USA Minnesota

USA Statutes : minnesota
Title : GAME AND FISH
Chapter : Game and fish
97.01 Repealed, 1945 c 248 s 7
97.02 Repealed, 1945 c 248 s 7
97.03 Repealed, 1945 c 248 s 7
97.04 Repealed, 1945 c 248 s 7
97.05 Repealed, 1945 c 248 s 7
97.06 Repealed, 1945 c 248 s 7
97.07 Repealed, 1945 c 248 s 7
97.08 Repealed, 1945 c 248 s 7
97.09 Repealed, 1945 c 248 s 7
97.10 Repealed, 1945 c 248 s 7
97.11 Repealed, 1945 c 248 s 7
97.12 Repealed, 1945 c 248 s 7
97.13 Repealed, 1945 c 248 s 7
97.14 Repealed, 1945 c 248 s 7
97.15 Repealed, 1945 c 248 s 7
97.16 Repealed, 1945 c 248 s 7
97.17 Repealed, 1945 c 248 s 7
97.18 Repealed, 1945 c 248 s 7
97.19 Repealed, 1945 c 248 s 7
97.20 Repealed, 1945 c 248 s 7
97.21 Repealed, 1945 c 248 s 7
97.22 Repealed, 1945 c 248 s 7
97.23 Repealed, 1945 c 248 s 7
97.24 Repealed, 1945 c 248 s 7
97.25 Repealed, 1945 c 248 s 7
97.26 Repealed, 1945 c 248 s 7
97.27 Repealed, 1945 c 248 s 7
97.28 Repealed, 1945 c 248 s 7
97.29 Repealed, 1945 c 248 s 7
97.30 Repealed, 1945 c 248 s 7
97.31 Repealed, 1945 c 248 s 7
97.32 Repealed, 1945 c 248 s 7
97.33 Repealed, 1945 c 248 s 7
97.34 Repealed, 1945 c 248 s 7
97.35 Repealed, 1945 c 248 s 7
97.36 Repealed, 1945 c 248 s 7
97.37 Repealed, 1945 c 248 s 7
97.38 Repealed, 1945 c 248 s 7
97.39 Repealed, 1945 c 248 s 7
97.40 Repealed, 1986 c 386 art 4 s 33
97.41 Repealed, 1986 c 386 art 4 s 33
97.42 Repealed, 1986 c 386 art 4 s 33
97.43 Repealed, 1986 c 386 art 4 s 33
97.431 Repealed, 1986 c 386 art 4 s 33
97.432 Repealed, 1986 c 386 art 4 s 33
97.433 Repealed, 1986 c 386 art 4 s 33
97.44 Repealed, 1986 c 386 art 4 s 33
97.45
Subdivision 1. Repealed, 1986 c 386 art 4 s 33 Subd. 2. Repealed,
1986 c 386 art 4 s 33 Subd. 3. Repealed, 1986 c 386 art 4 s 33Subd. 4. Repealed, 1986 c 386 art 4 s 33 Subd. 4a. Repealed,
1986 c 386 art 4 s 33 Subd. 5. Repealed, 1984 c 621 s 15; 1986 c
386 art 4 s 33 Subd. 6. Repealed, 1986 c 386 art 4 s 33 Subd.
7. Repealed, 1986 c 386 art 4 s 33 Subd. 8. Repealed, 1986 c 386
art 4 s 33 Subd. 9. Repealed, 1986 c 386 art 4 s 33 Subd. 10.
Repealed, 1986 c 386 art 4 s 33 Subd. 11. Repealed, 1986 c 386
art 4 s 33 Subd. 12. Repealed, 1986 c 386 art 4 s 33 Subd.
13. Repealed, 1986 c 386 art 4 s 33 Subd. 14. Repealed, 1986 c
386 art 4 s 33 Subd. 15. Repealed, 1986 c 386 art 4 s 33
97.46 Repealed, 1986 c 386 art 4 s 33
97.47 Repealed, 1986 c 386 art 4 s 33
97.48 Repealed, 1986 c 386 art 4 s 33; 1986 c 450 s 1,3
97.481 Repealed, 1986 c 386 art 4 s 33
97.482 Repealed, 1986 c 386 art 4 s 33
97.483 Repealed, 1986 c 386 art 4 s 33
97.484 Repealed, 1986 c 386 art 4 s 33
97.4841 Repealed, 1986 c 386 art 4 s 33
97.4842 Repealed, 1986 c 386 art 4 s 33
97.4843 Repealed, 1986 c 386 art 4 s 33
97.485 Repealed, 1986 c 386 art 4 s 33; 1986 c 424 s 1,2
97.486 Repealed, 1973 c 720 s 61 subd 2
97.4861 Repealed, 1979 c 242 s 3
97.487 Repealed, 1986 c 386 art 4 s 33
97.488 Repealed, 1986 c 386 art 4 s 33
97.49
Subdivision 1. Repealed, 1986 c 386 art 4 s 33 Subd. 1a.
Repealed, 1986 c 386 art 4 s 33 Subd. 1b. Repealed, 1986 c 386
art 4 s 33 Subd. 2. Repealed, 1967 c 64 s 2; 1986 c 386 art 4 s
33 Subd. 3. Repealed, 1986 c 386 art 4 s 33 Subd. 4.
Repealed, 1986 c 386 art 4 s 33 Subd. 5. Repealed, 1986 c 386 art
4 s 33 Subd. 6. Repealed, 1986 c 386 art 4 s 33 Subd. 7.
Repealed, 1986 c 386 art 4 s 33 Subd. 8. Renumbered 97A.065,
subd 4
97.50 Repealed, 1986 c 386 art 4 s 33
97.501 Repealed, 1986 c 386 art 4 s 33
97.51 Repealed, 1986 c 386 art 4 s 33
97.52 Repealed, 1986 c 386 art 4 s 33
97.53 Repealed, 1986 c 386 art 4 s 33
97.54 Repealed, 1986 c 386 art 4 s 33
97.55
Subdivision 1. Repealed, 1986 c 386 art 4 s 33 Subd. 2.
Repealed, 1986 c 386 art 4 s 33 Subd. 3. Repealed, 1986 c 386
art 4 s 33 Subd. 4. Repealed, 1985 c 217 s 6 Subd. 5.
Repealed, 1986 c 386 art 4 s 33 Subd. 6. Repealed, 1986 c 386
art 4 s 33 Subd. 7. Repealed, 1986 c 386 art 4 s 33 Subd. 8.
Repealed, 1986 c 386 art 4 s 33 Subd. 9. Repealed, 1986 c 386
art 4 s 33 Subd. 10. Repealed, 1986 c 386 art 4 s 33 Subd.
11. Repealed, 1986 c 386 art 4 s 33 Subd. 12. MS 1961
Renumbered 97.55,
subd 13 Subd. 12. MS 1984 Repealed, 1986 c 386 art 4 s 33
Subd. 13. Repealed, 1986 c 386 art 4 s 33 Subd. 14. Repealed,
1986 c 386 art 4 s 33 Subd. 15. Repealed, 1986 c 386 art 4 s 33Subd. 16. Repealed, 1986 c 386 art 4 s 33 Subd. 17.
Repealed, 1986 c 386 art 4 s 33
97.56 Repealed, 1986 c 386 art 4 s 33
97.57 Repealed, 1986 c 386 art 4 s 33
97.61 Repealed, 1961 c 736 s 13
97.611 Repealed, 1986 c 386 art 4 s 33
97.62 Repealed, 1961 c 736 s 13
97.63 Repealed, 1961 c 736 s 13
97.64 Repealed, 1961 c 736 s 13
97.65 Repealed, 1961 c 736 s 13
97.66 Repealed, 1961 c 736 s 13
97.67 Repealed, 1961 c 736 s 13
97.68 Repealed, 1961 c 736 s 13
97.69 Repealed, 1961 c 736 s 13
97.70 Repealed, 1961 c 736 s 13
97.71 Repealed, 1961 c 736 s 13
97.72 Repealed, 1961 c 736 s 13
97.73 Repealed, 1961 c 736 s 13
97.81 Repealed, 1986 c 386 art 4 s 33
97.82 Repealed, 1986 c 386 art 4 s 33
97.83 Repealed, 1986 c 386 art 4 s 33
97.84 Repealed, 1959 c 442 s 7
97.85 Repealed, 1986 c 386 art 4 s 33
97.851 Repealed, 1986 c 386 art 4 s 33
97.86 Repealed, 1986 c 386 art 4 s 33
97A.011 Citation. This chapter and chapters 97B and 97C may be cited as the
"game and fish laws."
97A.015 Definitions. Subdivision 1. Applicability. The terms defined in
this section apply to this chapter and chapters 97B and 97C.
Subd. 2. Angling. "Angling" means taking fish with a hook
and line. An "angler" is a person who takes fish by angling.
Subd. 3. Big game. "Big game" means deer, moose, elk, bear,
antelope, and caribou. Subd. 4. Buy. "Buy" includes
barter, exchange for consideration, offer to buy, or attempt to buy.Subd. 5. Camp. "Camp" means the temporary abode of a
person fishing, hunting, trapping, vacationing, or touring, while on
a trip or tour including resorts, tourist camps, and other
establishments providing temporary lodging. Subd. 6.
Chub. "Chub" means shortnose cisco, shortjaw cisco, longjaw
cisco, bloater, kiyi, blackfin cisco, and deepwater cisco. Subd.
7. Cisco. "Cisco" means Coregonus artedii and includes lake
herring and tullibee. Subd. 8. Closed season. "Closed
season" means the period when a specified protected wild animal may
not be taken. Subd. 9. Commercial fishing. "Commercial
fishing" means taking fish, except minnows, for sale. Subd. 10.Commissioner. "Commissioner" means the commissioner of
natural resources. Subd. 11. Condemnation.
"Condemnation" means the exercise of the right of eminent domain in
the manner provided under chapter 117. Subd. 12.
Contraband. "Contraband" means: (1) a wild animal taken,
bought, sold, transported, or possessed in violation of the game and
fish laws, and all instrumentalities and devices used in taking wild
animals in violation of the game and fish laws that are subject to
confiscation; and (2) wild rice and other aquatic vegetation
harvested, bought, sold, transported, or possessed in violation of
chapter 84. Subd. 13. Conviction. "Conviction" means:
(1) a final conviction after a trial or a plea of guilty; (2) a
forfeiture of cash or collateral deposited to guarantee an appearance
of a defendant in court, if the forfeiture has not been vacated or
the court has not reinstated the trial within 15 days after the
forfeiture; or (3) a breach of a condition of release without bail.Subd. 14. Dark house. "Dark house" means a structure set
on the ice of state waters that is darkened to view fish in the water
beneath the structure. Subd. 15. Designated trout lake;
designated trout stream. "Designated trout lake" or "designated
trout stream" means a lake or stream designated by the commissioner
as a trout lake or a trout stream under section 97C.005.Subd. 16. Director. "Director" means the director of any
or all of the Divisions of Enforcement, Fisheries, Wildlife, and
Ecological Services unless a specific division is identified.
Subd. 17. Division. "Division" means any or all of the
Divisions of Enforcement, Fisheries, Wildlife, and Ecological
Services unless a specific division is identified. Subd. 18.Enforcement officer. "Enforcement officer" means the
commissioner, the director of the Enforcement Division, a
conservation officer, or a game refuge manager. Subd. 19.
Firearm. "Firearm" means a gun that discharges shot or a
projectile by means of an explosive, a gas, or compressed air.
Subd. 20. Firearms safety certificate. "Firearms safety
certificate" means the certificate issued under section 97B.015
or an equivalent certificate issued by another state or other
evidence that meets with the requirements of section 97B.020.Subd. 21. Fish house. "Fish house" means a structure set
on the ice of state waters to provide shelter while taking fish by
angling. Subd. 22. Fur-bearing animals. "Fur-bearing
animals" means mammals that are protected wild animals, except big
game. Subd. 23. Game. "Game" means big game and small
game. Subd. 24. Game birds. "Game birds" means
migratory waterfowl, pheasant, ruffed grouse, sharp-tailed grouse,
Canada spruce grouse, prairie chickens, gray partridge, bob-white
quail, turkeys, coots, gallinules, sora and Virginia rails, mourning
dove, American woodcock, and common snipe. Subd. 25. Game
fish. "Game fish" means walleye, sauger, yellow perch, channel
catfish, flathead catfish; members of the pike family, Esocidae,
including muskellunge and northern pike; members of the sunfish
family, Centrarchidae, including largemouth bass, smallmouth bass,
sunfish, rock bass, white crappie, black crappie, members of the
temperate bass family, Percichthyidae, including white bass and
yellow bass; members of the salmon and trout subfamily, Salmoninae,
including Atlantic salmon, chinook salmon, coho salmon, pink salmon,
kokanee salmon, lake trout, brook trout, brown trout, rainbow
(steelhead) trout, and splake; members of the paddlefish family,
Polyodontidae; members of the sturgeon family, Acipenseridae,
including lake sturgeon, and shovelnose sturgeon. "Game fish"
includes hybrids of game fish. Subd. 25a. Guardian.
