows acquired must be processed and not released into public waters, except as provided in section 97C.515, subdivision 4. A request may be for annual acquisition.
(b) If the commissioner denies approval, a written notice must be submitted to the applicant stating the reasons for the denial and the commissioner must:
(1) designate approved sources to obtain the desired fish or fish eggs; or
(2) sell the fish or fish eggs from state fish hatcheries at fair market value.
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.
A person may not take sucker eggs from public waters for a private fish hatchery without a license to do so.
The commissioner may sell or barter game fish or native rough fish fry or eggs for not less than the cost associated with the production of eggs or fry.
Information on production, harvest, and sales of aquatic life by a private fish hatchery is nonpublic information.
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.
97A.101 PUBLIC WATER RESERVES AND MANAGEMENT DESIGNATION.
The commissioner may designate and reserve public waters of the state to propagate and protect wild animals.
(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 is 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. The designation by the commissioner shall be by written order published in the State Register. Designations are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
(b) The commissioner may contract with riparian owners for water projects under section 103G.121, subdivision 3, and may acquire land, accept local funding, and construct, maintain, and operate structures to control water levels under section 103G.505 to manage designated waters.
Seasons or methods of taking fish other than minnows may not be restricted under this section.
(a) The use of airboats is prohibited at all times on lakes designated for wildlife management purposes under this section unless otherwise authorized by the commissioner.
(b) The commissioner may restrict the use of motorized watercraft and recreational vehicles on lakes designated for wildlife management purposes by posting all public access points on the designated lake. To minimize disturbance to wildlife or to protect wildlife habitat, the commissioner may restrict the type of allowable motorized watercraft or recreational vehicle, horsepower or thrust of motor, speed of operation, and season or area of use. Designation of areas, times, and types of restrictions to be posted shall be by written order published in the State Register. Posting of the restrictions is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
(c) Before the commissioner establishes perpetual restrictions under paragraph (b), public comment must be received and a public meeting must be held in the county where the largest portion of the lake is located. Notice of the meeting must be published in a news release issued by the commissioner and in a newspaper of general circulation in the area where the waters are located. The notice must be published at least once between 30 and 60 days before the public meeting and at least once between seven and 30 days before the meeting. The notices required in this paragraph must summarize the proposed action, invite public comment, and specify a deadline for the receipt of public comments. The commissioner shall mail a copy of each required notice to persons who have registered their names with the commissioner for this purpose. The commissioner shall consider any public comments received in making a final decision. This paragraph does not apply to temporary restrictions that expire within 90 days of the effective date of the restrictions.
97B.085 USING RADIOS TO TAKE ANIMALS.
A person may not use radio equipment to take big game or small game.
A person may use radio equipment to take unprotected wild animals.
This section does not prohibit the use of:
(1) radio communication between a handler and a dog;
(2) a remote-controlled animal noise caller for taking crows, fur-bearing animals, and unprotected animals; or
(3) a remote-controlled motorized decoy used for taking migratory waterfowl under section 97B.811, subdivision 4a, or for taking mourning doves.
97C.301 LICENSE REQUIRED TO TAKE FISH.
Unless exempted under section 97A.445, 97A.451, or 97A.465, subdivision 1, a person must have a license to take fish as provided in this section.
A person may not take fish without an angling license.
(a) A nonresident license to take fish issued under section 97A.475, subdivision 7, includes aquatic invasive species affirmation as provided in section 84D.106.
(b) The aquatic invasive species affirmation portion of the license must be displayed with the nonresident license to take fish issued under section 97A.475, subdivision 7. The aquatic invasive species affirmation will be provided at the time of purchase of a new or duplicate nonresident license.
(c) If a license is purchased online, the aquatic invasive species affirmation may be completed electronically as part of the online sales process, and the electronic record of the license sale is sufficient for documenting the affirmation.
(d) Failure to complete the aquatic invasive species affirmation in this subdivision is subject to the penalty prescribed in section 84D.13, subdivision 5.
[See Note.]
A person may not take fish by spearing from a dark house without a dark-house-spearing license and an angling license.
A person may not take fish by netting without the required license to net fish and an angling license.
An aquatic farm licensee may take aquatic life under the aquatic farm license and its endorsements as authorized without additional licenses under the game and fish laws.
97C.303 CONSERVATION ANGLING LICENSE.
The commissioner shall make available a conservation angling license according to this section. Conservation angling licenses shall be offered for resident individuals and resident married couples.
Daily and possession limits for fish taken under a conservation angling license are one-half the daily and possession limits for the corresponding fish taken under a standard angling license, rounded down to the next whole number if necessary.
