piers109uk/MN-Statutes huggingface dataset:
97B.426 BAITING BEAR; USE OF DRUM.
(a) Notwithstanding section 97B.425, clauses (4) and (5):
(1) a private landowner or person authorized by the private landowner may use a drum to bait bear on the person's private land; and
(2) a resident may use a drum to bait bear on public land after paying a $5 drum surcharge.
(b) The drum must be securely chained or cabled to a tree so that it cannot be moved from the site by a bear and the drum may not include a mechanical device for dispensing feed. The drum must be part of a registered bait station and marked as provided in section 97B.425. For a drum placed on public land under paragraph (a), clause (2), the drum also must:
(1) be permanently marked with the information required in this paragraph;
(2) include the global positioning system information on the location of the drum as part of the registration of the bait station under section 97B.425;
(3) not be placed on public land before the date allowed for placing bait under rules prescribed by the commissioner; and
(4) be removed within seven days after the end of each bear hunting season.
(c) For purposes of this section, "drum" means a 30 gallon or larger drum.
(d) A person who violates paragraph (b) is guilty of a petty misdemeanor.
97B.431 BEAR-HUNTING OUTFITTERS.
(a) A person may not place bait for bear, or guide hunters to take bear, for compensation without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a license to take bear unless the outfitter is attempting to shoot a bear. The commissioner shall adopt rules for qualifications for issuance and administration of the licenses.
(b) The commissioner shall establish a resident master bear-hunting-outfitter license under which one person serves as the bear-hunting outfitter and one other person is eligible to guide and bait bear. Additional persons may be added to the license and are eligible to guide and bait bear under the license, provided the additional fee under section 97A.475, subdivision 16, is paid for each person added. The commissioner shall adopt rules for qualifications for issuance and administration of the licenses. The commissioner must not require a person to have certification or training in first aid or CPR to be eligible for a license under this section.
97B.501 MOOSE LICENSE REQUIRED.
A person may not take moose without a moose license.
97A.321 DOGS PURSUING, WOUNDING, OR KILLING BIG GAME.
(a) The owner of a dog that pursues but does not kill or mortally wound a big game animal is subject to a civil penalty of $100 for each violation. The owner of a dog that kills or mortally wounds a big game animal is subject to a civil penalty of $500 for each violation.
(b) Paragraph (a) does not apply to a person using a dog in compliance with section 97B.207.
Civil penalties under this section may be appealed according to procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying the commissioner in writing within 15 days after receipt of the citation. If a hearing is not requested within the 15-day period, the civil penalty becomes a final order not subject to further review.
Civil penalties under this section may be enforced according to section 116.072, subdivisions 9 and 10.
Penalty amounts shall be remitted to the commissioner within 30 days of issuance of the penalty notice and shall be deposited in the game and fish fund.
97C.502 MINNOWS AND LEECHES; INVASIVE SPECIES TRAINING REQUIRED.
A minnow dealer, and each person working under the minnow dealer's license, must annually satisfactorily complete aquatic invasive-species-related training provided by the commissioner before taking, selling, or transporting for sale minnows within the state.
Minnow dealers, and each person working under the minnow dealer's license, must have a valid invasive species training certification in possession while taking, selling, or transporting for sale minnows within the state. A person who only sells minnows for the licensed minnow dealer at a retail location is not required to have a training certification.
A resident under age 18 must annually satisfactorily complete aquatic invasive-species-related training provided by the commissioner before taking, selling, or transporting for sale leeches within the state. A resident under age 18 must have a valid invasive species training certification in possession while taking, selling, or transporting for sale leeches within the state.
97C.505 MINNOWS.
(a) Minnows may be taken, possessed, bought, and sold, subject to the restrictions in this chapter, section 84D.03, subdivision 3, and rules adopted by the commissioner under paragraph (b). A person may not take, possess, or sell minnows except for use as bait or for ornamental or aquacultural purposes.
(b) The commissioner may adopt rules for the taking, possession, purchase, sale, and transportation of minnows.
The open season for taking minnows is continuous, except as provided in subdivision 3.
The commissioner may close any state waters for commercially taking minnows if a survey is conducted and the commissioner determines it is necessary to close the waters to prevent depletion or extinction of the minnows.
[Repealed, 1Sp1995 c 1 s 48]
A person may not take minnows from designated trout lakes or trout streams without a special permit issued by the commissioner.
A person must use equipment approved by the commissioner to possess or transport minnows for sale. This subdivision does not apply to licensed aquatic farms.
A person may not knowingly damage, disturb, or interfere with legal commercial minnow harvest operations.
When nets and traps are lawfully set and tended, minnows, incidentally taken game fish under four inches in length, and incidentally taken native rough fish that are not classified as minnows are not considered to be in possession until the minnows, native rough fish, or game fish are placed on a motor vehicle or trailer for transport on land.