"Guardian" means a legal guardian of a person under age 16, or a
person 18 or older who has been authorized by the parent or legal
guardian to supervise the person under age 16. Subd. 26.
Hunting. "Hunting" means taking birds or mammals. Subd. 26a.In-the-round. "In-the-round" means fish with heads, tails,
fins, skins, and scales intact. Subd. 27. License.
"License" means a license or stamp issued under the game and fish
laws. Subd. 27a. License identification number.
"License identification number" means a verification number issued
under the authority of the commissioner in conjunction with the
electronic purchase of a license or stamp and valid until the license
is received by the purchaser. Subd. 28. Migratory
waterfowl. "Migratory waterfowl" means brant, ducks, geese,
tundra swans, trumpeter swans, and whooper swans. Subd. 29.
Minnows. "Minnows" means: (1) members of the minnow family,
Cyprinidae, except carp and goldfish; (2) members of the mudminnow
family, Umbridae; (3) members of the sucker family, Catostomidae, not
over 12 inches in length; (4) bullheads, ciscoes, lake whitefish,
goldeyes, and mooneyes, not over seven inches long; (5) leeches; and
(6) tadpole madtoms (willow cats) and stonecats. Subd. 30.
Minnow dealer. "Minnow dealer" means a person taking minnows for
sale, buying minnows for resale, selling minnows at wholesale, or
transporting minnows for sale. Subd. 31. Minnow
retailer. "Minnow retailer" means a person selling minnows at
retail from an established place of business. Subd. 32.
Motor vehicle. "Motor vehicle" means a self-propelled vehicle or
a vehicle propelled or drawn by a self-propelled vehicle that is
operated on a highway, on a railroad track, on the ground, in the
water, or in the air. Subd. 33. Nonresident.
"Nonresident" means a person who is not a resident. Subd. 34.Open season. "Open season" means the period when a specified
protected wild animal may be taken. Subd. 35. Person.
"Person" means an individual only if used in reference to issuing
licenses to take wild animals, but otherwise means an individual,
firm, partnership, joint stock company, association, or public or
private corporation. Subd. 36. Possession. "Possession"
means both actual and constructive possession and control of the
things referred to. Subd. 37. Predator. "Predator"
means a gray wolf, coyote, fox, lynx, or bobcat. Subd. 37a.
Processing. "Processing" means rendering a species of aquatic
life for food, bait, or other purposes so that it is no longer alive.Subd. 38. Protected birds. "Protected birds" means all
birds except unprotected birds. Subd. 39. Protected wild
animals. "Protected wild animals" are the following wild animals:
big game, small game, game fish, rough fish, minnows, leeches,
alewives, ciscoes, chubs, and lake whitefish, and the subfamily
Coregoninae, rainbow smelt, frogs, turtles, clams, mussels, gray
wolf, mourning doves, and wild animals that are protected by a
restriction in the time or manner of taking, other than a restriction
in the use of artificial lights, poison, or motor vehicles.
Subd. 40. Public access. "Public access" means an access
that is publicly owned and accessible to the public without charge.Subd. 41. Public waters. "Public waters" means waters
defined in section 103G.005,
subdivision 15. Subd. 42. Resident. "Resident" means:
(1) an individual who is a citizen of the United States or a resident
alien, and has maintained a legal residence in the state at least the
immediately preceding 60 days; (2) a nonresident under the age of 21
who is the child of a resident; (3) a domestic corporation; or (4) a
foreign corporation authorized to do business in the state that has
conducted a licensed business at a location within the state for at
least ten years. Subd. 42a. Restitution value of the wild
animals. "Restitution value of the wild animals" means the total
value of the wild animals taken in a violation based on: (1) the
values established under section 97A.345;
or (2) the values determined by the court under section 97A.341,
subdivision 4, if the values are not established under section 97A.345.Subd. 43. Rough fish. "Rough fish" means carp, buffalo,
sucker, sheepshead, bowfin, burbot, cisco, gar, goldeye, and
bullhead. Subd. 44. Sale. "Sale" means an exchange for
consideration, and includes barter, offer to sell, and possession
with intent to sell. Subd. 45. Small game. "Small game"
means game birds, gray squirrel, fox squirrel, cottontail rabbit,
snowshoe hare, jack rabbit, raccoon, lynx, bobcat, red fox and gray
fox, fisher, pine marten, opossum, badger, cougar, wolverine,
muskrat, mink, otter, and beaver. Subd. 46. Sunfish.
"Sunfish" means bluegill, pumpkinseed, green sunfish, orange spotted
sunfish, longear sunfish, and warmouth. "Sunfish" includes hybrids
of sunfish. Subd. 47. Taking. "Taking" means pursuing,
shooting, killing, capturing, trapping, snaring, angling, spearing,
or netting wild animals, or placing, setting, drawing, or using a
net, trap, or other device to take wild animals. Taking includes
attempting to take wild animals, and assisting another person in
taking wild animals. Subd. 48. Transport,
transportation. "Transport, transportation" means causing or
attempting to cause wild animals to be carried or moved by a device
and includes accepting or receiving wild animals for transportation
or shipment. Subd. 49. Undressed bird. "Undressed bird"
means: (1) a bird, excluding migratory waterfowl, pheasant,
Hungarian partridge, turkey, or grouse, with feet and feathered head
intact; (2) a migratory waterfowl, excluding geese, with a fully
feathered wing and head attached; (3) a pheasant, Hungarian
partridge, turkey, or grouse with one leg and foot or the fully
feathered head or wing intact; or (4) a goose with a fully
feathered wing attached. Subd. 50. Undressed fish.
"Undressed fish" means fish with heads, tails, fins and skins intact,
whether entrails, gills, or scales are removed or not. Subd. 51.Unloaded. "Unloaded" means, with reference to a firearm,
without ammunition in the barrels and magazine, if the magazine is in
the firearm. A muzzle loading firearm with a flintlock ignition is
unloaded if it does not have priming powder in a pan. A muzzle
loading firearm with percussion ignition is unloaded if it does not
have a percussion cap on a nipple. Subd. 52. Unprotected
birds. "Unprotected birds" means English sparrow, blackbird,
starling, magpie, cormorant, common pigeon, chukar partridge, quail
other than bob-white quail, and mute swan. Subd. 53.
Unprotected wild animals. "Unprotected wild animals" means wild
animals that are not protected wild animals including weasel, coyote
(brush wolf), gopher, porcupine, striped skunk, and unprotected
birds. Subd. 54. Waters of this state; state waters.
"Waters of this state" and "state waters" include all boundary and
inland waters. Subd. 55. Wild animals. "Wild animals"
means all living creatures, not human, wild by nature, endowed with
sensation and power of voluntary motion, and includes mammals, birds,
fish, amphibians, reptiles, crustaceans, and mollusks.
97A.021 Construction. Subdivision 1. Code of Criminal Procedure. A
provision of the game and fish laws that is inconsistent with the
Code of Criminal Procedure or of penal law is only effective under
the game and fish laws. Subd. 2. Authority of
commissioner. A provision of the game and fish laws is subject
to, and does not change or modify the authority of the commissioner
to delegate powers, duties, and functions under section 84.083.Subd. 3. Parts of wild animals. A provision relating to
a wild animal applies in the same manner to a part of the wild
animal. Subd. 4. Dates and open seasons. The dates
specified in the game and fish laws and time periods prescribed for
certain activities or as open season are inclusive, unless otherwise
specified.
97A.025 Ownership of wild animals. The ownership of wild animals of the state is
in the state, in its sovereign capacity for the benefit of all the
people of the state. A person may not acquire a property right in
wild animals, or destroy them, unless authorized under the game and
fish laws, sections 84.091
to 84.15,
or sections 17.47
to 17.498.

97A.028 Crop protection assistance. Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Agricultural crops" means annually seeded crops, legumes, fruit
orchards, tree farms and nurseries, turf farms, and apiaries.
(c) "Parcel" has the meaning given in section 272.03,
subdivision 6. (d) "Specialty crops" means fruit orchards,
vegetables, tree farms and nurseries, turf farms, and apiaries.
(e) "Stored forage crops" means hay, silage, grain, or other crops
that have been harvested and placed in storage for commercial
livestock feeding. Subd. 2. Technical assistance. The
commissioner shall establish a statewide program to provide technical
assistance to persons for the protection of agricultural crops from
destruction by wild animals. As part of the program, the
commissioner shall develop and identify the latest and most effective
abatement techniques; acquire appropriate demonstration supplies and
materials required to meet specialized needs; train property owners,
field staff, public land managers, extension agents, pest control
operators, and others; provide technical manuals and brochures; and
provide field personnel with supplies and materials for damage
abatement demonstrations and short-term assistance and for the
establishment of food or lure crops where appropriate. Subd. 3.Emergency deterrent materials assistance. (a) For the
purposes of this subdivision, "cooperative damage management
agreement" means an agreement between a landowner or tenant and the
commissioner that establishes a program for addressing the problem of
destruction of the landowner's or tenant's specialty crops or stored
forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese. (b) A landowner or tenant may apply to
the commissioner for emergency deterrent materials assistance in
controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of
agricultural crops by flightless Canada geese. Subject to the
availability of money appropriated for this purpose, the commissioner
shall provide suitable deterrent materials when the commissioner
determines that: (1) immediate action is necessary to prevent
significant damage from continuing; and (2) a cooperative damage
management agreement cannot be implemented immediately. (c) A
person may receive emergency deterrent materials assistance under
this subdivision more than once, but the cumulative total value of
deterrent materials provided to a person, or for use on a parcel, may
not exceed $3,000 for specialty crops, or $750 for stored forage
crops, or $500 for agricultural crops damaged by flightless Canada
geese. If a person is a co-owner or cotenant with respect to the
specialty crops for which the deterrent materials are provided, the
deterrent materials are deemed to be "provided" to the person for the
purposes of this paragraph. (d) As a condition of receiving
emergency deterrent materials assistance under this subdivision, a
landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the
commissioner may include repellents, fencing materials, or other
materials recommended in the agreement to alleviate the damage
problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection
of specialty crops. A landowner or tenant who receives emergency
deterrent materials assistance under this subdivision shall comply
with the terms of the cooperative damage management agreement. 97A.031 Wanton waste. Unless expressly allowed, a person may not wantonly waste or
destroy a usable part of a protected wild animal.
97A.035 Removal of signs prohibited. A person may not remove or deface a
Department of Natural Resources sign, without approval of the
commissioner.
97A.037 Hunter, trapper, and angler harassment prohibited.
Subdivision 1. Interference with taking wild animals
prohibited. A person who has the intent to prevent or disrupt
another person from taking or preparing to take a wild animal or
enjoyment of the out-of-doors must not disturb or interfere with that
person if that person is lawfully taking or preparing to take a wild
animal. "Preparing to take a wild animal" includes travel, camping,
and other acts that occur on land or water where the affected person
has the right or privilege to take lawfully a wild animal. Subd.
2. Disturbing wild animals prohibited. A person who has the
intent to prevent or disrupt a person from lawfully taking the
animals may not disturb or engage in an activity that will tend to
disturb wild animals. Subd. 3. Persons intending to harass
hunters, trappers, and anglers may not remain on land. A person
who has intent to violate subdivision 1 or 2 may not enter or remain
on public lands, or on private lands without permission of the owner.Subd. 4. Peace officer order; penalty. A person must
obey the order of a peace officer to stop the harassing conduct that
violates this section if the officer observes the conduct. For
purposes of this subdivision, "harassing conduct" does not include a
landowner's or lessee's action to enforce the Trespass Law.
Violation of this subdivision is a misdemeanor.
97A.041 Exhibition of wildlife. Subdivision 1. Definition. For the
purposes of this section, "wildlife" means any wild mammal, wild
bird, reptile, or amphibian. Subd. 2. Possession. A
person connected with a commercial enterprise may not possess
wildlife in captivity for public exhibition purposes, except under
permit as provided in this section. Subd. 3. Permit.
