piers109uk/MN-Statutes huggingface dataset:
97C.345 RESTRICTIONS ON USING AND POSSESSING NETS AND SPEARS.
Except as specifically authorized, a person may not take fish with a spear from the third Monday in February to the Friday before the last Saturday in April and may not take fish with a fish trap, net, dip net, seine, or other device capable of taking fish from the third Monday in February through April 30.
(a) Except as specifically authorized, a person may not possess a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any waters. Possession includes personal possession and in a vehicle.
(b) A person may possess dip nets and spear guns allowed under section 97C.381 on or near waters between sunrise and sunset from May 1 to the last Sunday in February, or as otherwise prescribed by the commissioner. A person may possess a spear on or near waters between sunrise and sunset from the last Saturday in April to the last Sunday in February, or as otherwise prescribed by the commissioner.
A person may possess and use a dip net between one hour before sunrise and one hour after sunset from May 1 to the third Sunday in February.
MS 2016 [Expired, 1Sp2015 c 4 art 5 s 28]
(a) Cast nets may be used only to take gizzard shad for use as bait for angling from July 1 to November 30 as allowed under section 84D.03, subdivision 3.
(b) Cast nets used under this subdivision must be monofilament and may not exceed five feet in radius. Mesh size must be from three-eighths-inch to five-eighths-inch bar measure. A person may use up to two cast nets at one time.
Subdivisions 1 to 3 do not apply to:
(1) nets used to take rainbow smelt during the open season;
(2) nets used to land game fish taken by angling;
(3) seines or traps used for the taking of minnows for bait;
(4) nets, seines, or traps possessed and used under an aquatic farm license; and
(5) angling equipment.
The commissioner may adopt rules to regulate the use of nets to take fish.
97B.205 USING DOGS AND HORSES TO TAKE BIG GAME PROHIBITED.
A person may not use a dog or horse to take big game, except as provided under section 97B.207.
97B.207 USING DOGS TO LOCATE WOUNDED DEER OR BEAR.
A person may use a dog to locate and retrieve a wounded deer or bear only as provided in this section.
(a) A person attempting to locate and retrieve a wounded deer or bear using a dog must have a valid license to take the deer or bear and have the license in possession. If the person is a dog handler that does not have a valid hunting license, the person must be accompanied by a licensed hunter with the license in possession.
(b) The licensed hunter, and any accompanying dog handler, must be on foot and must wear blaze orange or blaze pink as provided in section 97B.071, paragraph (a).
(c) Any light used must be a handheld artificial light, as defined under section 97B.081, subdivision 3, paragraph (f).
(a) A dog used to locate a wounded deer or bear must be accompanied by a licensed hunter and any dog handler until the wounded deer or bear is located. The dog must be leashed and the licensed hunter or dog handler must be in physical control of the leash at all times. The leash must not exceed 30 feet in length.
(b) The dog owner's information, including the owner's name and telephone number, must be on the dog while the dog is used to locate a wounded deer or bear under this section.
(c) The licensed hunter and any accompanying dog handler are jointly and severally responsible for a dog under this section. A violation of this subdivision is a misdemeanor under section 97A.301, subdivision 1, and section 97A.421 applies.
(a) The trespass provisions in section 97B.001 apply to activities under this section, including all requirements to gain permission to enter private or public property.
(b) Activities under this section may occur during legal shooting hours or outside legal shooting hours of the open season for the location and species. Any activity occurring under this section outside the open season for the location and species must be reported to the local conservation officer before locating or retrieving the wounded deer or bear.
97B.211 HUNTING BIG GAME BY ARCHERY.
(a) A person may not take deer by archery while in possession of a firearm.
(b) Paragraph (a) does not apply to a person carrying a handgun in compliance with section 624.714.
Arrowheads used for taking big game must be sharp, have a minimum of two metal cutting edges, be of a barbless broadhead design, and must have a diameter of at least seven-eighths inch. The commissioner may allow retractable broadhead arrowheads that meet the other requirements of this subdivision.
97A.155 AMENDMENTS TO LEECH LAKE INDIAN RESERVATION AGREEMENT.
The commissioner may enter into an agreement with authorized representatives of the Leech Lake Band of Chippewa Indians to amend the settlement agreement adopted by section 97A.151 by providing that in lieu of the system of special licenses and license fees for persons who are not members of the Minnesota Chippewa tribe for the privilege of hunting, fishing, trapping, or taking minnows and other bait within the reservation, five percent of the proceeds from all licenses sold in the state for hunting, fishing, trapping, and taking minnows and other bait shall be credited to the special license account established by section 97A.151. The funds shall be remitted to the Leech Lake Band in the manner and subject to the terms and conditions that may be mutually agreed upon.