97A.325 PENALTIES FOR UNLAWFULLY BUYING OR SELLING WILD ANIMALS.
(a) A person that buys or sells protected wild animals in violation of the game and fish laws where the sales total $300 or more is guilty of a gross misdemeanor. The person is subject to the penalty in section 97A.301, subdivision 2, except that the fine may not be less than $3,000 or more than $10,000.
(b) Licenses possessed by a person convicted under this subdivision are null and void and the person may not take wild animals for three years after the conviction.
Except as provided in subdivision 1, a person that violates a provision of the game and fish laws relating to buying or selling deer, bear, moose, elk, or caribou is guilty of a gross misdemeanor.
Except as provided in subdivision 1, a person that buys or sells small game or game fish in violation of the game and fish laws where the sales total $50 or more is guilty of a gross misdemeanor.
Except as provided in subdivision 1, a person that buys fur-bearing animals in violation of the game and fish laws is guilty of a gross misdemeanor.
97A.331 PENALTIES RELATED TO HUNTING.
A person that violates the provision of section 97B.065 relating to hunting while under the influence of alcohol or a controlled substance is guilty of a gross misdemeanor.
A person that violates section 97B.081, subdivision 1, relating to the use of an artificial light to locate wild animals is guilty of a gross misdemeanor.
A person that knowingly transports big game taken in violation of the game and fish laws is guilty of a gross misdemeanor.
A person that takes or illegally possesses big game during the closed season is guilty of a gross misdemeanor.
Notwithstanding section 97A.421, subdivision 7, a person who takes big game during the time the person is prohibited from obtaining a license to take big game under section 97A.421 is guilty of a gross misdemeanor.
A person that unlawfully takes, transports, or possesses moose, elk, or caribou in violation of the game and fish laws is guilty of a gross misdemeanor.
A person that takes, transports, or possesses pine marten, otter, fisher, or wolverine in violation of the game and fish laws is guilty of a gross misdemeanor.
[Repealed, 2012 c 277 art 1 s 91]
97B.505 MOOSE SEASON AND RESTRICTIONS.
The commissioner may, by rule, prescribe the open season and the areas and conditions for the taking of moose.
97C.511 MINNOW SEINES.
Except as provided in subdivision 2, a person may not take minnows with a seine longer than 25 feet, and deeper than:
(1) 148 meshes of 1/4-inch bar measure;
(2) 197 meshes of 3/16-inch bar measure; or
(3) four feet of material of less than 3/16-inch bar measure.
A minnow dealer may take minnows with a seine that is not longer than 50 feet, and not deeper than:
(1) 222 meshes of 1/4-inch bar measure;
(2) 296 meshes of 3/16-inch bar measure; or
(3) six feet of material of less than 3/16-inch bar measure.
97A.335 PENALTIES RELATED TO FISHING.
A person that takes fish with devices, chemicals or substances in violation of section 97C.325, is guilty of a gross misdemeanor.
A person who takes or possesses a muskellunge in violation of the game and fish laws is guilty of a misdemeanor and subject to a fine of up to $1,000.
97C.521 TRANSPORTING CARP FINGERLINGS PROHIBITED.
Except as provided in section 17.4984, subdivision 2, paragraph (g), a person may not transport live carp fingerlings.
97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.
(a) A person who takes, possesses, or transports wild animals over the legal limit, in closed season, or without a valid license, when the restitution value of the wild animals is over $1,000 is guilty of a gross overlimit violation. Except as provided in paragraph (b), a violation under this paragraph is a gross misdemeanor.
(b) If a wild animal involved in a gross overlimit violation is listed as a threatened or endangered wild animal, the penalty in paragraph (a) does not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws.
97B.516 PLAN FOR ELK MANAGEMENT.
(a) The commissioner of natural resources must adopt an elk management plan that:
(1) recognizes the value and uniqueness of elk;
(2) provides for integrated management of an elk population in harmony with the environment; and
(3) affords optimum recreational opportunities.
(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd in Kittson, Roseau, Marshall, or Beltrami Counties in a manner that would increase the size of the herd, including adoption or implementation of an elk management plan designed to increase an elk herd, unless the commissioner of agriculture verifies that crop and fence damages paid under section 3.7371 and attributed to the herd have not increased for at least two years.
(c) At least 60 days prior to implementing a plan to increase an elk herd, the commissioners of natural resources and agriculture must hold a joint public meeting in the county where the elk herd to be increased is located. At the meeting, the commissioners must present evidence that crop and fence damages have not increased in the prior two years and must detail the practices that will be used to reduce elk conflicts with area landowners.
97B.601 SMALL-GAME LICENSES.