The commissioner may issue a permit to possess wildlife for public
exhibition to an applicant qualified by education or experience in
the care and treatment of wildlife. The permit fee is $10. The
commissioner may prescribe terms and conditions of the permit. A
permit issued under this section shall include a condition that
allows an enforcement officer to enter and inspect the facilities
where the wildlife covered by the permit are held in captivity.
Subd. 4. Permit application. An application for a permit
must include: (1) a statement regarding the education or
experience in the care and treatment of wildlife of the applicant and
each individual employed by the applicant for that purpose; (2) a
description of the facilities used to keep the wildlife in captivity;(3) a statement of the number of species or subspecies of
wildlife to be covered by the permit and a statement describing where
and from whom the wildlife was acquired; (4) a signed agreement
that the standards prescribed by the commissioner will be followed;
and (5) other information requested by the commissioner.
Subd. 5. Care and treatment. The commissioner shall adopt,
under chapter 14, reasonable standards for the care and treatment of
captive wildlife for public display purposes, including standards of
sanitation. Subd. 6. Violation of possession standards.
If a violation is found during an inspection, the commissioner shall
give the permittee notice to abate the violation within an adequate
time determined by the commissioner. If the violation has not been
abated when the time expires, the commissioner may request the
attorney general to bring an action to abate the violation.
Subd. 7. Exemption for zoos, circuses, pet shops. This
section does not apply to a publicly owned zoo or wildlife exhibit,
privately owned traveling zoo or circus, or a pet shop.
97A.045 Commissioner, general powers and duties. Subdivision 1. Duties;
generally. The commissioner shall do all things the commissioner
determines are necessary to preserve, protect, and propagate
desirable species of wild animals. The commissioner shall make
special provisions for the management of fish and wildlife to ensure
recreational opportunities for anglers and hunters. The commissioner
shall acquire wild animals for breeding or stocking and may dispose
of or destroy undesirable or predatory wild animals and their dens,
nests, houses, or dams. Subd. 2. Power to protect wild
animals. (a) The commissioner may protect a species of wild
animal in addition to the protection provided by the game and fish
laws, by further limiting or closing seasons or areas of the state,
or by reducing limits in areas of the state, if the commissioner
determines the action is necessary to prevent unnecessary depletion
or extinction, or to promote the propagation and reproduction of the
animal. (b) The commissioner may protect a species of wild
animal in the state by emergency rule adopted under section 84.027,
subdivision 13, by prohibiting or allowing taking of the animal
whether or not the animal is protected under the game and fish laws.
The commissioner must make findings of the necessity of a rule
authorized under this paragraph and may authorize taking by special
permit with or without fee under conditions prescribed in the rule by
the commissioner. (c) The commissioner may protect a species of
wild animal in the state by emergency rule adopted under section 84.027,
subdivision 13, by allowing importation, transportation, or
possession of the wild animal or prohibiting these activities except
by special permit with or without fee under conditions prescribed in
the rule by the commissioner. Subd. 3. Power to modify
dates of seasons. If the statutory opening date of a season for
taking protected wild animals, except a season prescribed under
federal regulations, is not on a Saturday, the commissioner may
designate the nearest Saturday to the statutory date as the opening
day of the season. If the statutory closing date falls on a
Saturday, the commissioner may extend it through the following day.Subd. 4. Boundary waters. The commissioner may regulate
the taking, possession, and transportation of wild animals from state
and international boundary waters. The rules may include: (1)
special seasons for taking fish; and (2) restrictions on the
limits of fish that may be taken, possessed, or transported from
international boundary waters by a person possessing both a Minnesota
angling license and an angling license from an adjacent Canadian
province. Subd. 5. Power to prescribe the form of permits
and licenses. The commissioner may prescribe the form of permits,
licenses, and tags issued under the game and fish laws. Subd. 6.Duty to disseminate information. The commissioner shall
collect, compile, publish, and disseminate statistics, bulletins, and
information related to conservation. Subd. 7. Duty to
encourage stamp design and purchases. (a) The commissioner
shall encourage the purchase of: (1) Minnesota migratory
waterfowl stamps by nonhunters interested in migratory waterfowl
preservation and habitat development; (2) pheasant stamps by
persons interested in pheasant habitat improvement; (3) trout and
salmon stamps by persons interested in trout and salmon stream and
lake improvement; and (4) turkey stamps by persons interested in
wild turkey management and habitat improvement. (b) The
commissioner shall make rules governing contests for selecting a
design for each stamp, including those stamps not required to be in
possession while taking game or fish. Subd. 8. Hunting and
fishing license reciprocity with Wisconsin. The commissioner may
enter into an agreement with game and fish licensing authorities in
the state of Wisconsin under which Wisconsin residents owning real
property in Minnesota are allowed to purchase annual nonresident game
and fish licenses at fees required of Minnesota residents, provided
Minnesota residents owning real property in Wisconsin are allowed to
purchase identical nonresident licenses in Wisconsin upon payment of
the Wisconsin resident license fee. The commissioners of natural
resources in Minnesota and Wisconsin must agree on joint standards
for defining real property ownership. The commissioner shall present
the joint standards to the senate and house committees having
jurisdiction over environment and natural resources matters.
Subd. 9. Notice of rulemaking. In addition to notice
requirements under chapter 14, the commissioner shall attempt to
notify persons or groups of persons affected by rules adopted under
the game and fish laws by public announcements, press releases, and
other appropriate means as determined by the commissioner. Subd.
10. Reciprocal agreements on violations. The commissioner,
with the approval of the attorney general, may enter into reciprocal
agreements with game and fish authorities in other states and the
United States government to provide for: (1) revocation of the
appropriate Minnesota game and fish licenses of Minnesota residents
for violations of game and fish laws committed in signatory
jurisdictions which result in license revocation in that
jurisdiction; (2) reporting convictions and license revocations
of residents of signatory states for violations of game and fish laws
of Minnesota to game and fish authorities in the nonresident's state
of residence; and (3) release upon signature without posting of
bail for residents of signatory states accused of game and fish law
violations in this state, providing for recovery, in the resident
jurisdiction, of fines levied if the citation is not answered in this
state. As used in this subdivision, "conviction" includes a plea
of guilty or a forfeiture of bail. Subd. 11. Power to
prevent or control wildlife disease. (a) If the commissioner
determines that action is necessary to prevent or control a wildlife
disease, the commissioner may prevent or control wildlife disease in
a species of wild animal in addition to the protection provided by
the game and fish laws by further limiting, closing, expanding, or
opening seasons or areas of the state; by reducing or increasing
limits in areas of the state; by establishing disease management
zones; by authorizing free licenses; by allowing shooting from motor
vehicles by persons designated by the commissioner; by issuing
replacement licenses for sick animals; by requiring sample collection
from hunter-harvested animals; by limiting wild animal possession,
transportation, and disposition; and by restricting wildlife feeding.(b) The commissioner may prevent or control wildlife disease in a
species of wild animal in the state by emergency rule adopted under
section 84.027,
subdivision 13.
97A.0451 Authority for use of emergency rules procedure; expiration of authority. Subdivision 1. When to use emergency
rulemaking. When the commissioner is directed by statute, federal
law, or court order to adopt, amend, suspend, or repeal a rule in a
manner that does not allow for compliance with sections 14.14
to 14.28,
or if the commissioner is expressly required or authorized by statute
to adopt emergency rules, the commissioner shall adopt emergency
rules in accordance with sections 97A.0451 to 97A.0459.Subd. 2. 180-day time limit. Unless the commissioner is
directed by federal law or court order to adopt, amend, suspend, or
repeal a rule in a manner that does not allow for compliance with
sections 14.14
to 14.28,
the commissioner may not adopt an emergency rule later than 180 days
after the effective date of the statutory authority, except as
provided in section 84.027,
subdivision 13. If emergency rules are not adopted within the time
allowed, the authority for the rules expires. The time limit of this
section does not include any days used for review by the attorney
general. If the 180-day period expires while the attorney general is
reviewing the rule and the attorney general disapproves the rule, the
commissioner may resubmit the rule to the attorney general after
taking corrective action. The resubmission must occur within five
working days after the commissioner receives written notice of
disapproval. If the rule is again disapproved by the attorney
general, it is withdrawn.
97A.0452 Notice of proposed adoption of emergency rule. The proposed emergency
rule must be published with a notice of intent to adopt emergency
rules in the State Register, and the same notice must be mailed to
all persons registered with the commissioner to receive notice of any
rulemaking proceedings. The notice must include a statement advising
the public that a free copy of the proposed rule is available on
request from the commissioner and that notice of the date of
submission of the proposed emergency rule to the attorney general
will be mailed to any person requesting to receive the notice. For
at least 25 days after publication the commissioner shall afford all
interested persons an opportunity to submit data and views on the
proposed emergency rule in writing. The notice must also include the
date on which the 25-day comment period ends.
97A.0453 Notice to committees for fees fixed by rule. Before the commissioner
submits notice to the State Register of intent to adopt emergency
rules that establish or adjust fees, the commissioner shall send a
copy of the notice and the proposed rules to the chairs of the house
Ways and Means Committee and the senate Committee on Finance. 97A.0454 Modifications of proposed emergency rule. The proposed
emergency rule may be modified if the modifications are supported by
the data and views submitted to the commissioner.
97A.0455 Submission of proposed emergency rule to attorney general.
Subdivision 1. Submission. The commissioner shall submit to
the attorney general the proposed emergency rule as published, with
any modifications. On the same day that it is submitted, the
commissioner shall mail notice of the submission to all persons who
requested to be informed that the proposed emergency rule has been
submitted to the attorney general. If the proposed emergency rule
has been modified, the notice must state that fact, and must state
that a free copy of the proposed emergency rule, as modified, is
available upon request from the commissioner. Subd. 2.
Review. The attorney general shall review the proposed emergency
rule as to its legality, review its form to the extent the form
relates to legality, and shall approve or disapprove the proposed
emergency rule and any modifications on the tenth working day
following the date of receipt of the proposed emergency rule from the
commissioner. The attorney general shall send a statement of reasons
for disapproval of the rule to the commissioner, the chief
administrative law judge, the Legislative Coordinating Commission,
and to the revisor of statutes. The attorney general shall
disregard any error or defect in the proceeding due to the
commissioner's failure to satisfy any procedural requirement imposed
by law or rule if the attorney general finds: (1) that the
failure did not deprive any person or entity of an opportunity to
participate meaningfully in the rulemaking process; or (2) that
the commissioner has taken corrective action to cure the error or
defect so that the failure did not deprive any person or entity of an
opportunity to participate meaningfully in the rulemaking process.Subd. 3. Costs. The attorney general shall assess the
commissioner for the actual cost of processing rules under this
section. The commissioner shall include in the department's budget
money to pay the attorney general's assessment. Receipts from the
assessment must be deposited in the state treasury and credited to
the general fund.
97A.0456 Effective date of emergency rule. The emergency rule takes effect five
working days after approval by the attorney general. The attorney
general shall file two copies of the approved emergency rule with the
secretary of state. The secretary of state shall forward one copy of
each approved and filed emergency rule to the revisor of statutes.
Failure of the attorney general to approve or disapprove a proposed
emergency rule within ten working days is approval.
97A.0457 Publication of approval. As soon as practicable, notice of the attorney
general's decision must be published in the State Register and the
adopted rule must be published in the manner as provided for adopted
rules in section 14.18.

97A.0458 Effective period of emergency rule. Emergency rules adopted under
sections 97A.0451
to 97A.0459
shall be effective for the period stated in the notice of intent to
adopt emergency rules which may not be longer than 180 days. The
emergency rules may be continued in effect for an additional period
of up to 180 days if the commissioner gives notice of continuation by
publishing notice in the State Register and mailing the same notice
to all persons registered with the commissioner to receive notice of
any rulemaking proceedings. The continuation is not effective until
these notices have been mailed. No emergency rule may remain in
effect on a date 361 days after its original effective date. The
emergency rules may not be continued in effect after 360 days without
following the procedure of sections 14.14
to 14.28.

97A.0459 Approval of form of emergency rule. No approved emergency rule shall be
filed with the secretary of state or published in the State Register
unless the revisor of statutes has certified that the emergency
rule's form is approved.