The commissioner may enter into an agreement with the Reservation Business Committee of the Leech Lake Indian Reservation to amend the settlement agreement adopted in section 97A.151 by providing that in lieu of collecting an additional fee in connection with the state migratory-waterfowl stamp for the privilege of hunting waterfowl on the Leech Lake Indian Reservation five percent of the proceeds from the sale of state migratory-waterfowl stamps shall be credited to the special license account established by section 97A.151. The funds shall be remitted to the Leech Lake Reservation Business Committee in the manner and subject to the terms and conditions provided in section 97A.151.
The commissioner shall not interpret commercial fishing in the settlement agreement in a manner that restricts aquaculture by the Leech Lake Band, or Leech Lake Band members, that is conducted consistent with state policies, laws, and regulations relating to aquaculture.
97C.351 FISH NETS; TAGS.
A person may not possess a fish net unless specifically authorized or a tag is attached bearing the name and address of the owner when the net is not in use and the name and address of the operator when the net is in use, as prescribed by the commissioner. This section does not apply to minnow nets, landing nets, dip nets, and nets in stock for sale by dealers.
97A.157 1854 TREATY AREA AGREEMENT.
The purpose of this section is to effectuate resolution of issues in dispute between the state of Minnesota and the Grand Portage, Bois Forte, and Fond du Lac Bands of Chippewa Indians that relate to hunting, fishing, trapping, and gathering in the Ceded Area described in the September 30, 1854, treaty between the Lake Superior Chippewa and the government of the United States. This treaty was ratified by the United States Senate on January 10, 1855, and was recognized and affirmed in a subsequent treaty between the Bois Forte Band of Chippewa Indians and the government of the United States dated April 7, 1866, and ratified by the United States Senate on April 26, 1866. The enforcement of certain rights claimed by Lake Superior Chippewas under these treaties has been sought in a civil action brought in the United States District Court for the District of Minnesota, Fourth Division, that is entitled Grand Portage Band of Chippewas, et al. v. State of Minnesota, et al., Civ. No. 4-85-1090. The state of Minnesota desires to settle all outstanding matters relating to the above dispute.
The parties to the above named civil action have negotiated a settlement of the dispute and have filed an executed copy of their "Memorandum of Agreement" with the court on February 16, 1988.
The state of Minnesota, by the enactment of this section, ratifies and affirms the Memorandum of Agreement, provided the agreement is amended by July 1, 1988, by the addition of the following language: "Any party in the Memorandum of Agreement may cancel this agreement upon one year's written notice to the other parties."
The commissioner of natural resources, on behalf of the state of Minnesota, shall take all actions, by rule or otherwise, necessary to carry out the duties and obligations of the state of Minnesota arising from the Memorandum of Agreement. Powers and duties provided by this subdivision apply to payment of money under the Memorandum of Agreement only to the extent and to the amount specifically appropriated by the legislature to carry out the terms of the Memorandum of Agreement.
97B.22 COLLECTING ANTLER SHEDS.
(a) A person may take and possess naturally shed antlers without a license.
(b) A person may not place, arrange, or set equipment in a manner that is likely to artificially pull, sever, or otherwise cause antlers of live deer, moose, elk, or caribou to be shed or removed.
97B.301 DEER LICENSES AND LIMITS.
A person may not take deer without a license. A person must have a firearms deer license to take deer with firearms during the regular firearms season, a muzzleloader license to take deer with a muzzleloader during the muzzleloader season, and an archery deer license to take deer by archery except as provided in this section.
A person may obtain one regular firearms season deer license, one muzzleloader season deer license, and one archery season deer license in the same license year, but may not take more than one deer except as provided in subdivisions 3 and 4.
If two or more persons with licenses to take deer by firearms, or two or more persons with licenses to take deer by archery, are hunting as a party, a member of the party may take more than one deer, but the total number of deer taken by the party may not exceed the number of persons licensed to take deer in the party.
The commissioner may, by rule, allow a person to take more than one deer. The commissioner shall prescribe the conditions for taking the additional deer including:
(1) taking by firearm, muzzleloader, or archery;
(2) obtaining additional licenses;
(3) payment of a fee not more than the fee for a firearms deer license; and
(4) the total number of deer that an individual may take.
[Repealed, 1995 c 220 s 141; 1Sp1995 c 1 s 48]
A resident or nonresident under the age of 18 may take a deer of either sex except in those antlerless permit areas and seasons where no antlerless permits are offered. In antlerless permit areas where no antlerless permits are offered, the commissioner may provide a limited number of youth either sex permits to residents or nonresidents under age 18, under the procedures provided in section 97B.305, and may give preference to residents or nonresidents under the age of 18 that have not previously been selected. This subdivision does not authorize the taking of a deer by another member of a party under subdivision 3.