A person may not take small game without a small-game license except as provided in subdivision 4.
A person may not take small game with traps without a trapping license and a small-game license except as provided in subdivision 4.
A nonresident may not take raccoon or bobcat by firearms without a separate license to take that animal in addition to a small-game license.
A nonresident may take small game, except wolves, by trapping only on land owned by the nonresident, if the nonresident possesses a trapping license for fur-bearing animals other than wolves and a small-game license.
(a) A resident under age 16 may take small game, other than wolves, without a small-game license, and a resident under age 13 may trap small game and fur-bearing animals, other than wolves, without a trapping license, as provided in section 97A.451, subdivision 3.
(b) A person may take small game, other than wolves, without a small-game license on land occupied by the person as a principal residence.
(c) An owner or occupant may take certain small game causing damage without a small-game or trapping license as provided in section 97B.655.
(d) A person may use dogs to pursue and tree raccoons under section 97B.621, subdivision 2, during the closed season without a license.
(e) A person may take a wolf, turkey, or prairie chicken without a small-game license.
97B.515 TAKING ELK.
A person may not take an elk without an elk license.
The commissioner may, by rule, prescribe the open season and the areas and conditions for the taking of elk when the precalving population exceeds 20 animals.
[Repealed, 1Sp2011 c 2 art 5 s 70]
The commissioner may authorize licensed hunters to take elk that are causing damage or nuisance from August 15 to March 1 under rules prescribed by the commissioner. The commissioner may issue licenses to hunters impartially selected from a list of elk hunt applicants who indicated on their application that they would be interested and available to respond to an elk damage or nuisance situation. Notwithstanding section 97A.433, subdivision 2, clause (2), a person receiving a license to hunt elk under this subdivision does not lose eligibility for future elk hunts.
97A.341 RESTITUTION FOR WILD ANIMALS ILLEGALLY TAKEN.
A person who kills, injures, or possesses a wild animal in violation of the game and fish laws or section 343.21 is liable to the state for the value of the wild animal as provided in this section. Species afforded protection include members of the following groups as defined by statute or rule: game fish, native rough fish, game birds, big game, small game, fur-bearing animals, minnows, and threatened and endangered animal species. Other animal species may be added by rule of the commissioner as determined after public meetings and notification of the chairs of the environment and natural resources committees in the senate and house of representatives.
(a) An enforcement officer who arrests a person for killing, injuring, or possessing a wild animal in violation of the game and fish laws or section 343.21 must describe the number, species, and restitution value of wild animals illegally killed, injured, or possessed on the warrant or the notice to appear in court.
(b) As part of the charge against a person arrested for killing, injuring, or possessing a wild animal in violation of the game and fish laws or section 343.21, the prosecuting attorney must include a demand that restitution be made to the state for the value of the wild animal killed, injured, or possessed. The demand for restitution is in addition to the criminal penalties otherwise provided for the violation.
If a person is convicted of or pleads guilty to killing, injuring, or possessing a wild animal in violation of the game and fish laws or section 343.21, the court must require the person to pay restitution to the state for replacement of the wild animal as part of the sentence or state in writing why restitution was not imposed. The court may consider the economic circumstances of the person and, in lieu of monetary restitution, order the person to perform conservation work representing the amount of restitution that will aid the propagation of wild animals. If the court does not order a person to pay restitution, the court administrator must send a copy of the court order to the commissioner.
The amount of restitution shall be determined by the court by a preponderance of the evidence. In determining the amount of restitution, the court must consider the value of the wild animal under section 97A.345.
The court administrator shall forward restitution collected under this section to the commissioner of management and budget and the commissioner shall credit all money forwarded to the game and fish fund in the state treasury.
97C.525 RESTRICTIONS ON TRANSPORTING MINNOWS.
This section does not apply to the transportation of 24 dozen minnows, or less, or to transportation with a permit issued under section 97C.515, subdivision 2.
A person may not transport minnows out of the state, except as provided in this section.
A resident minnow dealer or a nonresident exporting minnow dealer may transport minnows out of the state. A nonresident exporting minnow dealer must possess a bill of lading issued by a resident minnow dealer with an exporting minnow dealer's license. The bill of lading must be on a form furnished by the commissioner and must state the nonresident exporting minnow dealer's name and address, the route through the state, number and species of minnows, and the time it was issued.
A minnow retailer transporting minnows from a place of wholesale purchase to the retailer's place of business must use the most reasonably direct route.
The nonresident exporting minnow dealer must transport the minnows out of the state within 24 hours of the time of issuance stated on the bill of lading. A person may not transport minnows in a motor vehicle licensed in another state without an exporting minnow dealer's vehicle license.
An exporting minnow dealer may transport minnows by common carrier and must provide on request by the commissioner information pertaining to product, quantity, and destination.