97A.051 Publication of rules and laws. Subdivision 1. Repealed, 2003 c 28 art 1
s 20 Subd. 2. Summary of fish and game laws. (a) The
commissioner shall prepare a summary of the hunting and fishing laws
and rules and deliver a sufficient supply to county auditors to
furnish one copy to each person obtaining a hunting, fishing, or
trapping license. (b) At the beginning of the summary, under the
heading "Trespass," the commissioner shall summarize the trespass
provisions under sections 97B.001
to 97B.945,
state that conservation officers and peace officers must enforce the
trespass laws, and state the penalties for trespassing. (c) In
the summary the commissioner shall, under the heading "Duty to Render
Aid," summarize the requirements under section 609.662
and state the penalties for failure to render aid to a person injured
by gunshot. Subd. 3. Repealed, 1989 c 155 s 5 Subd. 4.
Rules have force and effect of law. When a rule is effective, it
has the force and effect of law. Violation of a rule has the same
penalty as a violation of the law under which the rule was adopted.

97A.055 Game and fish fund. Subdivision 1. Establishment; purposes. The
game and fish fund is established as a fund in the state treasury.Subd. 2. Receipts. The commissioner of finance shall
credit to the game and fish fund all money received under the game
and fish laws including receipts from: (1) licenses issued;
(2) fines and forfeited bail; (3) sales of contraband, wild
animals, and other property under the control of the division;
(4) fees from advanced education courses for hunters and trappers;(5) reimbursements of expenditures by the division; (6)
contributions to the division; and (7) revenue credited to the
game and fish fund under section 297A.94,
paragraph (e), clause (1). Subd. 2a. Federal aid
disposition. (a) Federal aid reimbursements under the Federal Aid
in Wildlife Restoration Act, United States Code, title 16, sections
669 to 669i, shall be deposited in the game and fish fund. (b)
Federal aid reimbursements under the Federal Aid in Fish Restoration
Act, United States Code, title 16, sections 777 to 777k, shall be
deposited in the game and fish fund. Subd. 3. Game and fish
fund fees. To reduce yearly fluctuations of the game and fish
fund balance and to provide improved long-range planning of the fund,
the policy of the state is to make fee adjustments as part of the
budget process. Agency responsibilities are: (a) The
commissioner of natural resources must make specific requests for fee
adjustments for all receipt items in the game and fish fund as a part
of the fee report. (b) The commissioner of finance must review
the fee report and make recommendations for each fee. The
commissioner of finance must submit a six-year projection on revenues
and expenditures to the legislature. Subd. 4. Game and fish
annual reports. (a) By December 15 each year, the commissioner
shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on
each of the following: (1) the amount of revenue from the
following and purposes for which expenditures were made: (i) the
small game license surcharge under section 97A.475,
subdivision 4; (ii) the Minnesota migratory waterfowl stamp under
section 97A.475,
subdivision 5, clause (1); (iii) the trout and salmon stamp under
section 97A.475,
subdivision 10; (iv) the pheasant stamp under section 97A.475,
subdivision 5, clause (2); and (v) the turkey stamp under section
97A.475,
subdivision 5, clause (3); (2) the amounts available under
section 97A.075,
subdivision 1, paragraphs (b) and (c), and the purposes for which
these amounts were spent; (3) money credited to the game and fish
fund under this section and purposes for which expenditures were made
from the fund; (4) outcome goals for the expenditures from the
game and fish fund; and (5) summary and comments of citizen
oversight committee reviews under subdivision 4b. (b) The report
must include the commissioner's recommendations, if any, for changes
in the laws relating to the stamps and surcharge referenced in
paragraph (a). Subd. 4a. Repealed, 2001 c 161 s 58 Subd. 4b.Citizen oversight subcommittees. (a) The commissioner shall
appoint subcommittees of affected persons to review the reports
prepared under subdivision 4; review the proposed work plans and
budgets for the coming year; propose changes in policies, activities,
and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the
commissioner for improvements in the management and use of money in
the game and fish fund. (b) The commissioner shall appoint the
following subcommittees, each comprised of at least three affected
persons: (1) a Fisheries Operations Subcommittee to review
fisheries funding, excluding activities related to trout and salmon
stamp funding; (2) a Wildlife Operations Subcommittee to review
wildlife funding, excluding activities related to migratory
waterfowl, pheasant, and turkey stamp funding and excluding review of
the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c); (3) a Big Game
Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2); (4) an Ecological Services Operations
Subcommittee to review ecological services funding; (5) a
subcommittee to review game and fish fund funding of enforcement,
support services, and Department of Natural Resources administration;(6) a subcommittee to review the trout and salmon stamp report
and address funding issues related to trout and salmon; (7) a
subcommittee to review the report on the migratory waterfowl stamp
and address funding issues related to migratory waterfowl; (8) a
subcommittee to review the report on the pheasant stamp and address
funding issues related to pheasants; and (9) a subcommittee to
review the report on the turkey stamp and address funding issues
related to wild turkeys. (c) The chairs of each of the
subcommittees shall form a Budgetary Oversight Committee to
coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in
policies, activities, and revenue enhancements or reductions; provide
a forum to address issues that transcend the subcommittees; and
submit a report for any subcommittee that fails to submit its report
in a timely manner. (d) The Budgetary Oversight Committee shall
develop recommendations for a biennial budget plan and report for
expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner and to the senate and house
committees with jurisdiction over natural resources finance. (e)
Each subcommittee shall choose its own chair, except that the chair
of the Budgetary Oversight Committee shall be appointed by the
commissioner and may not be the chair of any of the subcommittees.(f) The Budgetary Oversight Committee must make recommendations
to the commissioner and to the senate and house committees with
jurisdiction over natural resources finance for outcome goals from
expenditures. (g) Notwithstanding section 15.059,
subdivision 5, or other law to the contrary, the Budgetary Oversight
Committee and subcommittees do not expire until June 30, 2010.
Subd. 5. Pelting fees. The commissioner may pay a pelting
fee to a person who recovers, treats, preserves, or transports the
pelt of a fur-bearing animal that is accidentally killed or is
lawfully taken under section 97B.655.
The commissioner may adopt rules setting pelting fees and governing
their payment. The amounts necessary to pay the fees are
appropriated from the game and fish fund to the commissioner. 97A.057 Federal law compliance; restriction on license revenue.
Subdivision 1. Compliance with federal law. The commissioner
shall take any action necessary to comply with the Federal Aid in
Wildlife Restoration Act, United States Code, title 16, sections 669
to 669i, and the Federal Aid in Fish Restoration Act, United States
Code, title 16, sections 777 to 777k. Subd. 2. Restriction
on license revenue. Money accruing to the state from fees charged
for hunting and angling licenses shall not be used for any purpose
other than game and fish activities and related activities under the
administration of the commissioner.
97A.061 Payment in lieu of taxes. Subdivision 1. Applicability;
amount. (a) The commissioner shall annually make a payment to
each county having public hunting areas and game refuges. Money to
make the payments is annually appropriated for that purpose from the
general fund. Except as provided in paragraph (b), this section does
not apply to state trust fund land and other state land not purchased
for game refuge or public hunting purposes. Except as provided in
paragraph (b), the payment shall be the greatest of: (1) 35
percent of the gross receipts from all special use permits and leases
of land acquired for public hunting and game refuges; (2) 50
cents per acre on land purchased actually used for public hunting or
game refuges; or (3) three-fourths of one percent of the
appraised value of purchased land actually used for public hunting
and game refuges. (b) The payment shall be 50 percent of the
dollar amount adjusted for inflation as determined under section 477A.12,
subdivision 1, paragraph (a), clause (1), multiplied by the number of
acres of land in the county that are owned by another state agency
for military purposes and designated as a game refuge under section
97A.085.(c) The payment must be reduced by the amount paid under
subdivision 3 for croplands managed for wild geese. (d) The
appraised value is the purchase price for five years after
acquisition. The appraised value shall be determined by the county
assessor every five years after acquisition. Subd. 2.
Allocation. (a) Except as provided in subdivision 3, the county
treasurer shall allocate the payment among the county, towns, and
school districts on the same basis as if the payments were taxes on
the land received in the year. Payment of a town's or a school
district's allocation must be made by the county treasurer to the
town or school district within 30 days of receipt of the payment to
the county. The county's share of the payment shall be deposited in
the county general revenue fund. (b) The county treasurer of a
county with a population over 39,000 but less than 42,000 in the 1950
federal census shall allocate the payment only among the towns and
school districts on the same basis as if the payments were taxes on
the lands received in the current year. Subd. 3. Goose
management croplands. (a) The commissioner shall make a payment
on July 1 of each year to each county where the state owns more than
1,000 acres of crop land, for wild goose management purposes. The
payment shall be equal to the taxes assessed on comparable, privately
owned, adjacent land. Money to make the payments is annually
appropriated for that purpose from the general fund. The county
treasurer shall allocate and distribute the payment as provided in
subdivision 2. (b) The land used for goose management under this
subdivision is exempt from taxation as provided in sections 272.01
and 273.19.Subd. 4. Offset of payments. Payments to a county or
town under this section must be reduced by the amount of payment to
that county or town under section 477A.12
for the same lands in the same year. Subd. 5. Allocation of
payments. Notwithstanding section 477A.14,
the amounts paid to a county under section 477A.14
for lands that are also subject to payment under this section shall
be allocated within the county in accordance with subdivision 2. 97A.065 Dedication of certain receipts. Subdivision 1. Fish and turtles from
rough fish removal. Money received from the sale of fish and
turtles taken under rough fish removal operations is continuously
available for rough fish removal. Subd. 2. Fines and
forfeited bail. (a) Fines and forfeited bail collected from
prosecutions of violations of: the game and fish laws or rules
adopted thereunder; sections 84.091
to 84.15
or rules adopted thereunder; sections 84.81
to 84.91
or rules adopted thereunder; section 169A.20,
when the violation involved an off-road recreational vehicle as
defined in section 169A.03,
subdivision 16; chapter 348; and any other law relating to wild
animals or aquatic vegetation, must be paid to the treasurer of the
county where the violation is prosecuted. The county treasurer shall
submit one-half of the receipts to the commissioner and credit the
balance to the county general revenue fund except as provided in
paragraphs (b), (c), and (d). In a county in a judicial district
under section 480.181,
subdivision 1, paragraph (b), the share that would otherwise go to
the county under this paragraph must be submitted to the commissioner
of finance for deposit in the state treasury and credited to the
general fund. (b) The commissioner may reimburse a county, from
the game and fish fund, for the cost of keeping prisoners prosecuted
for violations of the game and fish laws under this section if the
county board, by resolution, directs: (1) the county treasurer to
submit all game and fish fines and forfeited bail to the
commissioner; and (2) the county auditor to certify and submit
monthly itemized statements to the commissioner. (c) The county
treasurer shall submit one-half of the receipts collected under
paragraph (a) from prosecutions of violations of sections 84.81
to 84.91
or rules adopted thereunder, and 169A.20,
except receipts that are surcharges imposed under section 357.021,
subdivision 6, to the commissioner and credit the balance to the
county general fund. The commissioner shall credit these receipts to
the snowmobile trails and enforcement account in the natural
resources fund. (d) The county treasurer shall indicate the
amount of the receipts that are surcharges imposed under section 357.021,
subdivision 6, and shall submit all of those receipts to the
commissioner of finance. Subd. 3. Repealed, 1994 c 561 s 28
Subd. 4. Repealed, 1987 c 149 art 1 s 54 Subd. 5.
Restitution for wild animals. Money collected from restitution
under section 97A.341
for wild animals killed, injured, or possessed in violation of the
game and fish laws must be used by the commissioner for replacement,
propagation, or protection of wild animals.
97A.071 Wildlife acquisition account. Subdivision 1. Account
established. The wildlife acquisition account is established as
an account in the game and fish fund. Subd. 2. Revenue from
small game license surcharge and lifetime licenses. Revenue from
the small game surcharge and $6.50 annually from the lifetime fish
and wildlife trust fund, established in section 97A.4742,
for each license issued under sections 97A.473,
subdivisions 3 and 5, and 97A.474,
subdivision 3, shall be credited to the wildlife acquisition account
and the money in the account shall be used by the commissioner only
for the purposes of this section, and acquisition and development of
wildlife lands under section 97A.145
and maintenance of the lands, in accordance with appropriations made
by the legislature. Subd. 2a. Use of wildlife acquisition
account money. Of the money annually appropriated and available
from the wildlife acquisition account: (1) at least 50 percent
must be used for land costs; and (2) the remainder may only be
used for other land acquisition costs, development, and maintenance
of wildlife lands, and activities under subdivision 3. Subd. 3.Waterfowl breeding grounds in Canada. The wildlife
acquisition account may be used for developing, preserving,
restoring, and maintaining waterfowl breeding grounds in Canada under
agreement or contract with any nonprofit organization dedicated to
the construction, maintenance, and repair of projects that are
acceptable to the governmental agency having jurisdiction over the
land and water affected by the projects. The commissioner may
execute agreements and contracts if the commissioner determines that
the use of the funds will benefit the migration of waterfowl into the
state. Subd. 4. Repealed, 1994 c 561 s 28 Subd. 5.