[Repealed, 2009 c 176 art 2 s 71]
[Repealed, 2009 c 176 art 2 s 71]
A resident age 84 or over may take a deer of either sex. This subdivision does not authorize the taking of an antlerless deer by another member of a party under subdivision 3.
97C.363 STORING GARBAGE AND OTHER WASTE ON ICE.
A person using a shelter, a motor vehicle, or any other conveyance on the ice of state waters may not deposit garbage, rubbish, cigarette filters, debris from fireworks, offal, the body of a dead animal, litter, sewage, or any other waste outside the shelter, motor vehicle, or conveyance unless the material is:
(1) placed in a container that is secured to the shelter, motor vehicle, or conveyance; and
(2) not placed directly on the ice or in state waters.
For purposes of this section, "sewage" means excrementitious or other discharge from the bodies of human beings or animals, together with such other water as may be present.
A violation of this section is a petty misdemeanor, and a person who violates this section is subject to a civil penalty of $100 for each violation.
97A.161 AGREEMENT WITH WHITE EARTH INDIANS.
The commissioner may enter into an agreement with authorized representatives of the White Earth Band of Chippewa Indians on substantially the same terms as the agreement adopted by section 97A.151 and amended under section 97A.155; except that the agreement shall provide that 2-1/2 percent of the proceeds from all licenses sold in the state for hunting, fishing, trapping, and taking of minnows and other bait shall be credited to the special license account established by section 97A.151. The funds shall be remitted to the White Earth Band in the manner and subject to the terms and conditions that may be mutually agreed upon. An agreement negotiated under this section shall be for a term of at least four years following the date of its execution.
97A.201 ENFORCEMENT.
The commissioner shall execute and enforce the laws relating to wild animals. The commissioner may delegate execution and enforcement of the wild animal laws to the director and enforcement officers.
All peace officers must enforce the game and fish laws.
County attorneys are the primary prosecuting authority for violations under section 97A.205, paragraph (a), clause (5). Prosecution includes associated civil forfeiture actions provided by law.
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and designate areas where deer may be taken, including hunter selection criteria for special hunts established under section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms, between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may establish special seasons within designated areas at any time of year.
97B.305 COMMISSIONER MAY LIMIT NUMBER OF DEER HUNTERS.
The commissioner may limit the number of persons that may hunt deer in an area if it is necessary to prevent an overharvest or improve the distribution of hunters. The commissioner may, by rule, establish a method, including a drawing, to impartially select the hunters for an area. The commissioner shall give preference to hunters that have previously applied and have not been selected.
97A.165 SOURCE OF PAYMENTS FOR INDIAN AGREEMENT.
Money to make payments to the Leech Lake Band, the 1854 Treaty Area agreement, and White Earth Band special license account under sections 97A.151, subdivision 4, 97A.155, subdivision 2, and 97A.157, subdivision 4, is annually appropriated for that purpose from the general fund.
97B.303 VENISON DONATIONS.
An individual who legally takes a deer may donate the deer, for distribution to charitable food assistance programs, to a meat processor that is licensed under chapter 28A. An individual donating a deer must supply the processor with the licensee's DNR number under which the deer was taken.
97A.205 ENFORCEMENT OFFICER; POWERS.
(a) An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes relating to wild animals, wild rice, public waters, water pollution, conservation, and use of water, in the same manner as a sheriff;
(2) enter any land to carry out the duties and functions of the division;
(3) make investigations of violations of the game and fish laws;
(4) take an affidavit, if it aids an investigation;
(5) arrest, without a warrant, a person who is detected in the actual violation of the game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G, sections 86B.001 to 86B.815, 89.51 to 89.64; or 609.66, subdivision 1, clauses (1), (2), (5), and (7); and 609.68; and
(6) take an arrested person before a court in the county where the offense was committed and make a complaint.
(b) Nothing in this section grants an enforcement officer any greater powers than other licensed peace officers.
97C.361 RESTRICTIONS ON FISH HOUSES AND DARK HOUSES IN BOUNDARY WATERS CANOE AREA.
A person may only use a portable fish house or dark house within the Boundary Waters Canoe Area. The house must be removed from the waters and collapsed or disassembled each night. The house may not remain in the Boundary Waters Canoe Area if the person leaves the Boundary Waters Canoe Area.
97C.371 SPEARING FISH.
Only common carp, native rough fish, catfish, lake whitefish, cisco (tullibee), and northern pike may be taken by spearing.
Catfish, lake whitefish, cisco (tullibee), and northern pike may be speared only from dark houses.