97A.345 RESTITUTION VALUE OF WILD ANIMALS.
(a) The commissioner may, by rules adopted under chapter 14, prescribe the dollar value to the state of species of wild animals. The value may reflect the value to other persons to legally take the wild animal, the replacement cost, or the intrinsic value to the state of the wild animals. Species of wild animals with similar values may be grouped together.
(b) The value of a wild animal under the rules adopted by the commissioner is prima facie evidence of a wild animal's value under section 97A.341.
(c) The commissioner shall report annually to the legislature the amount of restitution collected under section 97A.341 and the manner in which the funds were expended.
(d) When a person kills, injures, or possesses a wild animal in violation of section 343.21, the restitution value prescribed by the commissioner under paragraph (a) is doubled.
97C.601 FROGS.
The open season for frogs is May 16 through March 31. The commissioner may, by rule, establish closed seasons in specified areas.
(a) A person may not take or possess frogs without an angling license if the person is required to have an angling license to take fish.
(b) A person may not purchase, possess, and transport frogs for purposes other than bait without a license to purchase, possess, and transport frogs.
(c) A person may not take, possess, transport, and sell frogs for purposes other than bait without a license to take, possess, transport, and sell frogs.
A person may not use cloth screens or similar devices to take frogs.
The commissioner may issue permits to take frogs with the use of artificial lights in waters designated in the permit.
(a) A person may possess frogs, up to six inches long, without limit if the frogs are possessed, bought, sold, and transported for bait.
(b) Unless the commissioner prescribes otherwise, a person may possess frogs over six inches long and:
(1) transport the frogs, except by common carrier; and
(2) sell the frogs in any quantity during the open season.
(c) The length of a frog is measured from the tip of the nose to the tip of the hind toes, with the legs fully extended.
The commissioner shall prescribe rules for taking, buying, selling, possessing, importing, and transporting frogs for purposes other than bait.
The commissioner may issue permits for importing, raising, and selling frogs for human consumption.
97B.603 TAKING SMALL GAME BY PARTY.
(a) While two or more persons are taking small game as a party and maintaining unaided visual and vocal contact, a member of the party may take and possess more than one limit of small game, but the total number of small game taken and possessed by the party may not exceed the limit of the number of persons in the party that may take and possess small game.
(b) This section does not apply to hunting wolves, migratory game birds, or turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter and a licensed wolf hunter may assist another licensed wolf hunter for the same zone and time period as long as the hunter does not shoot or register a turkey or wolf for the other hunter.
97B.605 COMMISSIONER MAY RESTRICT TAKING SMALL GAME ANIMALS.
The commissioner may by rule set open seasons for, prescribe limits and restrictions on, and designate areas where small game as defined in section 97A.015 may be taken and possessed.
97C.605 TURTLES.
(a) A person may not take, possess, or transport turtles without a resident angling license and a recreational turtle license.
(b) Turtles taken from the wild are for personal use only and may not be resold.
MS 2022 [Repealed, 2023 c 60 art 4 s 112]
MS 2022 [Repealed, 2023 c 60 art 4 s 112]
MS 2022 [Repealed, 2023 c 60 art 4 s 112]
(a) A person does not need the licenses specified under subdivision 1:
(1) when buying turtles from a licensed aquatic farm or licensed private fish hatchery for resale at a retail outlet or restaurant;
(2) when buying a turtle at a retail outlet;
(3) to take, possess, and rent up to 25 turtles greater than four inches in length for the purpose of providing the turtles to participants at a nonprofit turtle race, if the person is a resident under age 18. The person is responsible for the well-being of the turtles; or
(4) if under 16 years of age when possessing turtles. Notwithstanding any other law to the contrary, a person under the age of 16 may possess, without a license, up to three snapping or western painted turtles, provided the turtles are possessed for personal use and are within the applicable length and width requirements.
(b) A person with an aquatic farm license with a turtle endorsement or a private fish hatchery license with a turtle endorsement may sell, obtain, possess, transport, and propagate turtles and turtle eggs without the licenses specified under subdivision 1.
(c) Turtles possessed under this subdivision may not be released back into the wild.
A person may not take turtles by using:
(1) explosives, drugs, poisons, lime, and other harmful substances;
(2) traps;
(3) nets other than anglers' fish landing nets;
(4) commercial equipment;
(5) firearms and ammunition;
(6) bow and arrow or crossbow; or
(7) spears, harpoons, or any other implements that impale turtles.
[Repealed, 2002 c 351 s 34]
MS 2022 [Repealed, 2023 c 60 art 4 s 112]
The commissioner may adopt rules for taking turtles. The commissioner may prescribe seasons, limits, closed areas, and other restrictions and requirements the commissioner deems necessary for the conservation of turtles.