Definitions. (a) The definitions in this subdivision apply to
this section. (b) "Development" means fencing, signing, and
on-site improvement of the land that is related to the purposes for
which the land was acquired. Development includes material or
equipment that is purchased or rented and labor that is necessary to
provide for the onsite improvement of the land. (c) "Land costs"
means the purchase price of land acquired by the commissioner under
section 97A.145.(d) "Maintenance" means noxious weed control and other on-site
functions performed on a regular basis to sustain the environmental
conditions that result from the original improvement of the land.(e) "Other acquisition costs" means acquisition coordination
costs, costs of engineering services, appraisal fees, attorney fees,
taxes, assessments required at the time of purchase, and recording
fees for land acquired by the commissioner under section 97A.145.

97A.075 Use of license revenues. Subdivision 1. Deer, bear, and
lifetime licenses. (a) For purposes of this subdivision, "deer
license" means a license issued under section 97A.475,
subdivisions 2, clauses (4), (5), (9), (11), (13), and (14), and 3,
clauses (2), (3), and (7), and licenses issued under section 97B.301,
subdivision 4. (b) At least $2 from each annual deer license and
$2 annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742,
for each license issued under section 97A.473,
subdivision 4, shall be used for deer habitat improvement or deer
management programs. (c) At least $1 from each annual deer
license and each bear license and $1 annually from the lifetime fish
and wildlife trust fund, established in section 97A.4742,
for each license issued under section 97A.473,
subdivision 4, shall be used for deer and bear management programs,
including a computerized licensing system. Fifty cents from each
deer license is appropriated for emergency deer feeding and wild
cervidae health management. Money appropriated for emergency deer
feeding and wild cervidae health management is available until
expended. When the unencumbered balance in the appropriation for
emergency deer feeding and wild cervidae health management at the end
of a fiscal year exceeds $2,500,000 for the first time, $750,000 is
canceled to the unappropriated balance of the game and fish fund.
The commissioner must inform the legislative chairs of the natural
resources finance committees every two years on how the money for
emergency deer feeding and wild cervidae health management has been
spent. Thereafter, when the unencumbered balance in the
appropriation for emergency deer feeding and wild cervidae health
management exceeds $2,500,000 at the end of a fiscal year, the
unencumbered balance in excess of $2,500,000 is canceled and
available for deer and bear management programs and computerized
licensing. Subd. 2. Minnesota migratory waterfowl
stamp. (a) Ninety percent of the revenue from the Minnesota
migratory waterfowl stamps must be credited to the waterfowl habitat
improvement account. Money in the account may be used only for:
(1) development of wetlands and lakes in the state and designated
waterfowl management lakes for maximum migratory waterfowl production
including habitat evaluation, the construction of dikes, water
control structures and impoundments, nest cover, rough fish barriers,
acquisition of sites and facilities necessary for development and
management of existing migratory waterfowl habitat and the
designation of waters under section 97A.101;(2) management of migratory waterfowl; (3) development,
restoration, maintenance, or preservation of migratory waterfowl
habitat; (4) acquisition of and access to structure sites; and(5) the promotion of waterfowl habitat development and
maintenance, including promotion and evaluation of government farm
program benefits for waterfowl habitat. (b) Money in the account
may not be used for costs unless they are directly related to a
specific parcel of land or body of water under paragraph (a), clause
(1), (3), (4), or (5), or to specific management activities under
paragraph (a), clause (2). Subd. 3. Trout and salmon
stamp. (a) Ninety percent of the revenue from trout and salmon
stamps must be credited to the trout and salmon management account.
Money in the account may be used only for: (1) the development,
restoration, maintenance, improvement, protection, and preservation
of habitat for trout and salmon in trout streams and lakes,
including, but not limited to, evaluating habitat; stabilizing
eroding stream banks; adding fish cover; modifying stream channels;
managing vegetation to protect, shade, or reduce runoff on stream
banks; and purchasing equipment to accomplish these tasks; (2)
rearing trout and salmon, including utility and service costs
associated with coldwater hatchery buildings and systems; stocking
trout and salmon in streams and lakes and Lake Superior; and
monitoring and evaluating stocked trout and salmon; (3)
acquisition of easements and fee title along trout waters; (4)
identifying easement and fee title areas along trout waters; and
(5) research and special management projects on trout streams, trout
lakes, and Lake Superior and portions of its tributaries. (b)
Money in the account may not be used for costs unless they are
directly related to a specific parcel of land or body of water under
paragraph (a), to specific fish rearing activities under paragraph
(a), clause (2), or for costs associated with supplies and equipment
to implement trout and salmon management activities under paragraph
(a). Subd. 4. Pheasant stamp. (a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant habitat
improvement account. Money in the account may be used only for:
(1) the development, restoration, and maintenance of suitable habitat
for ringnecked pheasants on public and private land including the
establishment of nesting cover, winter cover, and reliable food
sources; (2) reimbursement of landowners for setting aside lands
for pheasant habitat; (3) reimbursement of expenditures to
provide pheasant habitat on public and private land; (4) the
promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for
pheasant habitat; and (5) the acquisition of lands suitable for
pheasant habitat management and public hunting. (b) Money in the
account may not be used for: (1) costs unless they are directly
related to a specific parcel of land under paragraph (a), clause (1),
(3), or (5), or to specific promotional or evaluative activities
under paragraph (a), clause (4); or (2) any personnel costs,
except that prior to July 1, 2009, personnel may be hired to provide
technical and promotional assistance for private landowners to
implement conservation provisions of state and federal programs.
Subd. 5. Turkey stamps. (a) Ninety percent of the revenue
from turkey stamps must be credited to the wild turkey management
account. Money in the account may be used only for: (1) the
development, restoration, and maintenance of suitable habitat for
wild turkeys on public and private land including forest stand
improvement and establishment of nesting cover, winter roost area,
and reliable food sources; (2) acquisitions of, or easements on,
critical wild turkey habitat; (3) reimbursement of expenditures
to provide wild turkey habitat on public and private land; (4)
trapping and transplantation of wild turkeys; and (5) the
promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research. (b) Money in the account
may not be used for: (1) costs unless they are directly related
to a specific parcel of land under paragraph (a), clauses (1) to (3),
a specific trap and transplant project under paragraph (a), clause
(4), or to specific promotional or evaluative activities under
paragraph (a), clause (5); or (2) any permanent personnel costs.

97A.081 Posting land. The commissioner may post land acquired for public hunting
grounds, food and cover planting areas, game refuges, wildlife lands,
and conservation area lands so as to identify and indicate the
management purpose and whether hunting and trapping are allowed. 97A.083 Hunting and fishing on state land. The commissioner shall allow or
prohibit hunting and fishing on state land as provided under the game
and fish laws. The commissioner shall publish information on hunting
and fishing on state land, including areas where taking wild animals
is allowed or prohibited.
97A.085 Game refuges. Subdivision 1. State parks. All state parks are
designated as game refuges. Subd. 2. Establishment by
commissioner. The commissioner may designate a game refuge if
more than 50 percent of the area is in public ownership. The game
refuge must be a contiguous area of at least 640 acres unless it
borders or includes a marsh, or other body of water or watercourse
suitable for wildlife habitat. Subd. 3. Establishment by
petition of land holders. The commissioner may designate a land
area or portion of a land area described in a petition as a game
refuge. The petition must be signed by the owner, the lessee, or the
person in possession of each tract in the area. A certificate of the
auditor of the county where the lands are located must accompany the
petition stating that the persons named in the petition are the
owners, lessees, or persons in possession of all of the land
described according to the county records. The game refuge must be a
contiguous area of at least 640 acres unless it borders or includes a
marsh, or other body of water or watercourse suitable for wildlife
habitat. Subd. 4. Establishment by petition of county
residents. The commissioner may designate as a game refuge
public waters or a contiguous area described in a petition, signed by
50 or more residents of the county where the public waters or area is
located. The game refuge must be a contiguous area of at least 640
acres unless it borders or includes a marsh, or other body of water
or watercourse suitable for wildlife habitat. The game refuge may be
designated only if the commissioner finds that protected wild animals
are depleted and are in danger of extermination, or that it will best
serve the public interest. Subd. 4a. Hearing required.
Before designating a game refuge under this section, the commissioner
must hold a public hearing within the county where the majority of
the proposed game refuge exists. Notices of the time and place of
the hearing must be posted in five conspicuous places within the
proposed game refuge at least 15 days before the hearing. A notice
of the hearing must be published in a legal newspaper in each county
where the area is located at least seven days before the hearing.Subd. 5. Game refuge for specified game. The
commissioner may designate a game refuge under this section for only
specified species. The game refuge must be posted accordingly.
Subd. 6. Area included in game refuge. A state game refuge
includes all public lands, waters, highways, and railroad
right-of-way within the refuge boundary and, in the discretion of the
commissioner, may include adjacent public lands and waters.
Subd. 7. Game refuge boundary posting. (a) The designation
of a state game refuge is not effective until the boundary has been
posted with notices that measure at least 12 inches. (b) The
notices must be posted at intervals of not more than 500 feet or less
along the boundary. The notices must also be posted at all public
road entrances to the refuges, except where the boundary is also an
international or state boundary in public waters. Where the boundary
of a refuge extends more than 500 feet continuously through a body of
water, instead of placing notices in the water, notices with the
words, "Adjacent Waters Included," may be placed on the shoreline at
the intersection of the boundary and the water 20 feet or less above
the high-water mark and at intervals of 500 feet or less along the
shoreline. (c) A certification by the commissioner or the
director of the Wildlife Division, or a certification filed with the
commissioner or director by a conservation officer, refuge
supervisor, or other authorized officer or employee, stating that the
required notices have been posted is prima facie evidence of the
posting. Subd. 8. Modification or abandonment. A state
game refuge may be vacated or modified by the commissioner under the
same procedures required for establishment of the refuge, except that
a refuge established or modified under subdivision 2 or 3 may be
vacated or modified following a public hearing as specified in
subdivision 4a.
97A.091 Hunting on game refuges. Subdivision 1. Hunting and possession of
firearms. Except as provided in subdivision 2, a person may not
take a wild animal, except fish, within a state game refuge. A
person may not carry within a refuge: (1) a firearm unless the
firearm is unloaded and contained in a case, or unloaded and broken
down; or (2) an uncased bow. Subd. 2. When hunting
allowed. (a) The commissioner may allow hunting of a protected
wild animal species within any portion of a state game refuge,
including a state park. Hunting may be allowed under this paragraph
only if the commissioner finds: (1) the population of the species
exceeds the refuge's carrying capacity; (2) the species is
causing substantial damage to agricultural or forest crops in the
vicinity; (3) the species or other protected wild animals are
threatened by the species population; or (4) a harvestable
surplus of the species exists. (b) The commissioner may allow
hunting of unprotected wild animals in a game refuge. (c) The
commissioner may prescribe rules for any hunting allowed within a
refuge. (d) In any selection process for permits to take deer
within a game refuge, the commissioner may designate a certain number
of permits that are available only to applicants who are age 70 or
over or are qualified for a special permit under section 97B.055,
subdivision 3, or 97B.106.Subd. 3. Trap or target shooting. The commissioner may
issue special permits, without fee, to the owner or lessee of
privately owned land within the boundaries of a state game refuge for
trap or target shooting.
97A.092 Controlled hunting zones. The commissioner may by rule establish
controlled hunting zones in areas on or adjacent to wildlife
management areas and game refuges where the commissioner determines
it is necessary to limit the distribution of waterfowl hunters. The
commissioner may by rule establish conditions for entry and
restrictions on hunting in a controlled hunting zone, including
procedures for impartially selecting hunters for the zone.
97A.093 Hunting, trapping, and fishing in scientific and natural areas. Except as otherwise provided by law, scientific and natural areas
are closed to hunting, trapping, and fishing unless: (1) the
designating document allows hunting, trapping, or fishing; or (2)
the commissioner allows hunting, trapping, or fishing in accordance
with the procedure in section 86A.05,
subdivision 5, paragraph (d).