A person may not take fish by angling or the use of tip-ups while spearing fish in a dark house, except that a person may take fish by angling if only one angling line is in use and any fish caught by angling is immediately released to the water or placed on the ice.
The open season for spearing through the ice is November 15 through the last Sunday in February.
Nonresidents may spear from a fish house or dark house.
97C.375 TAKING NATIVE ROUGH FISH AND COMMON CARP BY SPEARING.
(a) A resident or nonresident may take native rough fish and common carp by spearing according to paragraph (b) and during the times, in waters, and in the manner prescribed by the commissioner.
(b) Suckers may be taken by spearing from May 1 through the last day in February.
97A.211 ARREST PROCEDURES.
(a) A person must be given notice to appear in court for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 if:
(1) the person is arrested and is released from custody prior to appearing before a court; or
(2) the person is subject to a lawful arrest and is not arrested because it reasonably appears to the enforcement officer that arrest is unnecessary to prevent further criminal conduct and that there is a substantial likelihood that the person will respond to a notice.
(b) The enforcement officer shall prepare a written or electronic notice to appear in court as provided by Rules of Criminal Procedure and section 169.99. The notice must be in the form and has the effect of a summons and complaint. The notice must contain the name and address of the person charged and the offense. The notice must contain the time and the place to appear in court or must direct the defendant to contact the court or violations bureau to schedule an appearance.
A person arrested for a misdemeanor violation of the game and fish laws; chapter 84, 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 103F.601 or 609.68 may obtain release by promising to appear in court. The officer shall deliver a notice to the person arrested. The officer must then release the person from custody.
On or before the court appearance date, the enforcement officer must deliver the summons and complaint to the court. If the person summoned fails to appear in court on the day specified, the court shall issue a warrant for the person's arrest.
97C.376 BOW FISHING.
(a) The regular bow-fishing season for residents and nonresidents is from May 1 through the last day in February at any time of the day.
(b) The early bow-fishing season for residents and nonresidents is open only south of State Highway 210 from March 1 through the last day in April at any time of the day. During the early season, a person may bow fish:
(1) only from a boat; and
(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.
A person may possess bows and arrows for the purposes of bow fishing on or within 100 feet of waters at any time from the last Saturday in April to the last Sunday in February and at other times on lakes and rivers south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local ordinances. A person must take reasonable measures to retrieve arrows and wounded fish.
(a) From sunset to sunrise, the noise limits for total noise while bow fishing must not exceed a noise level of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner in a pass-by test.
(b) The noise limits under paragraph (a) shall be determined under a test procedure approved by the commissioner under section 86B.321, subdivision 2.
(c) The noise limits in paragraph (a) do not preclude enforcement of other laws relating to motorboat noise.
(d) The noise levels under section 86B.321 apply to persons traveling to and from bow-fishing sites from sunset to sunrise.
A person shall not discharge an arrow while bow fishing within 150 feet of an occupied structure or within 300 feet of a campsite from sunset to sunrise.
Native rough fish and common carp taken by bow fishing must not be returned to the water, and native rough fish and common carp may not be left on the banks of any water of the state.
97A.215 INSPECTIONS.
(a) When an enforcement officer has probable cause to believe that wild animals possessed or stored in violation of the game and fish laws are present, the enforcement officer may enter and inspect any commercial cold storage warehouse, hotel, restaurant, ice house, locker plant, butcher shop, and other building used to store dressed meat, game, or fish, to determine whether wild animals are kept and stored in compliance with the game and fish laws.
(b) When an enforcement officer has probable cause to believe that wild animals taken or possessed in violation of the game and fish laws are present, the officer may:
(1) enter and inspect any place or vehicle; and
(2) open and inspect any package or container.
An enforcement officer may inspect the relevant records of any person that the officer has probable cause to believe has violated the game and fish laws.
An enforcement officer may, at reasonable times:
(1) enter and inspect the premises of an activity requiring a license under the game and fish laws; and
(2) stop and inspect a motor vehicle requiring a license under the game and fish laws.
During an inspection under subdivision 3, if a person uses an electronic device to display a document to a conservation officer or peace officer:
(1) the officer is immune from liability for any damage to the device, unless the officer does not exercise due care in handling the device; and
(2) it does not constitute consent for the officer to access other contents on the device.
[See Note.]
97A.221 SEIZURE AND CONFISCATION OF PROPERTY.
(a) An enforcement officer may seize:
(1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported, or possessed in violation of the game and fish laws or chapter 84 or 84D; and
(2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights, lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment that are used with the owner's knowledge to unlawfully take or transport wild animals, wild rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section.
(b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is subject to the provisions of section 97A.225.
(c) An enforcement officer must seize nets and equipment unlawfully possessed within ten miles of Lake of the Woods or Rainy Lake.