97B.621 RACCOONS.
[Repealed, 2014 c 290 s 70]
Notwithstanding section 97B.005, subdivision 1, a person may use dogs to pursue and tree raccoons without killing or capturing the raccoons during the closed season and a license is not required.
To take raccoons between one-half hour after sunset and one-half hour before sunrise, a person:
(1) must be on foot;
(2) may use an artificial light only if hunting with dogs;
(3) may use a handgun or rifle capable of firing only rimfire cartridges of .17 or .22 caliber, including .22 magnum; and
(4) may not use shotgun shells with larger diameter of shot than No. 4 shot.
[Repealed, 2014 c 290 s 70]
97A.411 VALIDITY OF LICENSES.
(a) Except as provided in paragraphs (b), (d), (e), and (f), a license is valid during the lawful time within the license year that the licensed activity may be performed. Except as provided in paragraphs (c) and (f), a license year begins on the first day of March and ends on the last day of February.
(b) A short-term license issued under section 97A.475 that is limited by the number of days or hours under section 97A.475, is valid for the full license period even if this period extends into the next license year, provided that the license period selected by the licensee begins at the time of issuance.
(c) The license year for resident fish house, resident dark house, and nonresident fish house begins on March 1 and ends on April 30 of the following year.
(d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the lawful time within the license year that the licensed activity may be performed for the lifetime of the licensee.
(e) A three-year fish house or dark house license is valid during the license year that it is purchased and the two succeeding license years.
(f) A three-year individual angling license is valid during the license year in which it is purchased and the two succeeding license years.
[Repealed, 2008 c 368 art 2 s 82]
(a) Except as provided in paragraphs (b) and (c), a license to take deer by archery, firearms, or muzzleloader issued after the opening of the related archery, firearms, or muzzleloader deer season, respectively, is not valid unless it was issued prior to legal shooting hours on the day of its first use.
(b) The commissioner may issue a license to take additional deer under section 97B.301, subdivision 4, that is not valid unless it was issued prior to legal shooting hours on the day the license is first used.
(c) Paragraph (a) does not apply to deer licenses for discharged military personnel under section 97A.465, subdivision 4.
A license to take wild animals that was lawfully obtained continues to be valid for the balance of the license period if the licensee's age, residency, or student qualification status changes.
97C.611 TURTLE SPECIES; LIMITS.
A person may not possess more than three snapping turtles of the species Chelydra serpentina. Until new rules are adopted under section 97C.605, a person may not take snapping turtles of a size less than ten inches wide including curvature, measured from side to side across the shell at midpoint. After new rules are adopted under section 97C.605, a person may only take snapping turtles of a size specified in the adopted rules.
(a) A person may not possess more than three Western painted turtles of the species Chrysemys picta. Western painted turtles must be between 4 and 5-1/2 inches in shell length.
(b) This subdivision does not apply to persons acting under section 97C.605, subdivision 2c, paragraph (a).
MS 2022 [Repealed by amendment, 2023 c 60 art 4 s 75]
A person may not possess any other species of turtle except with an aquatic farm or private fish hatchery license with a turtle endorsement or as specified under section 97C.605, subdivision 2c.
97C.621 AREAS MAY BE CLOSED TO TAKING TURTLES.
The commissioner may prohibit the taking of turtles from state waters where operations are being conducted to aid fish propagation.
97A.415 LICENSE RESTRICTIONS.
Only one trapping and big-game license of each kind may be issued to a person in a license year unless authorized by commissioner's rule.
A person may not lend, transfer, borrow, or solicit a license or permit, license identification number, application for a license or permit, coupon, tag, or seal, or use a license, permit, license identification number, coupon, tag, or seal not issued to the person unless otherwise expressly authorized. A person may transfer a license, as prescribed by the commissioner, for use by a person with a severe disability or critical illness who is participating in a hunting or fishing program sponsored by a nonprofit organization.
Nonresidents may not obtain a license for an activity unless the activity is expressly authorized for nonresidents.
97A.408 ANATOMICAL GIFT OPTION; EDUCATION.
(a) Applications through the Department of Natural Resources' online sales system for a resident license to hunt or fish that is required under this chapter or chapter 97B must allow the applicant to indicate a desire to make an anatomical gift according to paragraph (b).
(b) The online sales system application must contain statements sufficient to comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A, so that execution of the application makes the anatomical gift effective for those indicating a desire to make an anatomical gift. The department website must provide a link to a federally designated organ procurement organization website that contains information describing Minnesota laws regarding anatomical gifts, the need for and benefits of anatomical gifts, and the legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts.