97A.095 Waterfowl protected areas. Subdivision 1. Migratory waterfowl
sanctuary. The commissioner may designate by rule any part of a
state game refuge or any part of a public water that is designated
for management purposes under section 97A.101,
subdivision 2, as a migratory waterfowl sanctuary if there is
presented to the commissioner a petition signed by ten resident
licensed hunters describing an area that is primarily a migratory
waterfowl refuge. The commissioner shall post the area as a
migratory waterfowl sanctuary. A person may not enter a posted
migratory waterfowl sanctuary during the open migratory waterfowl
season unless accompanied by or under a permit issued by a
conservation officer or wildlife manager. Upon a request from a
private landowner within a migratory waterfowl sanctuary, an annual
permit must be issued to provide access to the property during the
waterfowl season. The permit shall include conditions that allow no
activity which would disturb waterfowl using the refuge during the
waterfowl season. Subd. 2. Waterfowl feeding and resting
areas. The commissioner may, by rule, designate any part of a
lake as a migratory feeding and resting area. Before designation,
the commissioner must receive a petition signed by at least ten local
resident licensed hunters describing the area of a lake that is a
substantial feeding or resting area for migratory waterfowl, and find
that the statements in the petition are correct, and that adequate,
free public access to the lake exists near the designated area. The
commissioner shall post the area as a migratory waterfowl feeding and
resting area. Except as authorized in rules adopted by the
commissioner, a person may not enter a posted migratory waterfowl
feeding and resting area, during a period when hunting of migratory
waterfowl is allowed, with watercraft or aircraft propelled by a
motor, other than an electric motor of less than 30 pounds thrust.
The commissioner may, by rule, further restrict the use of electric
motors in migratory waterfowl feeding and resting areas. Subd.
3. Hunting on Muskrat Lake. The commissioner may prohibit
migratory waterfowl hunting on Muskrat Lake in Beltrami County by
posting accordingly. Subd. 4. Swan Lake Migratory Waterfowl
Sanctuary. The land described in Laws 1999, chapter 81, section
2, is designated Swan Lake Migratory Waterfowl Sanctuary under
subdivision 1.
97A.098 Trespass on federal lands. A person may not enter or use a national
wildlife refuge or federal waterfowl production area in violation of
federal law.
97A.101 Public water reserves and management designation. Subdivision 1.
Reserves. The commissioner may designate and reserve public
waters of the state to propagate and protect wild animals. Subd.
2. Management designation. (a) The commissioner may
designate, reserve, and manage public waters for wildlife after
giving notice and holding a public hearing. The hearing must be held
in the county where the major portion of the waters is located.
Notice of the hearing must be published in a legal newspaper within
each county where the waters are located at least seven days before
the hearing. The designation by the commissioner shall be by written
order published in the State Register. Designations are not subject
to the rulemaking provisions of chapter 14 and section 14.386
does not apply. (b) The commissioner may contract with riparian
owners for water projects under section 103G.121,
subdivision 3, and may acquire land, accept local funding, and
construct, maintain, and operate structures to control water levels
under section 103G.505
to manage designated waters. Subd. 3. Fishing may not be
restricted. Seasons or methods of taking fish may not be
restricted under this section. Subd. 4. Restrictions on
airboats, watercraft, and recreational vehicles. (a) The use of
airboats is prohibited at all times on lakes designated for wildlife
management purposes under this section unless otherwise authorized by
the commissioner. (b) The commissioner may restrict the use of
motorized watercraft and recreational vehicles on lakes designated
for wildlife management purposes by posting all public access points
on the designated lake.
97A.105 Game and fur farms. Subdivision 1. License requirements. (a) A
person may breed and propagate fur-bearing animals, game birds, bear,
or mute swans only on privately owned or leased land and after
obtaining a license. Any of the permitted animals on a game farm may
be sold to other licensed game farms. "Privately owned or leased
land" includes waters that are shallow or marshy, are not actually
navigable, and are not of substantial beneficial public use. Before
an application for a license is considered, the applicant must
enclose the area to sufficiently confine the animals to be raised in
a manner approved by the commissioner. A license may be granted only
if the commissioner finds the application is made in good faith with
intention to actually carry on the business described in the
application and the commissioner determines that the facilities are
adequate for the business. (b) A person may purchase live game
birds or their eggs without a license if the birds or eggs, or birds
hatched from the eggs, are released into the wild, consumed, or
processed for consumption within one year after they were purchased
or hatched. This paragraph does not apply to the purchase of
migratory waterfowl or their eggs. (c) A person may not
introduce mute swans into the wild without a permit issued by the
commissioner. Subd. 2. Transfer of license. (a) A game
or fur farm license is transferable with the transfer of all or a
portion of the title or leasehold of the land if: (1) the land
transferred complies with the license requirements; (2) the land
is used for the purposes of the license; and (3) a verified
written report of the existing and intended land use is made to the
commissioner, accompanied by a copy of deed, assignment, lease, or
other instrument transferring the corresponding title or leasehold in
the enclosed land. (b) A transfer of less than the whole
interest in the license is not valid. Each bona fide partner or
associate in the ownership or operation of a game or fur farm must
obtain a separate license. Subd. 3. Ownership of wild
animals. All wild animals and their offspring, of the species
identified in the license, that are within the enclosure are the
property of the game and fur farm licensee. Subd. 3a. Repealed,
2003 c 128 art 1 s 176 Subd. 3b. Repealed, 2003 c 128 art 1 s 176Subd. 4. Sale of live animals. (a) A sale of live
animals from a licensed fur or game farm is not valid unless the
animals are delivered to the purchaser or they are identified and
kept separately. (b) Live animals sold through auction or
through a broker are considered to be sold by the game farm licensee.(c) The sale agreement or contract must be in writing. The
licensee must notify a purchaser of the death of an animal within 30
days and of the number of increase before July 20 of each year.
Subd. 5. Sale of pelts. The commissioner shall prescribe:(1) the manner that pelts and products of wild animals raised on
fur or game farms may be sold or transported; and (2) the tags or
seals to be affixed to the pelts and products. Subd. 6. Fox
and mink. Fox and mink may not be bought or sold for breeding or
propagating unless they have been pen-bred for at least two
generations. Subd. 7. Transportation of live beaver.
Live beaver may not be transported without a permit from the
commissioner. Subd. 8. Penalty. A licensee that does
not comply with a provision of this section subjects all wild animals
on the game or fur farm to confiscation. Subd. 9.
Rules. The commissioner may adopt rules for: (1) the issuance
of game farm licenses; (2) the inspection of game farm
facilities; (3) the acquisition and disposal of game farm
animals; and (4) record keeping and reporting by game farm
licensees, including transactions handled by auction or broker. 97A.111 Repealed, 1997 c 226 s 51
97A.115 Establishment of shooting preserves. Subdivision 1. Licenses;
rules. A person may not operate a shooting preserve without a
license. The commissioner may issue licenses to operate commercial
shooting preserves and private shooting preserves if the commissioner
determines that it is in the public interest and that there will not
be an adverse effect on wild game bird populations. Private shooting
preserves may only be located outside of the pheasant range as
determined by the commissioner. The commissioner may adopt rules to
implement this section and section 97A.121.Subd. 2. Species available. Species that may be released
and hunted in a licensed shooting preserve must be specified in the
license and are limited to unprotected birds, adult pheasant, and
bob-white quail for private shooting preserves and adult pheasant,
bob-white quail, turkey, mallard duck, black duck, and other species
designated by the commissioner for commercial shooting preserves.
These game birds must be pen hatched and raised. Subd. 3.
Size of preserve. A shooting preserve must be at least 40 but not
more than 160 contiguous acres for private shooting preserves and at
least 100 but not more than 1,000 contiguous acres, including any
water area, for commercial shooting preserves. Subd. 4.
Posting of boundaries. The boundaries of a shooting preserve must
be clearly posted in a manner prescribed by the commissioner.
Subd. 5. Revocation of license. The commissioner may revoke
a shooting preserve license if the licensee or persons authorized to
hunt in the preserve have been convicted of a violation under this
section or section 97A.121.
After revocation, a new license may be issued in the discretion of
the commissioner.
97A.121 Hunting in private shooting preserves. Subdivision 1. Hunter's
license. (a) A person hunting released birds in a private
shooting preserve must have the licenses required by law for hunting
pheasants. (b) A license is not required to hunt authorized game
birds on a commercial shooting preserve. Subd. 2.
Season. (a) The open season for hunting in commercial shooting
preserves is continuous. Sanctioned registered field trials in
commercial shooting preserves may be held from April 16 to July 14
after notification to the commissioner. (b) The open season for
hunting in a private shooting preserve is September 15 until December
31. (c) The commissioner may restrict the open season after
receiving a complaint, holding a public hearing, and finding that the
population of wild game birds is in danger by hunting in the
preserve. Subd. 3. Operator may establish restrictions.
A shooting preserve licensee may determine who is allowed to hunt in
the preserve. In each preserve the licensee may establish the charge
for taking game, the shooting hours, the season, limitations, and
restrictions on the age, sex, and number of each species that may be
taken by a hunter. These provisions may not conflict with this
section or section 97A.115
and may not be less restrictive than any rule. Subd. 4.
Limits and marking of game birds. Except as provided in
subdivision 4a, the commissioner shall prescribe the minimum number
of each authorized species that may be released and the percentage of
each species that may be taken. The commissioner shall prescribe
methods for identifying birds to be released. Subd. 4a.
Pheasants. (a) A private shooting preserve licensed to release
pheasants may release no more than 300 adult pheasants on the
licensed shooting preserve area during the private shooting preserve
hunting season. The number of pheasants harvested may not exceed 95
percent of the number of pheasants released. (b) A commercial
shooting preserve must release at least 1,000 adult pheasants.
Subd. 5. Marking harvested game. Harvested game, except
ducks that are marked in accordance with regulations of the United
States Fish and Wildlife Service, must be marked or identified by the
shooting preserve in a manner prescribed by the commissioner. The
commissioner may issue the tags or other markings at a cost of 15
cents each. The marking must remain attached on the bird while the
bird is transported. Subd. 6. Record keeping. A
shooting preserve licensee must maintain a registration book listing
the names, addresses, and hunting license numbers, if applicable, of
all hunters, the date when they hunted, the amount and species of
game taken, and the tag numbers or other markings affixed to each
bird. A shooting preserve must keep records of the number of each
species raised and purchased and the date and number of each species
released. The records must be open to inspection by the commissioner
at all reasonable times.
97A.125 Wildlife habitat on private land. The commissioner may enter into
agreements with landowners to develop or improve wildlife habitat on
private land and provide financial, technical, and professional
assistance and material.
97A.127 Financing waterfowl development. The commissioner may use funds
appropriated for fish and wildlife programs for the purpose of
developing, preserving, restoring, and maintaining waterfowl breeding
grounds in Canada under agreement or contract with any nonprofit
organization dedicated to the construction, maintenance, and repair
of projects that are acceptable to the governmental agency having
jurisdiction over the land and water affected by the projects. The
commissioner may execute agreements and contracts if the commissioner
determines that use of the funds will benefit the migration of
waterfowl into the state.
97A.131 Game farms and hatcheries. The commissioner may acquire property by
gift, lease, purchase, or condemnation and may construct, maintain,
operate, and alter facilities for game farms and hatcheries. 97A.133 State management wildlife areas. Subdivision 1.
Establishment. State wildlife management areas are established
and designated as provided under this section. State wildlife
management areas are located and named as indicated in this section.

97A.135 Acquisition of wildlife lands. Subdivision 1. Public hunting and
wildlife areas. (a) The commissioner or the commissioner of
administration shall acquire and improve land for public hunting,
game refuges, and food and cover planting. The land may be acquired
by a gift, lease, easement, purchase, or condemnation. At least
two-thirds of the total area acquired in a county must be open to
public hunting. The commissioner may designate, by written order
published in the State Register, land acquired under this subdivision
as a wildlife management area for the purposes of the outdoor
recreation system. Designations of wildlife management areas are
exempt from the rulemaking provisions of chapter 14 and section 14.386
does not apply. (b) The commissioner of administration may
transfer money to the commissioner for acquiring wildlife lands to
qualify for Pittman-Robertson funds. The transferred money is
reappropriated to the commissioner for the wildlife land acquisition.Subd. 2. Disposal of unsuitable hunting areas. The
commissioner shall sell or exchange land acquired for public hunting
that is unnecessary or unsuitable. The land may not be sold for less
than its purchase price. The land may be exchanged for land of equal
value that adds to existing public hunting areas. The sales and
exchanges must be approved by the Executive Council. This
subdivision does not apply to land in a wildlife management area.Subd. 2a. Disposal of land in wildlife management areas.