The fee for a conservation angling license issued under this section is two-thirds of the corresponding standard angling license fee under section 97A.475, subdivision 6, rounded to the nearest whole dollar.
97B.086 POSSESSING NIGHT VISION OR THERMAL IMAGING EQUIPMENT.
(a) A person may not possess night vision or thermal imaging equipment while taking wild animals or 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 take wild animals.
(b) This section 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 section 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.
(e) This section does not apply to night vision, night vision enhanced with an infrared illuminator, or thermal imaging equipment possessed by:
(1) peace officers or military personnel while exercising their duties; or
(2) a person taking coyote or fox as provided under section 97B.075 and rules adopted under section 97B.605, but the equipment must not be possessed during the regular firearms deer season.
97B.091 USING 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.
97C.305 TROUT-AND-SALMON STAMP VALIDATION.
Except as provided in subdivision 2 or section 97A.405, subdivision 2, a person over age 18 and under age 65 required to possess an angling license must have a trout-and-salmon stamp validation to:
(1) take fish by angling in:
(i) a stream designated by the commissioner as a trout stream;
(ii) a lake designated by the commissioner as a trout lake; or
(iii) Lake Superior; or
(2) possess trout or salmon taken in the state by angling.
A trout-and-salmon stamp validation is not required to take fish by angling or to possess trout and salmon if:
(1) the person:
(i) possesses a license to take fish by angling for a period of 24 hours or 72 hours from the time of issuance under section 97A.475, subdivision 6, clause (4) or (5); or 7, paragraph (a), clause (3) or (5); and
(ii) is taking fish by angling, or the trout or salmon were taken by the person, during the period the license is valid;
(2) the person is taking fish, or the trout or salmon were taken by the person, as authorized under section 97C.035; or
(3) the person has a valid license issued under section 97A.441, subdivision 1, 2, 3, 4, or 5.
97B.095 DISTURBING AND TAKING FROM 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.
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.
A person may not take a raccoon in a den or hollow tree.
97C.311 LAKE SUPERIOR FISHING-GUIDE LICENSE.
A person may not operate a charter boat and guide anglers on Lake Superior or the St. Louis River Estuary for compensation without a fishing guide license. For purposes of this subdivision and section 97A.475, subdivision 15, "St. Louis River Estuary" means the United States Coast Guard navigable waters of the lower St. Louis River to the Minnesota State Highway No. 23 bridge.
The commissioner shall adopt rules for:
(1) issuance of the licenses, including qualifications for licensees; and
(2) record keeping and reporting by licensees.
A person may not use a watercraft for activities authorized under this section unless the watercraft complies with all applicable licensing and safety requirements of the United States Coast Guard.
97A.115 SHOOTING PRESERVES.
A person may not operate a shooting preserve without a license. The commissioner may issue licenses to operate commercial shooting preserves and private shooting preserves if the commissioner determines that it is in the public interest and that there will not be an adverse effect on wild game bird populations. Private shooting preserves may only be located outside of the pheasant range as determined by the commissioner. The commissioner may adopt rules to implement this section and section 97A.121.
Species that may be released and hunted in a licensed shooting preserve must be specified in the license and are limited to unprotected birds, adult pheasant, and bobwhite quail for private shooting preserves and adult pheasant, bobwhite quail, turkey, mallard duck, black duck, and other species designated by the commissioner for commercial shooting preserves. These game birds must be pen hatched and raised.
A shooting preserve must be at least 40 but not more than 160 contiguous acres for private shooting preserves and at least 100 but not more than 1,000 contiguous acres, including any water area, for commercial shooting preserves.
The boundaries of a shooting preserve must be clearly posted in a manner prescribed by the commissioner.
The commissioner may revoke a 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 97A.121. After revocation, a new license may be issued in the discretion of the commissioner.
97A.121 HUNTING IN PRIVATE SHOOTING PRESERVES.
(a) A person hunting released birds in a private shooting preserve must have the licenses required by law for hunting pheasants.
(b) A license is not required to hunt authorized game birds on a commercial shooting preserve.
(a) The open season for hunting in commercial shooting preserves is continuous. Sanctioned registered field trials in commercial shooting preserves may be held from April 16 to July 14 after notification to the commissioner.
(b) The open season for hunting in a private shooting preserve is September 15 until December 31.
(c) The commissioner may restrict the open 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.
A 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 97A.115 and may not be less restrictive than any rule.
Except as provided in subdivision 4a, 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.
(a) A private shooting preserve licensed to release pheasants may release no more than 300 adult pheasants on the licensed shooting preserve area during the private shooting preserve hunting season. The number of pheasants harvested may not exceed 95 percent of the number of pheasants released.