(c) The commissioner must provide education by distributing information about organ and tissue donation and how to register as a donor. The commissioner must distribute the information through Department of Natural Resources print and digital communications targeting those who hunt and fish. The commissioner must prepare the information in conjunction with a Minnesota organ procurement organization.
(d) The commissioner is not required to keep the physical record of the donor's application after issuing the license in order for the anatomical gift to be valid. When an individual indicates consent on an online sales system transaction to share private data for the record of registered donors, the commissioner must provide the private name and address of the individual to the organ procurement organization designated by the federal government. The names and addresses are classified as private data under section 84.0874 and remain private once provided to the organ procurement organization.
(e) Chapter 525A applies to anatomical gifts made on an application for a license under this section.
(f) The department must be reimbursed under section 171.075, subdivision 1, for the reasonable costs of administering an anatomical gift program.
97C.701 TAKING MUSSELS.
The commissioner may by rule set size limits and prescribe conditions for the taking, possession, transportation, sale, and purchase of mussels.
[Repealed, 2017 c 93 art 2 s 166]
[Repealed, 1993 c 269 s 32]
[Repealed, 1993 c 269 s 32]
[Repealed, 1993 c 269 s 32]
[Repealed, 1993 c 269 s 32]
[Repealed, 2017 c 93 art 2 s 166]
Live mussels may not be harvested. A person possessing a valid resident or nonresident angling license or a person not required to have an angling license to take fish may take and possess at any time, for personal use only, not more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may be harvested in waters of the state where fish may be taken by angling. Mussel shells must be harvested by handpicking only and may not be purchased or sold.
97A.418 PERMIT RULES.
Wherever the game and fish laws specifically provide for the issuance of a permit by the commissioner, the commissioner may do the following in accordance with criteria and procedures established in rules adopted by the commissioner:
(1) issue a permit with reasonable conditions; and
(2) deny, modify, suspend, or revoke a permit for cause, including violation of the game and fish laws or rules adopted thereunder.
97B.641 COUGAR, LYNX, AND WOLVERINE.
There is no open season for cougar, lynx, or wolverine.
97A.425 RECORD AND REPORTING REQUIREMENTS FOR DEALERS, TANNERS, AND TAXIDERMISTS.
(a) A person must have the required license under the game and fish laws to buy or sell wild animals, to tan animal hides or dress raw furs, or to mount specimens of wild animals and must keep complete records of all transactions and activities covered by the license and submit reports to the commissioner.
(b) A person is not required to be licensed to tan animal hides or dress raw furs or to mount specimens of wild animals if the person is not compensated for the service.
(a) The records must show:
(1) the names and addresses of persons from whom wild animals were obtained and to whom they were transferred;
(2) the dates of receipt, shipment, and sale of wild animals;
(3) detailed descriptions of the number and type of wild animals purchased, sold, and shipped;
(4) serial numbers of seals, tags, or permits required to be attached to the wild animals; and
(5) trapping license numbers for protected fur-bearing animals, unless the trapper is exempt from the license requirement, which must be noted.
(b) A licensed fur dealer, buying for one employer at the employer's place of business, is not required to keep separate records if the employer notifies the commissioner in writing that the employer will account for the fur dealer.
(c) The records required under this section must be available for inspection by the commissioner, the director, or their agents at all reasonable times. The records must be preserved and available for two years after the expiration of a license that required them.
(d) Records required of persons licensed to buy or sell wild animals, or to tan or dress raw furs, must be kept in a book supplied by the commissioner.
Except for persons licensed to mount specimens of wild animals, an annual report covering the preceding license year must be submitted to the commissioner by March 15. The commissioner may require other reports for statistical purposes. The reports must be on forms supplied or approved by the commissioner.
(a) Licensed taxidermists must dispose of all cervid carcasses or cervid parts not returned to the patron, all biosolids resulting from cleaning cervid skulls, and all carrion beetles and beetle waste used to clean cervid skulls. All disposals must be to a disposal facility or transfer station that is permitted to accept it, and proof of the disposal must be retained for inspection.
(b) The following cervid parts are exempt from the disposal requirement:
(1) cervid hides from which all excess tissue has been removed;
(2) if free of brain and muscle tissues, whole or portions of skulls, antlers, or teeth; and
(3) finished taxidermy mounts.
The commissioner may adopt rules, not inconsistent with subdivisions 1 to 3a, governing record keeping, reporting, and marking of specimens by taxidermists.
97C.805 NETTING LAKE WHITEFISH AND CISCOES.
(a) The commissioner shall, by rule, prescribe the open season and open state waters for netting lake whitefish and ciscoes. The commissioner may open specific lakes and waters that are otherwise closed if the commissioner posts notice of the date and time in appropriate public places at least 48 hours before the open season begins.