(a) The commissioner may sell or exchange land in a wildlife
management area authorized by designation under section 86A.07,
subdivision 3, 97A.133,
or 97A.145
if the commissioner vacates the designation before the sale or
exchange in accordance with this subdivision. The designation may be
vacated only if the commissioner finds, after a public hearing, that
the disposal of the land is in the public interest. (b) A sale
under this subdivision is subject to sections 94.09
to 94.16.
An exchange under this subdivision is subject to sections 94.341
to 94.347.(c) Revenue received from a sale authorized under paragraph (a)
is appropriated to the commissioner for acquisition of replacement
wildlife management lands. (d) Land acquired by the commissioner
under this subdivision must meet the criteria in section 86A.05,
subdivision 8, and as soon as possible after the acquisition must be
designated as a wildlife management area under section 86A.07,
subdivision 3, 97A.133,
or 97A.145.(e) In acquiring land under this subdivision, the commissioner
must give priority to land within the same geographic region of the
state as the land conveyed. Subd. 3. Cooperative farming
agreements. On any public hunting, game refuge, wildlife
management area, or scientific and natural area lands, the
commissioner may enter into written cooperative farming agreements on
a sharecrop basis, without competitive bidding, for the purpose of
wildlife and plant management. Cooperative farming agreements may
also be used to allow pasturing of livestock. The agreements may
provide for the bartering of a share of any crop, produced from these
lands, for services or products that will enhance or benefit the
management of state lands for plant and animal species. Cooperative
farming agreements pursuant to this section shall not be considered
leases for tax purposes under section 272.01,
subdivision 2, or 273.19.

97A.137 Hunting, fishing, and trespassing in wildlife management areas. Subdivision 1. Hunting and fishing. Wildlife management
areas are open to hunting and fishing unless closed by rule of the
commissioner or by posting under subdivision 2. Subd. 2.
Commissioner may restrict entry to designated areas. The
commissioner may, by posting in accordance with section 97B.001,
subdivision 4, designate areas within wildlife management areas that
are closed to entry for the purpose of providing areas where
disturbance of wildlife can be minimized. A person may not enter an
area posted under this subdivision except as authorized by rule or a
permit issued by the commissioner. Subd. 3. Use of
motorized vehicles by disabled hunters. The commissioner may
issue a special permit, without a fee, authorizing a hunter with a
permanent physical disability to use a snowmobile or all-terrain
vehicle in wildlife management areas. To qualify for a permit under
this subdivision, the disabled person must possess: (1) the
required hunting licenses; and (2) a permit to shoot from a
stationary vehicle under section 97B.055,
subdivision 3.
97A.141 Public water access sites. Subdivision 1. Acquisition;
generally. The commissioner shall acquire access sites adjacent
to public waters and easements and rights-of-way necessary to connect
the access sites with public highways. The land may be acquired by
gift, lease, or purchase, or by condemnation with approval of the
Executive Council. An access site may not exceed seven acres and may
only be acquired where access is inadequate. Subd. 2.
Acquisition; limitations. Access sites may not be acquired under
this section adjacent to public waters that are unmeandered or
completely surrounded by land owned and maintained for the purpose of
an educational or religious institution. Access sites adjacent to
public waters that contain less than 200 acres within the meander
lines may not be acquired by condemnation and may only be acquired
if: (1) the public water contains at least 150 acres within the
meander lines; or (2) the public waters are to be managed
intensively for fishing. Subd. 3. Maintenance. The
commissioner shall maintain the sites, easements, and rights-of-way
acquired under this section. The commissioner may make an agreement
for the maintenance of the site easements and rights-of-way with a
county board if the connecting public highway is a county state-aid
highway or county highway, or the town board if the connecting
highway is a town road. The county board and town board may spend
money from its road and bridge funds for maintenance under the
agreement. Subd. 4. Cooperation with metropolitan
governmental units. Local units of government owning lands
adjacent to public waters within the seven-county metropolitan area
shall cooperate with the commissioner to use those lands for public
access purposes when identified by the commissioner under subdivision
1. If cooperation does not occur, the commissioner may use
condemnation authority under this section to acquire an interest in
the local government lands for public access purposes. Subd. 5.Hunting generally prohibited. A person may not hunt on water
access sites unless allowed by rule of the commissioner.
97A.145 Wetlands for wildlife. Subdivision 1. Acquisition; generally.
(a) The commissioner or the commissioner of administration may
acquire wetlands and bordering areas, including marshes, ponds, small
lakes, and stream bottoms for water conservation relating to wildlife
development. The lands that are acquired may be developed for
wildlife, recreation, and public hunting. The wetlands may be
acquired by gift, lease, purchase, or exchange of state lands.
(b) The commissioner may also acquire land owned by the state and
tax-forfeited land that is suitable for wildlife development. The
wetlands may not be acquired unless public access by right-of-way or
easement from a public road is also acquired or available. In
acquiring wetlands under this section the commissioner shall assign
highest priority to type 3 and 4 wetlands, as defined in United
States Fish and Wildlife Service Circular No. 39 (1971 edition), that
are public waters. Lands purchased or leased under this section may
not be used to produce crops unless needed for wildlife. The
commissioner may designate, by written order published in the State
Register, land acquired under this section as a wildlife management
area for purposes of the outdoor recreation system. Designations of
wildlife management areas are exempt from the rulemaking provisions
of chapter 14 and section 14.386
does not apply. Subd. 2. Acquisition procedure. (a)
Lands purchased or leased under this section must be acquired in
accordance with this subdivision. (b) The commissioner must
notify the county board and the town officers where the land is
located and furnish them a description of the land to be acquired.
The county board must approve or disapprove the proposed acquisition
within 90 days after being notified. The commissioner may extend the
time up to 30 days. The soil and water conservation district
supervisors shall counsel the county board on drainage and flood
control and the best utilization and capability of the land. (c)
If the county board approves the acquisition within the prescribed
time, the commissioner may acquire the land. (d) If the county
board disapproves the acquisition, it must state valid reasons. The
commissioner may not purchase or lease the land if the county board
disapproves the acquisition and states its reasons within the
prescribed time period. The landowner or the commissioner may appeal
the disapproval to the district court having jurisdiction where the
land is located. (e) The commissioner or the owner of the land
may submit the proposed acquisition to the Land Exchange Board if:
(1) the county board does not give reason for disapproval, or does
not approve or disapprove the acquisition within the prescribed time
period; or (2) the court finds that the disapproval is arbitrary and
capricious, or that the reasons stated for disapproval are invalid.(f) The Land Exchange Board must conduct a hearing and make a
decision on the acquisition within 60 days after receiving the
proposal. The Land Exchange Board must give notice of the hearing to
the county board, the commissioner, the landowner, and other
interested parties. The Land Exchange Board must consider the
interests of the county, the state, and the landowner in determining
whether the acquisition is in the public interest. If a majority of
the Land Exchange Board members approves the acquisition, the
commissioner may acquire the land. If a majority disapproves, the
commissioner may not purchase or lease the land. Subd. 3.
Management. If a drainage outlet is petitioned and drainage
proceedings are conducted under the Drainage Code, chapter 103E, the
commissioner should not interfere with or unnecessarily delay the
proceedings.
97A.151 Leech Lake Indian Reservation agreement. Subdivision 1.
Purpose. The purpose of this section is to give recognition and
effect to the rights of the Leech Lake Band of Chippewa Indians that
are preserved by federal treaty relating to hunting, fishing, and
trapping, and to the gathering of wild rice on the Leech Lake Indian
Reservation. These rights have been recognized and given effect by
the decision of the United States District Court in the following
entitled actions: Leech Lake Band of Chippewa Indians, et al v.
Robert L. Herbst, No. 3-69 Civ. 65; and United States of America v.
State of Minnesota, No. 3-70 Civ. 228. The state of Minnesota
desires to settle all outstanding issues and claims relating to the
above rights. Subd. 2. Definitions. The definitions in
this subdivision apply to this section. (a) "Band" means the
Leech Lake Band of Chippewa Indians. (b) "Committee" means the
Reservation Business Committee of the Leech Lake Band of Chippewa
Indians. (c) "Reservation" means the Leech Lake Indian
Reservation described in the settlement agreement. (d)
"Settlement agreement" means the document entitled "Agreement and
Settlement" on file and of record in the United States District Court
for the District of Minnesota, Third Division, in the following
entitled actions: Leech Lake Band of Chippewa Indians, et al v.
Robert L. Herbst, No. 3-69 Civ. 65; and United States of America v.
State of Minnesota, No. 3-70 Civ. 228. Subd. 3.
Ratification of settlement agreement. Notwithstanding the
provisions of any other law to the contrary, the state of Minnesota
by this section ratifies and affirms the agreement set forth in the
settlement agreement. Subd. 4. Commissioner's powers and
duties. (a) Notwithstanding the provisions of any other law to
the contrary, the commissioner, 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
agreement entered into by the parties to the settlement agreement.(b) These actions include but are not limited to the following:(1) the implementation of the exemption of members of the band
and other members of the Minnesota Chippewa tribe from state laws
relating to hunting, fishing, trapping, the taking of minnows and
other bait, and the gathering of wild rice within the reservation,
together with exemption from related possession and transportation
laws, to the extent necessary to effectuate the terms of the
settlement agreement; (2) the establishment of a system of
special licenses and related 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. All money collected by the commissioner for special
licenses shall be deposited in the state treasury and credited to the
Leech Lake Band and White Earth Band special license account, which
is hereby created. All money in the state treasury credited to the
Leech Lake Band and White Earth Band special license account, less
any deductions for administrative costs authorized by the terms of
the settlement agreement, is appropriated to the commissioner who
shall remit the money to the committee pursuant to the terms of the
settlement agreement; (3) to the extent necessary to effectuate
the terms of the settlement agreement, the promulgation of rules for
the harvesting of wild rice within the reservation by non-Indians;(4) to the extent necessary to effectuate the terms of the
settlement agreement, the establishment of policies and procedures
for the enforcement by conservation officers of the Conservation Code
adopted by the band; and (5) the arbitration of disputes arising
under the terms of the settlement agreement.
97A.155 Amendments to Leech Lake Indian Reservation agreement.
Subdivision 1. Payment in lieu of special licenses. 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.Subd. 2. Payment in lieu of migratory waterfowl stamp
fee. 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.Subd. 3. Aquaculture allowed. 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.
97A.157 1854 treaty area agreement. Subdivision 1. Purpose. 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. Subd. 2. Settlement agreement. 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. Subd. 3.
Ratification of settlement agreement. 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." Subd. 4. Commissioner's powers and
duties. 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.
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.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.
97A.201 Enforcement. Subdivision 1. Enforcement by the commissioner. 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.
Subd. 2. Duty of county attorneys and peace officers.
County attorneys and all peace officers must enforce the game and
fish laws.
97A.205 Enforcement officer powers. 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 constable or
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 89.61;
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. Nothing in
this section grants an enforcement officer any greater powers than
other licensed peace officers.
97A.211 Arrest procedures. Subdivision 1. Notice to appear in
court. (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, in quadruplicate, a written notice to appear in court.
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, the offense, and the time and the place to appear in
court. The court must have jurisdiction within the county where the
offense is alleged to have been committed. Subd. 2. Release
after arrest. 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 signing the written notice prepared by the
arresting officer promising to appear in court. The officer shall
deliver a copy marked "SUMMONS" to the person arrested. The officer
must then release the person from custody. Subd. 3. Court
appearance. 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.

97A.215 Inspections. Subdivision 1. Storage of wild animals. (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. Subd. 2.
Records. 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. Subd. 3. Licensed
activity. 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.
97A.221 Seizure and confiscation of property. Subdivision 1. Property
subject to seizure and confiscation. (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. Subd. 2. Seizure of commingled shipments. 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. Subd. 3.Procedure for confiscation of property seized. 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; or (2) the property seized is contraband
consisting of a wild animal, wild rice, or other aquatic vegetation.Subd. 4. Disposal of confiscated property. 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, 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.