(b) A commercial shooting preserve must release at least 1,000 adult pheasants.
Harvested game, except ducks that are marked in accordance with regulations of the United States Fish and Wildlife Service, must be marked or identified by the shooting preserve in a manner prescribed by the commissioner. The commissioner may issue the tags or other markings at a cost of 15 cents each. The marking must remain attached on the bird while the bird is transported.
A shooting preserve licensee must maintain a registration book listing the names, addresses, and hunting license numbers, if applicable, of all hunters, the date when they hunted, the amount and species of game taken, and the tag numbers or other markings affixed to each bird. A shooting preserve must keep records 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.
97B.099 PROHIBITED HUNTING METHODS.
A person may not take a protected wild animal with the aid of an open fire or smoke.
A person may not take a protected wild animal by cutting down a tree occupied by a protected wild animal.
97C.315 ANGLING LINES AND HOOKS.
An angler may not use more than one line, except that:
(1) two lines may be used to take fish through the ice;
(2) the commissioner may, by rule, authorize the use of two lines in areas designated by the commissioner in Lake Superior; and
(3) two lines may be used in the Minnesota River downstream of the Granite Falls Dam and in the Mississippi River downstream of St. Anthony Falls.
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;
(2) a single artificial bait may contain more than one hook; and
(3) as otherwise prescribed by the commissioner.
97C.317 FISHING BY PARTY.
While two or more persons are taking fish by angling as a party, the total number of fish taken and the total number of fish possessed by the party may not exceed the limit of the number of persons in the party that may take and possess fish by angling. For the purpose of this section, a party means:
(1) for persons who are not on the water, the persons are maintaining unaided visual and vocal contact;
(2) for persons who are on frozen water surfaces, the persons are maintaining unaided visual and vocal contact; and
(3) for persons who are on open water surfaces, the persons are angling from a single watercraft.
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.
97B.101 HUNTING WITH FERRETS PROHIBITED.
A person may not take a protected wild animal with the aid of a ferret.
97B.105 HUNTING BY FALCONRY.
A person may take a protected wild animal by falconry under rules prescribed by the commissioner.
97A.126 WALK-IN ACCESS PROGRAM.
A walk-in access program is established to provide public access to wildlife habitat on private land for hunting, bird-watching, nature photography, and similar compatible uses, excluding trapping, as provided under this section. The commissioner may enter into agreements with other units of government and landowners to provide private land hunting access.
(a) From September 1 to May 31, a person must have a walk-in access validation in possession to hunt, photograph, and watch wildlife on private lands, including agricultural lands, that are posted as being enrolled in the walk-in access program.
(b) Hunting, bird-watching, nature photography, and similar compatible uses on private lands that are posted as enrolled in the walk-in access program is allowed from one-half hour before sunrise to one-half hour after sunset.
(c) Access on private lands that are posted as enrolled in the walk-in access program is restricted to nonmotorized use, except by persons with disabilities operating motor vehicles on established trails or field roads who possess a valid permit to shoot from a stationary vehicle under section 97B.055, subdivision 3.
(d) The general provisions for use of wildlife management areas adopted under sections 86A.06 and 97A.137, relating to overnight use, alcoholic beverages, use of motorboats, firearms and target shooting, hunting stands, abandonment of trash and property, destruction or removal of property, introduction of plants or animals, and animal trespass, apply to use of lands enrolled in the walk-in access program.
(e) Any use of enrolled lands other than use authorized under this section is prohibited, including:
(1) harvesting bait, including minnows, leeches, and other live bait;
(2) training dogs or using dogs for activities other than hunting; and
(3) constructing or maintaining any building, dock, fence, billboard, sign, hunting blind, or other structure, unless constructed or maintained by the landowner.
The fee for a walk-in-access validation is $3.
97C.321 RESTRICTIONS ON UNATTENDED LINES.
A person may not take fish by angling with a set line or an unattended line except as provided in this section and rules adopted under the game and fish laws.
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 200 feet of the tip-up.
97C.325 RESTRICTIONS ON 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 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.
(c) The commissioner may, by rule, allow the use of a nonmotorized device with a recoil mechanism to take fish through the ice.
(d) To protect water quality or improve habitat for fish or wildlife, the commissioner may prescribe restrictions on fishing seasons, limits, or methods on specific bodies of water.
97A.127 FINANCING WATERFOWL DEVELOPMENT.
The commissioner may use funds appropriated for fish and wildlife programs for the purpose of 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 use of the funds will benefit the migration of waterfowl into the state.
97B.106 CROSSBOW PERMITS FOR HUNTING AND FISHING.