A whole shipment or parcel is contraband if two or more wild animals are shipped or possessed in the same container, vehicle, or room, or in any way commingled, and any of the animals are contraband. Seizure of any part of a shipment includes the entire shipment.
The enforcement officer must hold the seized property. The property held may be confiscated when:
(1) the person from whom the property was seized is convicted, the conviction is not under appeal, and the time period for appeal of the conviction has expired; or
(2) the property seized is contraband consisting of a wild animal, wild rice, or other aquatic vegetation.
Confiscated property may be disposed of or retained for use by the commissioner, or sold at the highest price obtainable as prescribed by the commissioner. Upon acquittal or dismissal of the charged violation for which the property was seized:
(1) all property, other than contraband consisting of a wild animal, wild rice, or other aquatic vegetation, must be returned to the person from whom the property was seized; and
(2) the commissioner shall reimburse the person for any seized or confiscated property that is sold, lost, or damaged.
The appropriate agency and prosecuting authority shall report on forfeitures of firearms, bows, and motor vehicles occurring under this section as described in section 609.5315, subdivision 6.
97C.381 HARPOONING NATIVE ROUGH FISH.
A resident or nonresident may use a rubber powered gun, spring gun, or compressed air gun to take native rough fish and common carp by harpooning. The harpoon must be fastened to a line not more than 20 feet long. The commissioner may prescribe the times, the waters, and the manner for harpooning native rough fish and common carp.
97B.318 ARMS USE AREAS AND RESTRICTIONS; REGULAR FIREARMS SEASON.
During the regular firearms season in the shotgun use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns may be used for taking deer. Legal shotguns include those with rifled barrels. The shotgun use area is that portion of the state lying within the following described boundary: Beginning on the west boundary of the state at the northern boundary of Clay County; thence along the northern boundary of Clay County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence along the east, south, and west boundaries of the state to the point of beginning.
The all legal firearms use area is that part of the state lying outside of the shotgun use area.
97B.321 SNARES, TRAPS, SET GUNS, AND SWIVEL GUNS PROHIBITED.
A person may not take deer with the aid of a snare, trap, set gun, or swivel gun.
97C.385 COMMISSIONER'S AUTHORITY TO REGULATE WINTER FISHING.
If the commissioner closes the statutory open season for spearing a game fish or native rough fish species in any waters, the commissioner must, in the same rule, close the following statutory open season for angling for the same species in the waters in the same proportion.
If the commissioner reduces the limit of a species of game fish or native rough fish taken by spearing in any waters under section 97A.045, subdivision 2, the commissioner must reduce the limit for taking the species by angling in the waters during the following open season for angling.
The commissioner may not close the open season for taking game fish or native rough fish through the ice on more than 50 percent of the named lakes or streams of a county under section 97A.045, subdivision 2.
97A.223 SEIZURE AND ADMINISTRATIVE FORFEITURE OF CERTAIN FIREARMS AND ABANDONED PROPERTY.
(a) An enforcement officer must seize:
(1) firearms possessed in violation of state or federal law or court order; and
(2) property described in section 97A.221, subdivision 1, where no owner can be determined.
(b) Property seized under this section is subject to administrative forfeiture.
When property is seized under subdivision 1, the enforcement officer shall serve any known owner and person possessing the property with a notice of the seizure and intent to forfeit the property. The notice must be in writing, describing the property seized, the date of seizure, and notice of the right to appeal the seizure and forfeiture as described in subdivision 3.
Seizure and administrative forfeiture of property under this section may be appealed under the procedures in section 116.072, subdivision 6, if the owner or other person from whom the property was seized requests a hearing by notifying the commissioner in writing within 45 days after seizure of the property. For purposes of this section, the terms "commissioner" and "agency" as used in section 116.072 mean the commissioner of natural resources. If a hearing is not requested within 45 days of seizure, the forfeiture becomes a final order and not subject to further review.
The authority to forfeit firearms and other property under this section is in addition to other remedies available under state and federal law.
Forfeited property under this section may be disposed of as contraband according to section 97A.221, subdivision 4.
The appropriate agency and prosecuting authority shall report on forfeitures of firearms, bows, and motor vehicles occurring under this section as described in section 609.5315, subdivision 6.
97B.325 DEER STAND RESTRICTIONS.
A person may not take deer from a constructed platform or other structure that is located within the right-of-way of an improved public highway.
97C.391 BUYING AND SELLING FISH.
A person may not buy or sell fish taken from the waters of this state, except:
(1) minnows;
(2) common carp;
(3) smelt taken from Lake Superior and rivers and streams that flow into Lake Superior;
(4) fish taken under licensed commercial fishing operations;
(5) fish that are private aquatic life; and
(6) fish lawfully taken and subject to sale from other states and countries.