(b) The commissioner may close specific lakes and waters that are otherwise open under this subdivision if the commissioner posts notice of the closing at a minimum of three sites on the shore of the waters, including all public water-access sites. Before closing waters under this paragraph, the commissioner shall determine that the closure is necessary to protect game fish or native rough fish populations.
(a) Netting lake whitefish and ciscoes is subject to the restrictions in this subdivision.
(b) A person may not use:
(1) more than one net;
(2) a net more than 100 feet long; or
(3) a net more than three feet wide.
(c) The mesh size of the net may not be less than:
(1) 1-3/4 inches, stretch measure, for nets used to take ciscoes; and
(2) 3-1/2 inches, stretch measure, for all other nets.
(d) A net may not be set in water, including ice thickness, deeper than six feet.
(e) The commissioner may designate waters where nets may be set so that portions of the net extend into water deeper than six feet under conditions prescribed by the commissioner to protect game fish. A pole or stake must project at least two feet above the surface of the water or ice at one end of the net.
(f) A net may not be set within 50 feet of another net.
(g) A person may not have angling equipment in possession while netting lake whitefish or ciscoes.
Notwithstanding section 97C.391, subdivision 1, lake whitefish and ciscoes taken under this section may not be bought or sold.
Lake whitefish and ciscoes taken under this section may be taken and possessed without limit. Native rough fish caught while netting may be retained. All other fish taken while netting must be returned to the water immediately.
97A.431 MOOSE LICENSES.
The commissioner shall include in a rule setting the dates for a moose season:
(1) the number of licenses to be issued; and
(2) the size of a moose hunting party, not to exceed six persons.
Persons eligible for a moose license shall be determined under this section and commissioner's rule. A person is eligible for a moose license only if the person:
(1) is a resident; and
(2) has not been issued a moose license after January 1, 1991.
An application for a moose license must be on a form provided by the commissioner and accompanied by a $4 nonrefundable application fee per person. 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.
(a) The commissioner may conduct a separate selection for up to 20 percent of the moose licenses to be issued for an area. Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in the area, and their family members, are eligible for the separate selection under this paragraph.
(b) The commissioner must conduct a separate selection for 20 percent of the moose licenses to be issued each year. Only individuals who have applied at least ten times for a moose license and who have never received a license are eligible for this separate selection.
(c) The commissioner may by rule establish criteria for:
(1) determining eligible family members under paragraph (a); and
(2) verifying that an individual has made at least ten unsuccessful applications for the purposes of paragraph (b).
(d) A person who is unsuccessful in a separate selection under this subdivision must be included in the selection for the remaining licenses.
97B.646 WOLF MANAGEMENT.
(a) The commissioner, in consultation with the commissioner of agriculture, shall adopt a wolf management plan that includes goals to ensure the long-term survival of the wolf in Minnesota, to reduce conflicts between wolves and humans, to minimize depredation of livestock and domestic pets, and to manage the ecological impact of wolves on prey species and other predators.
(b) The commissioner shall compile a list that is updated quarterly on known wolf deaths, based on reporting by conservation officers. The list must specify the date and location of each wolf death and must be available on the department website.
97A.433 ELK LICENSES.
The commissioner shall include in a rule setting the dates for an elk season:
(1) the number of licenses to be issued; and
(2) the size of an elk-hunting party, not to exceed two persons.
Persons eligible for an elk license shall be determined under this section and commissioner's rule. A person is eligible for an elk license only if the person:
(1) is a resident; and
(2) has never been issued an elk license.
An application for an elk license must be on a form provided by the commissioner and accompanied by a $4 nonrefundable application fee per person. 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.
(a) The commissioner may conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area. Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in the area, and their family members, are eligible for the separate selection. Persons that are unsuccessful in a separate selection must be included in the selection for the remaining licenses. Persons who obtain an elk license in a separate selection may sell their license to any Minnesota resident eligible to hunt big game for no more than the original cost of the license.
(b) The commissioner may by rule establish criteria for determining eligible family members under this subdivision.
The commissioner must conduct a separate selection for 20 percent of the elk licenses to be issued each year. Only individuals who have applied at least ten times for an elk license and who have never received a license are eligible for this separate selection. A person who is unsuccessful in a separate selection under this subdivision must be included in the selection for the remaining licenses.
97B.647 TAKING WOLVES.
Except as provided under section 97B.645 or 97B.671, a person may not take a wolf without a wolf-hunting or wolf-trapping license.
Wolves may be taken with legal firearms, with bow and arrow, and by trapping. The open season to take wolves with firearms begins each year on the same day as the opening of the firearms deer-hunting season. The commissioner may by rule prescribe the open seasons for wolves according to this subdivision.
The commissioner may by rule designate areas where wolves may be taken.
The commissioner may establish by rule the daily and possession limits for wolves.