(a) The commissioner may issue a special permit, without a fee, to take big game, small game, native rough fish, or common carp with a crossbow to a person that is unable to hunt or take native rough fish or common carp by archery because of a permanent or temporary physical disability. A crossbow permit issued under this section also allows the permittee to use a bow with a mechanical device that draws, releases, or holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
(b) To qualify for a crossbow permit under this section, a temporary disability must render the person unable to hunt or fish by archery for a minimum of two years after application for the permit is made. The permanent or temporary disability must be established by medical evidence, and the inability to hunt or fish by archery for the required period of time must be verified in writing by (1) a licensed physician, licensed advanced practice registered nurse, or licensed physician assistant; or (2) a licensed chiropractor. A person who has received a special permit under this section because of a permanent disability is eligible for subsequent special permits without providing medical evidence and verification of the disability.
(c) The person must obtain the appropriate license.
(a) A crossbow used for hunting under the provisions of this section 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 working safety; and
(4) be used with arrows or bolts at least ten inches long.
(b) An arrow or bolt used to take big game or turkey under the provisions of this section must meet the legal arrowhead requirements in section 97B.211, subdivision 2.
(c) An arrow or bolt used to take native rough fish or common carp with a crossbow under the provisions of this section must be tethered or controlled by an attached line.
97B.1055 HUNTING BY PERSONS WITH A PERMANENT PHYSICAL OR DEVELOPMENTAL DISABILITY.
For purposes of this section and section 97B.015, subdivision 6:
(1) "developmental disability" means a diagnosis of having substantial limitations in present functioning, manifested as significantly subaverage intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior, when these conditions manifest before the person's 22nd birthday; and
(2) "permanent physical disability" means a physical disability that prevents a person from being able to navigate natural terrain or hold a firearm for a required field component for the firearms safety training program under section 97B.020.
(a) Notwithstanding section 97B.020, a person with a permanent physical disability or developmental disability may obtain a firearms hunting license with a provisional firearms safety certificate issued under section 97B.015, subdivision 6.
(b) Any person accompanying or assisting a person with a permanent physical disability or developmental disability under this section must possess a valid firearms safety certificate issued by the commissioner.
A person who obtains a firearms hunting license under subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person designated by a parent or guardian when hunting. A person who is not hunting but is solely accompanying and assisting a person with a permanent physical disability or developmental disability need not obtain a hunting license.
(a) This section does not entitle a person to possess a firearm if the person is otherwise prohibited from possessing a firearm under state or federal law or a court order.
(b) No person shall knowingly authorize or permit a person who by reason of a permanent physical disability or developmental disability is incapable of safely possessing a firearm to possess a firearm to hunt in the state or on any boundary water of the state.
97C.327 MEASURING FISH LENGTH.
For the purpose of determining compliance with size limits for fish in this chapter or in rules of the commissioner, the length of a fish must be measured from the tip of the nose or jaw, whichever is longer, to the farthest tip of the tail when fully extended.
97A.131 HATCHERIES.
The commissioner may acquire property by gift, lease, purchase, or condemnation and may construct, maintain, operate, and alter facilities for hatcheries.
97B.111 SPECIAL FIREARM HUNTING SEASONS FOR PHYSICALLY DISABLED.
(a) The commissioner may establish criteria, special seasons, and limits for persons who have a physical disability to take big game and small game with firearms and by archery in designated areas. A person hunting under this section who has a physical disability must:
(1) have:
(i) a verified statement of the disability by a licensed physician; or
(ii) a driver's license or Minnesota identification card bearing the applicable designation under section 171.07, subdivision 17; and
(2) be participating in a program for physically disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 2.
(b) Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt participants to shoot from a stationary motor vehicle. A license is not required for a person to assist a person with a physical disability who is hunting during a special season under this section.
(a) The commissioner may issue a special permit without a fee to a nonprofit organization to provide an assisted hunting opportunity to physically disabled hunters. The assisted hunting opportunity may take place:
(1) in areas designated by the commissioner under subdivision 1; or
(2) on private property or a licensed shooting preserve.
(b) The sponsoring organization shall provide a physically capable person to assist each disabled hunter with safety-related aspects of hunting and, notwithstanding section 97B.081, a person with a physical disability who is totally blind may use laser sights.
(c) The commissioner may impose reasonable permit conditions.
97C.331 SNAGGING FISH PROHIBITED.
A person may not:
(1) intentionally take fish by snagging; or
(2) use a snag line, snag pole, snag hook, or cluster of fish hooks, designed to be placed in or drawn through the water to hook the body of a fish.