Largemouth bass, smallmouth bass, rock bass, muskellunge, and sunfish may be bought or sold by a private hatchery or aquatic farm, or as prescribed by the commissioner.
The commissioner may by rule establish reasonable conditions on the buying and selling of fish that would prevent or slow the spread of certifiable diseases and invasive species.
97B.328 BAITING PROHIBITED.
A person may not take deer with the aid or use of bait.
An area is considered baited for ten days after the complete removal of all bait.
(a) For purposes of this section, "bait" includes grains, fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and that has been placed by a person. "Baiting" means placing, exposing, depositing, distributing, or scattering bait that is capable of attracting or enticing deer.
(b) Liquid scents, salt, and minerals are not bait if they do not contain liquid or solid food ingredients.
(c) Agricultural crops from normal or accepted farming, forest management, wildlife food plantings, orchard management, or other similar land management activities are not bait. This exclusion does not apply to agricultural crops that have been reintroduced and concentrated where a person is hunting.
A person otherwise in compliance with this section who is hunting on private or public property that is adjacent to property where bait or food is present is not in violation of this section if the person has not participated in, been involved with, or agreed to baiting or feeding wildlife on the adjacent property.
97A.235 JURISDICTION OVER BOUNDARY WATERS.
Courts in counties having jurisdiction adjacent to boundary waters and enforcement officers have jurisdiction over the entire boundary waters. The courts and enforcement officers of North Dakota, South Dakota, Iowa, Wisconsin, and Michigan have concurrent jurisdiction over boundary waters.
97B.326 STANDS AND BLINDS ON PUBLIC LANDS.
Any unoccupied permanent stand or blind on public land is public and not the property of the person who constructed it.
97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.
A hunter legally taking a deer that is not a white-tailed or mule deer must report the type of deer taken to the commissioner of natural resources within seven days of taking. Violation of this section shall not result in a penalty and is not subject to section 97A.301.
97C.401 LIMITS.
Unless otherwise provided in this chapter, the commissioner shall, by rule, prescribe the limits on the number of each species of fish that may be taken in one day and the number that may be possessed.
A person may have no more than one walleye larger than 20 inches in possession. This subdivision does not apply to boundary waters.
The commissioner must annually establish daily and possession limits for gar under section 84.027, subdivision 13, paragraph (b).
97A.231 SEARCH WARRANTS.
Upon complaint establishing that the complainant has probable cause to believe that a wild animal taken, bought, sold, transported, or possessed in violation of the game and fish laws, or contraband, is concealed or illegally kept in a place, a judge, authorized to issue warrants in criminal cases, may issue a search warrant. The judge may direct that the place be entered, broken open, and examined. Property seized under the warrant shall be safely kept under the direction of the court so long as necessary for the purpose of being used as evidence in a trial and subsequently disposed of as otherwise provided.
97C.395 OPEN SEASONS FOR ANGLING.
(a) The open seasons to take fish by angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend through the last Sunday in February;
(2) for brown trout, brook trout, lake trout, rainbow trout, and splake, between January 1 through October 31 as prescribed by the commissioner by rule except as provided in section 97C.415, subdivision 2; and
(3) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are spawning and closing the season will protect the resource.
For sunfish, white crappie, black crappie, yellow perch, channel catfish, rock bass, white bass, yellow bass, burbot, cisco (tullibee), lake whitefish, common carp, and native rough fish, the open season is continuous.
97B.401 BEAR LICENSE REQUIRED; APPLICATION.
(a) A person may not take bear without a bear license except as provided in section 97B.415 to protect property.
(b) A person may not place bait for bears on or after the Friday nearest August 14 unless the person has a bear license or is operating under the direction of a person with a valid bear license.
(c) An application for a bear license must be made in the manner prescribed by the commissioner and accompanied by a $4 application fee. A person may not make more than one application for each season. If a person makes more than one application, the person is ineligible for a license for that season after determination by the commissioner, without a hearing.
97A.241 RECIPROCITY WITH OTHER STATES IN APPOINTING OFFICERS.
With approval of the proper authority of another state or the United States, the commissioner may appoint any salaried and bonded officer of that jurisdiction authorized to enforce its wild animal laws a special conservation officer of this state. A special conservation officer is subject to the supervision and control of and serves at the pleasure of the commissioner, but may not be compensated by this state. A special conservation officer has powers of and is subject to the liabilities of conservation officers of this state, except as otherwise directed by the commissioner.
An enforcement officer or peace officer of this state may enforce wild animal laws of another state, or the United States, under conditions prescribed by the commissioner. The officer may serve under the laws of another jurisdiction to the extent they are compatible with the duties of an officer of this state.