The commissioner may by rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary to prevent an overharvest or improve the distribution of hunters and trappers. The commissioner shall establish a method, including a drawing, to impartially select the hunters and trappers for an area.
An application for a wolf-hunting or wolf-trapping license must be made in a manner provided by the commissioner and accompanied by a $4 application fee and proof that the applicant holds a current or previous year hunting license. The $4 application fee shall be credited to the wolf management and monitoring account and appropriated to the commissioner to pay for costs associated with conducting the wolf license drawing and wolf management. A person may not make more than one application for each season as prescribed by the commissioner. 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.
The commissioner may by rule set an annual quota for the number of wolves that can be taken by hunting and trapping. The commissioner may establish a method to monitor harvest and close the season when the quota is reached. The commissioner shall reserve a portion of the annual quota for the trapping season.
97C.801 TAKING NATIVE ROUGH FISH ON MISSISSIPPI RIVER.
[Repealed, 1997 c 216 s 90; 1997 c 226 s 51]
(a) A license is required to commercially take native rough fish with seines in the Mississippi River from the St. Croix River junction to St. Anthony Falls.
(b) A person may take native rough fish in the Mississippi River, from the St. Croix River junction to St. Anthony Falls, only with the following equipment and methods:
(1) operations shall be conducted only in the flowing waters of the river and in tributary backwaters prescribed by the commissioner;
(2) seines may be used only as prescribed by this section and rules adopted by the commissioner;
(3) seines must be hauled to a landing immediately after being placed;
(4) two seines may not be joined together in the water; and
(5) a seine may not be landed between sunset and sunrise.
97A.434 PRAIRIE-CHICKEN LICENSES.
If the commissioner establishes an open season for prairie chickens, the commissioner shall also determine, by rule, the number of licenses to be issued.
Eligibility for a prairie-chicken license shall be determined by this section and by rule adopted by the commissioner. A person is eligible for a prairie-chicken license only if the person is a resident.
An application for a prairie-chicken license must be made in a manner provided by the commissioner and accompanied by a $4 application fee. The $4 application fee is appropriated as prescribed in section 84.027, subdivision 15, paragraph (c), to pay for costs associated with conducting the prairie-chicken-license drawing. 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.
(a) The commissioner may conduct a separate selection for up to 20 percent of the prairie-chicken licenses to be issued for any area. Only persons who are owners or tenants of at least 40 acres of prairie or grassland in the area, and their family members, are eligible applicants for prairie-chicken licenses for the separate selection. The qualifying prairie or grassland may be noncontiguous. Persons who are unsuccessful in a separate selection must be included in the selection for the remaining licenses. Persons who obtain a license in a separate selection must allow public prairie-chicken hunting on their land during that prairie-chicken season.
(b) The commissioner may by rule establish criteria for determining eligible family members under this subdivision.
97B.648 WOLVES; UNLAWFUL TAKING; PENALTY.
A person who unlawfully takes, transports, or possesses a wolf in violation of the game and fish laws, and has one or more prior convictions involving the taking of wolves, is liable for a civil penalty equal to the restitution value for the wolf.
97C.821 POSSESSING, SELLING, AND TRANSPORTING COMMERCIAL FISH.
Subject to the applicable provisions of the game and fish laws, fish taken under commercial fishing licenses may be possessed in any quantity, bought, sold, and transported at any time. Commercial fishing licensees may transport their catch live to holding facilities, if the licensee has exclusive control of the facilities. Licensees must annually provide the legal description and verification of exclusive control on forms provided by the commissioner with the license application. Commercial fishing licensees may harvest fish from their holding facilities at any time with their licensed gear. The commissioner may prohibit the transport of live fish taken under a commercial fishing license from waters that contain nonnative species, are listed as infested waters, or are infected with any certifiable disease.
(a) A commercial fishing licensee, and each apprentice working under the licensee's commercial fishing license, must annually complete invasive species training provided by the commissioner and pass an examination to qualify to take, sell, or transport commercial fish within the state.
(b) A commercial fishing licensee, and each apprentice working under the licensee's commercial fishing license, must have a valid invasive species training certification in possession while taking, selling, or transporting commercial fish within the state.
97B.651 UNPROTECTED MAMMALS AND BIRDS.
Mammals that are unprotected wild animals and unprotected birds may be taken at any time and in any manner, except with artificial lights, or by using a motor vehicle in violation of section 97B.091. Poison may not be used to take unprotected mammals or unprotected birds unless the safety of humans and domestic livestock is ensured. Unprotected mammals and unprotected birds may be possessed, bought, sold, or transported in any quantity, except importation or exportation is restricted as provided in subdivision 2.
A person may not export a live coyote out of the state or import a live coyote into the state unless authorized under a permit from the commissioner.