On tributaries to Lake Superior below the posted boundaries, and on tributaries to Lake Superior with no posted boundaries, a fish that is hooked in any part of the body except in the mouth must be immediately unhooked and returned to the water.
97A.134 ADOPT-A-WMA PROGRAM.
The Minnesota adopt-a-WMA (wildlife management area) program is established. The commissioner shall coordinate the program through the regional offices of the Department of Natural Resources.
The purpose of the program is to encourage sporting, outdoor, business, and civic groups or individuals to assist, on a volunteer basis, in improving and maintaining wildlife management areas.
(a) The commissioner shall enter into informal agreements with sporting, outdoor, business, and civic groups or individuals for volunteer services to maintain and make improvements to real property on state wildlife management areas in accordance with plans devised by the commissioner after consultation with the groups or individuals.
(b) The commissioner may erect appropriate signs to recognize and express appreciation to groups and individuals providing volunteer services under the adopt-a-WMA program.
(c) The commissioner may provide assistance to enhance the comfort and safety of volunteers and to facilitate the implementation and administration of the adopt-a-WMA program.
97B.1115 USING MECHANICAL OR ELECTRONIC ASSISTANCE TO HOLD AND DISCHARGE FIREARMS OR BOWS; PERSON WITH PHYSICAL DISABILITY.
(a) Notwithstanding sections 97B.035, subdivision 1, 97B.321, and 97B.701, subdivision 2, the commissioner may issue a special permit to take big game and small game, without a fee, to a person with a physical disability who has a verified statement of the disability from a licensed physician, licensed advanced practice registered nurse, or licensed physician assistant to use a swivel or otherwise mounted firearm or bow or any electronic or mechanical device to discharge a firearm or bow as long as the participant is physically present at the site.
(b) A person using mechanical or electronic assistance under this section may be assisted by another person. The person assisting may take a wounded animal shot by the person using mechanical or electronic assistance under this section if the person with the disability is physically incapable of doing so. The person assisting must be licensed to take the animal.
97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
(a) A person may not use artificial lights to lure or attract fish or to see fish in the water while spearing, except that while angling or spearing, a person may:
(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or
(2) use a lighted decoy for spearing.
(b) A battery that is used in lighted fishing lures must not contain mercury.
(c) The restrictions in paragraph (a) do not apply to bow fishing.
97B.112 SPECIAL HUNTS.
The commissioner may by rule establish criteria, special seasons, and limits for youth and adult hunters to take big game and small game by firearms or archery in designated areas or times as part of the agency's overall effort in hunter recruitment and retention. The criteria may also include provisions for an unlicensed adult to assist a hunter during a special season or special hunt established under this section.
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows imported from outside of the state, game fish, goldfish, or carp for bait. Notwithstanding paragraphs (b) and (d), the commissioner may adopt rules to authorize the use of game fish eggs as bait in Lake Superior and its tributaries below the posted boundaries and prescribe restrictions on their use.
(b) A person may not import or possess live, frozen, or processed bait from known waters where viral hemorrhagic septicemia has been identified as being present: (1) unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates, and insects used for taking wild animals in waters of the state.
(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may be used as:
(1) fresh or frozen bait only on Lake Superior; or
(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner.
(d) To ensure that frozen or dead fish being brought into the state are not in violation of paragraph (b), the following paperwork must accompany the shipment. Documents must be open for inspection by the commissioner at any reasonable time. All documents must be available to purchasers of these bait items. Each container or package of frozen or dead fish must have the following information:
(1) water body source;
(2) lot number;
(3) company contact including name, phone, and address;
(4) date of packaging and labeling; and
(5) valid negative fish health certification from the source water body.
97B.115 COMPUTER-ASSISTED REMOTE HUNTING PROHIBITED.
(a) No person shall operate, provide, sell, use or offer to operate, provide, sell or use any computer software or service that allows a person, not physically present at the site, to remotely control a weapon that could be used to take any wild animal by remote operation, including, but not limited to, weapons or devices set up to fire through the use of the Internet or through a remote control device.
(b) A person who violates this section is guilty of a misdemeanor.
97A.141 PUBLIC-WATER ACCESS SITES.
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.
[Repealed, 2008 c 357 s 40]
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.
Local units of government owning lands adjacent to public waters within the seven-county metropolitan area shall cooperate with the commissioner to use those lands for public access purposes when identified by the commissioner under subdivision 1. If cooperation does not occur, the commissioner may use condemnation authority under this section to acquire an interest in the local government lands for public access purposes.
A person may not hunt on water-access sites unless allowed by rule of the commissioner.
97B.201 NO OPEN SEASON FOR CARIBOU OR ANTELOPE.
There may not be an open season on caribou or antelope.