This section is effective with respect to another state or the United States to the extent that there is a similar provision in effect in that jurisdiction with respect to this state.
97A.245 REWARDS.
The commissioner may pay rewards for information leading to the conviction of a person that has violated a provision of laws relating to wild animals or threatened or endangered species of wildlife. A reward may not exceed $500, except a reward for information relating to big game or threatened or endangered species of wildlife, may be up to $1,000 and a reward for information relating to wolves may be up to $2,500. The rewards may only be paid from funds donated to the commissioner for these purposes and may not be paid to salaried conservation officers or peace officers.
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
(a) The commissioner may limit the number of persons that may hunt bear in an area, if it is necessary to prevent an overharvest or improve the distribution of hunters. The commissioner may establish, by rule, a method, including a drawing, to impartially select the hunters for an area. The commissioner shall give preference to hunters that have previously applied and have not been selected.
(b) If the commissioner limits the number of persons that may hunt bear in an area under paragraph (a), the commissioner must reserve one permit and give first preference for that permit to a resident of a Minnesota veterans home.
(c) A person selected through a drawing must purchase a license by August 1. Any remaining available licenses not purchased shall be issued to any eligible person as prescribed by the commissioner on a first-come, first-served basis beginning three business days after August 1.
97A.251 OBSTRUCTING OFFICERS.
A person may not:
(1) intentionally hinder, resist, or obstruct an enforcement officer, agent, or employee of the division in the performance of official duties;
(2) refuse to submit to inspection of equipment used to take wild animals while in the field, licenses, or wild animals; or
(3) refuse to allow inspection of a motor vehicle, boat, or other conveyance used while taking or transporting wild animals.
In addition to criminal prosecution, the state may bring a civil action to recover damages resulting from and enjoin the continuance of a violation of this section. The civil actions may be brought by the attorney general on the request of the commissioner.
97B.411 BEAR SEASON AND RESTRICTIONS.
The commissioner may, by rule, prescribe the open season and the areas and restrictions for the taking of bear.
97A.255 PROSECUTIONS.
A prosecution under the game and fish laws may not be brought more than three years after commission of the offense.
(a) In a prosecution that alleges animals have been taken, bought, sold, transported, or possessed in violation of the game and fish laws, the burden of establishing that the animals were domesticated, reared in a private preserve, raised in a private fish hatchery or aquatic farm, taken for scientific purposes, lawfully taken, or received as a gift, is on the defendant.
(b) The commissioner may by rule prescribe the documentation or other evidence sufficient to demonstrate lawful possession of:
(1) a wild animal received as a gift; and
(2) a wild animal taken on an Indian reservation or in another state, province, or country.
[Repealed, 1987 c 149 art 1 s 54]
(a) Except as allowed in paragraph (b), each wild animal unlawfully taken, bought, sold, transported, or possessed is a separate offense. If acquitted, a person may not be prosecuted for a similar offense involving another animal in the same incident.
(b) In any prosecution that involves two or more offenses committed by the same person within six months in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses in aggregate.
When two or more people intentionally aid, advise, counsel, conspire with, or act in concert with each other to unlawfully take, transport, or possess wild animals when the restitution value of the wild animals exceeds $500, each person is jointly and severally liable for the wild animals for purposes of:
(1) license seizure, invalidation, and revocation under sections 97A.420 and 97A.421;
(2) equipment and property seizure under section 97A.221;
(3) boat, motor, and trailer seizure under section 97A.225; and
(4) restitution under section 97A.341.
[See Note.]
97B.415 TAKING BEAR TO PROTECT PROPERTY.
A person may take a bear at any time to protect the person's property. The person must report the bear taken to a conservation officer within 48 hours. The bear may be disposed of as prescribed by the commissioner.
97A.301 GENERAL PENALTY PROVISIONS.
Unless a different penalty is prescribed, a person is guilty of a misdemeanor if that person:
(1) violates the game and fish laws;
(2) aids or assists in committing the violation;
(3) knowingly shares in the proceeds of the violation;
(4) fails to perform a duty or comply with a requirement of the game and fish laws;
(5) knowingly makes a false statement related to an affidavit regarding a violation or requirement of the game and fish laws; or
(6) violates or attempts to violate a rule under the game and fish laws.
Unless a different penalty is prescribed, a person convicted of violating a provision of the game and fish laws that is defined as a gross misdemeanor is subject to a fine of not less than $100 nor more than $3,000 and imprisonment in the county jail for not less than 90 days or more than 364 days.
97A.305 IMPERSONATING ENFORCEMENT OFFICER.
A person that purports to be acting in an official capacity and causes another to be injured or defrauded while falsely impersonating an enforcement officer or other officer acting under authority of the game and fish laws, or falsely claiming to have special authority under those laws, is guilty of a gross misdemeanor.
97C.415 TROUT AND SALMON.
A person may not take trout, except lake trout, between 11:00 p.m. and one hour before sunrise.
The commissioner may prescribe the open season and conditions for taking brook trout, brown trout, rainbow trout, steelhead trout, and salmon in any portion of a stream that flows into Lake Superior.
The commissioner may prescribe, by rule, the method of taking and possessing salmon.
97B.421 PERMIT REQUIRED TO SNARE BEARS.
A person may not use a snare to take a bear except under a permit from the commissioner.
97C.411 STURGEON AND PADDLEFISH.
Lake sturgeon, shovelnose sturgeon, and paddlefish may not be taken, bought, sold, transported or possessed except as provided by rule of the commissioner.
97B.425 BAITING BEARS.
Notwithstanding section 609.68, a person may place bait to take bear and must display a tag at each site where bait is placed and register the sites. The commissioner shall prescribe the method of tagging and registering the sites. The tag displayed at each site where bait is placed must contain: (i) the licensee's name and address; (ii) the licensee's driver's license number; or (iii) the "MDNR#" license identification number issued to the licensee for a licensed bear hunter or a licensed bear outfitter. A person must have the license identification number of the person with the bear license in their possession or be a licensed bear outfitter while attending a bear bait station. To attract bear a person may not use a bait with:
(1) a carcass from a mammal, if the carcass contains more than 25 percent of the intact carcass;
(2) meat from mammals, if the meat contains bones;
(3) bones of mammals;
(4) solid waste containing bottles, cans, plastic, paper, or metal;
(5) materials that are not readily biodegradable; or
(6) any part of a swine, except cured pork.
97C.417 REPORTING INVASIVE CARP.
A person who takes any of the following invasive carp species must report the type of carp taken to the commissioner within seven days of taking:
(1) grass carp (Ctenopharyngodon idella);
(2) bighead carp (Hypophthalmichthys nobilis); or
(3) silver carp (Hypophthalmichthys molitrix).
97A.311 LICENSES.
A person that alters a license in a material manner is guilty of a misdemeanor.
A person that knowingly makes a false statement related to an application for a license, a license, or certificate, required by or issued under the game and fish laws, is guilty of a misdemeanor.
A license agent that knowingly issues a license to an ineligible person or predates a license is guilty of a misdemeanor.
In addition to other penalties, a license agent that violates a law or rule of the commissioner relating to license sales, handling, or accounting forfeits the right to sell and handle licenses for a period of one year.
(a) The commissioner may issue a refund on a license, not including any issuing fees paid under section 97A.485, subdivision 6, if the request is received within 90 days of the original license purchase and:
(1) the licensee dies before the opening of the licensed season. The original license and a copy of the death certificate must be provided to the commissioner;
(2) the licensee is unable to participate in the licensed activity because the licensee is called to active military duty or military leave is canceled during the entire open season of the licensed activity. The original license and a copy of the military orders or notice of cancellation of leave must be provided to the commissioner;
(3) the licensee purchased two licenses for the same license season in error;
(4) the licensee was not legally required to purchase the license to participate in the activity; or
(5) evidence is provided to the commissioner that demonstrates the license was issued incorrectly by the department or license agent.
(b) This subdivision does not apply to lifetime licenses.
The commissioner may correct a license or license type and refund the difference or charge the difference of the corrected license fee if:
(1) the licensee provides evidence that the license was issued incorrectly by the department or license agent;
(2) the request is made within 30 days of the original license purchase;
(3) the season or license activities for the original license have not yet started at the time of the request; and
(4) the licensee is entitled to the corrected license.
97A.315 TRESPASS.
(a) Except as provided in paragraph (b), a person that violates a provision of section 97B.001, relating to trespass is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor if the person:
(1) knowingly disregards signs prohibiting trespass;
(2) trespasses after personally being notified by the landowner or lessee not to trespass; or
(3) is convicted of violating this section more than once in a three-year period.
(c) Notwithstanding section 609.101, subdivision 4, clause (2), for a misdemeanor violation, the minimum fine for a person who operates an off-highway motorcycle, off-road vehicle, all-terrain vehicle, or snowmobile in violation of this section must not be less than the amount set forth in section 84.775.
(a) If a person is convicted of trespassing under subdivision 1 while exercising or attempting to exercise an activity licensed under the game and fish laws or requiring snowmobile registration under section 84.82, the applicable license and registration are null and void.
(b) A person convicted of a gross misdemeanor under subdivision 1, paragraph (b), may not be issued a license to take game for two years after the conviction.