97A.223 Seizure and administrative forfeiture of certain firearms and abandoned property. Subdivision 1. Property subject to seizure
and forfeiture. (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.Subd. 2. Notice of seizure and intent to forfeit. 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. Subd. 3. Appeal; final
order. 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. Subd. 4. Other
remedies. The authority to forfeit firearms and other property
under this section is in addition to other remedies available under
state and federal law. Subd. 5. Disposal of forfeited
property. Forfeited property under this section may be disposed
of as contraband according to section 97A.221,
subdivision 4.
97A.225 Seizure and confiscation of motor vehicles and boats.
Subdivision 1. Seizure. (a) An enforcement officer must
seize all motor vehicles used to: (1) shine wild animals in
violation of section 97B.081,
subdivision 1; (2) transport big game animals illegally taken or
fur-bearing animals illegally purchased; or (3) transport minnows
in violation of section 97C.501,
97C.515,
or 97C.525.(b) An enforcement officer must seize all boats and motors used
in netting fish on Lake of the Woods, Rainy Lake, Lake Superior,
Namakan Lake, and Sand Point Lake in violation of licensing or
operating requirements of section 97A.475,
subdivision 30, 97C.825,
97C.831,
or 97C.835,
or a rule of the commissioner relating to these provisions. (c)
An enforcement officer may seize all boats and motors with their
trailers that are used to take, possess, or transport wild animals
when the restitution value of the wild animals exceeds $500.
Subd. 2. Procedure for confiscation of property seized.
The enforcement officer must hold the seized property, subject to the
order of the court having jurisdiction where the offense was
committed. The property held is confiscated when the commissioner
complies with this section and the person from whom it was seized is
convicted of the offense. Subd. 3. Complaint against
property. The commissioner shall file with the court a separate
complaint against the property held. The complaint must identify the
property, describe its use in the violation, and specify the time and
place of the violation. A copy of the complaint must be served upon
the defendant or the owner of the property. Subd. 4.
Release of property after posting bond. At any time after seizure
of the property specified in this section, the property must be
returned to the owner or person having the legal right to possession
upon execution of a valid bond to the state with a corporate surety.
The bond must be approved by a judge of the court of jurisdiction,
conditioned to abide by an order and judgment of the court and to pay
the full value of the property at the time of seizure. The bond must
be for $100 or for a greater amount not more than twice the value of
the property seized. Subd. 5. Court order. (a) If the
person arrested is acquitted, the court shall dismiss the complaint
against the property and order it returned to the person legally
entitled to it. (b) Upon conviction of the person, the court
shall issue an order directed to any person that may have any right,
title, or interest in, or lien upon, the seized property. The order
must describe the property and state that it was seized and that a
complaint against it has been filed. The order shall require a
person claiming right, title, or interest in, or lien upon, the
property to file with the court administrator an answer to the
complaint, stating the claim, within ten days after the service of
the order. The order shall contain a notice that if the person fails
to file an answer within the time limit, the property may be ordered
sold by the commissioner. (c) The court order must be served
upon any person known or believed to have any right, title, interest,
or lien in the same manner as provided for service of a summons in a
civil action, and upon unknown persons by publication, in the same
manner as provided for publication of a summons in a civil action.Subd. 6. Court ordered sale after no answer. If an
answer is not filed within the time provided in subdivision 5, the
court administrator shall notify the court and the court shall order
the commissioner to sell the property. The net proceeds of the sale
shall be deposited in the state treasury and credited to the game and
fish fund. Subd. 7. Hearing after answer. If an answer
is filed within the time provided in subdivision 5, the court shall
schedule a hearing within ten to 30 days after the time expired for
filing the answer. The court, without a jury, shall determine
whether any of the property was used in a violation specified in the
complaint and whether the owner had knowledge or reason to believe
that the property was being used, or intended to be used, in the
violation. The court shall order the commissioner to sell the
property that was unlawfully used with knowledge of the owner and to
return to the owner property that was not unlawfully used with the
knowledge of the owner. If the property is to be sold, the court
shall determine the priority of liens against the property and
whether the lienholders had knowledge that the property was being
used or was intended to be used. Lienholders that had knowledge of
the property's use in the violation are not to be paid. The court
order must state the priority of the liens to be paid. Subd. 8.Proceeds of sale. After determining the expense of seizing,
keeping, and selling the property, the commissioner must pay the
liens from the proceeds according to the court order. The remaining
proceeds shall be deposited in the state treasury and credited to the
game and fish fund. Subd. 9. Cancellation of security
interests. A sale under this section cancels all liens on and
security interests in the property sold.
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.
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. 97A.241 Reciprocity with other states in appointing officers.
Subdivision 1. Officers of other jurisdictions as special
conservation 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. Subd. 2. Officers of this state as officers
of other jurisdictions. 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. Subd. 3. Reciprocal effect. 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 gray 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.
97A.251 Obstruction of officers. Subdivision 1. Unlawful conduct. 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 firearms 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.
Subd. 2. Civil actions. 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.
97A.255 Prosecutions. Subdivision 1. Statute of limitations. A
prosecution under the game and fish laws may not be brought more than
three years after commission of the offense. Subd. 2.
Burden of proof. (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.
Subd. 3. Repealed, 1987 c 149 art 1 s 54 Subd. 4. Each
violation a separate offense. 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. Subd. 5.
Joint and several liability. 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 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.

97A.301 General penalty provisions. Subdivision 1. Misdemeanor.
Unless a different penalty is prescribed, a person is guilty of a
misdemeanor if that person: (1) takes, buys, sells, transports or
possesses a wild animal in violation of 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 of the game and fish laws; or (6) violates or attempts
to violate a rule under the game and fish laws. Subd. 2.
Gross misdemeanor. 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 one year.
97A.305 Impersonation of an 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.
97A.311 Licenses. Subdivision 1. Alteration of a license. A person
that alters a license in a material manner is guilty of a
misdemeanor. Subd. 2. False statement. 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. Subd. 3.
License agent violations. A license agent that knowingly issues a
license to an ineligible person or predates a license is guilty of a
misdemeanor. Subd. 4. License agent suspension. 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. Subd. 5. Refunds. (a) The
commissioner may issue a refund on a license, not including any
issuing fees paid under section 97A.485,
subdivision 6, if: (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; or (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. (b)
This subdivision does not apply to lifetime licenses.
97A.315 Trespass. Subdivision 1. Criminal penalties. (a) A person
that violates a provision of section 97B.001,
relating to trespass is guilty of a misdemeanor except as provided in
paragraph (b). (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. Subd. 2.
License revocations. (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.
97A.321 Dogs pursuing or killing big game. The owner of a dog that kills or
pursues a big game animal is guilty of a petty misdemeanor and is
subject to a civil penalty of up to $500 for each violation. 97A.325 Penalties for unlawfully buying or selling wild animals.
Subdivision 1. Gross misdemeanor for sales of $300 or more.
(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. Subd. 2.
Deer; bear; moose; elk; caribou. 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. Subd. 3. Small
game and game fish. 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. Subd. 4. Fur-bearing animals. 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. Subdivision 1. Hunting while under
the influence of alcohol or a controlled substance. 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. Subd. 2.Shining. A person that violates section 97B.081,
relating to the use of an artificial light to locate wild animals
while in possession of a firearm, bow, or other implement capable of
killing big game is guilty of a gross misdemeanor. Subd. 3.
Transporting illegal big game. A person that knowingly transports
big game taken in violation of the game and fish laws is guilty of a
gross misdemeanor. Subd. 4. Taking and possessing big game
out of season. A person that takes or illegally possesses big
game during the closed season is guilty of a gross misdemeanor.
Subd. 5. Moose; elk; caribou. 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.
Subd. 6. Pine marten; otter; fisher; wolverine. 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. Subd. 7. Gray wolf. A person who takes,
harasses, destroys, buys, sells, possesses, transports, or ships a
gray wolf in violation of the game and fish laws is guilty of a gross
misdemeanor.
97A.335 Penalties related to fishing. Subdivision 1. Taking fish with
illegal devices or substances. A person that takes fish with
devices, chemicals or substances in violation of section 97C.325,
is guilty of a gross misdemeanor. Subd. 2. Illegally taking
or possessing muskellunge. 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.
97A.338 Gross overlimits of wild animals; penalty. 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.
A violation under this section is a gross misdemeanor.
97A.341 Restitution for wild animals illegally taken. Subdivision 1.
Liability for restitution. A person who kills, injures, or
possesses a wild animal in violation of the game and fish laws 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, 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. Subd. 2. Arrest and charging
procedure. (a) An enforcement officer who arrests a person for
killing, injuring, or possessing a wild animal in violation of the
game and fish laws 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, 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. Subd. 3. Sentencing
procedure. 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, 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. Subd. 4. Amount of
restitution. 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.Subd. 5. Restitution credited to game and fish fund. The
court administrator shall forward restitution collected under this
section to the commissioner of finance and the commissioner shall
credit all money forwarded to the game and fish fund in the state
treasury.
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.
97A.401 Special permits. Subdivision 1. Commissioner's authority.
The commissioner may issue special permits for the activities in this
section. Subd. 2. Zoological specimen collecting.
Special permits may be issued without a fee to municipalities,
incorporated natural history societies, high schools, colleges, and
universities that maintain a zoological collection, to collect
specimens of eggs, nests, and wild animals for scientific or
exhibition purposes. Subd. 3. Taking, possessing, and
transporting wild animals for certain purposes. (a) Except as
provided in paragraph (b), special permits may be issued without a
fee to take, possess, and transport wild animals as pets and for
scientific, educational, rehabilitative, wildlife disease prevention
and control, and exhibition purposes. The commissioner shall
prescribe the conditions for taking, possessing, transporting, and
disposing of the wild animals. (b) A special permit may not be
issued to take or possess wild or native deer for exhibition,
propagation, or as pets. Subd. 4. Taking wild animals from
game refuges, wildlife management, and other areas. Special
permits may be issued, with or without a fee, to take a wild animal
from game refuges, wildlife management areas, state parks, controlled
hunting zones, and other areas of the state that the commissioner may
open for the taking of a wild animal during a special season or
subject to special restrictions. In addition, an application fee may
be charged for a special permit. Local units of government may
charge an administrative fee in connection with special hunts under
their jurisdiction. Fees to be collected shall be based upon the
estimated cost of conducting the special season or administering the
special restrictions. Subd. 5. Wild animals damaging
property. Special permits may be issued with or without a fee to
take protected wild animals that are damaging property or to remove
or destroy their dens, nests, houses, or dams. A special permit
issued under this subdivision to take beaver must state the number to
be taken. Subd. 6. Endangered muskrats. Special permits
may be issued with or without a fee to take muskrats in danger of
freezing out or starving in the winter. Subd. 7.
Raptors. The commissioner shall prescribe conditions and may
issue permits for persons to breed, propagate, and sell raptors. 97A.405 License requirements. Subdivision 1. Protected wild
animals. Unless allowed under the game and fish laws, a person
may not take, buy, sell, transport, or possess protected wild animals
of this state without a license. Subd. 2. Personal
possession. (a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal
possession either: (1) the proper license, if the license has been
issued to and received by the person; or (2) the proper license
identification number or stamp validation, if the license has been
sold to the person by electronic means but the actual license has not
been issued and received. (b) If possession of a license or a
license identification number is required, a person must exhibit, as
requested by a conservation officer or peace officer, either: (1) the
proper license if the license has been issued to and received by the
person; or (2) the proper license identification number or stamp
validation and a valid state driver's license, state identification
card, or other form of identification provided by the commissioner,
if the license has been sold to the person by electronic means but
the actual license has not been issued and received. (c) If the
actual license has been issued and received, a receipt for license
fees, a copy of a license, or evidence showing the issuance of a
license, including the license identification number or stamp
validation, does not entitle a licensee to exercise the rights or
privileges conferred by a license. (d) A license or stamp issued
electronically and not immediately provided to the licensee shall be
mailed to the licensee within 30 days of purchase of the license or
stamp validation, except for a pictorial turkey stamp or a pictorial
trout and salmon stamp. A pictorial turkey stamp or a pictorial
trout and salmon stamp shall be mailed to the licensee after purchase
of a license or stamp validation only if the licensee pays an
additional $2 fee. Subd. 3. Duplicate licenses. The
commissioner shall prescribe rules for issuing duplicate licenses to
persons whose licenses are lost or destroyed. A duplicate license
may not be issued unless the applicant takes an oath covering the
facts of loss or destruction of the license. Subd. 4.
Replacement licenses. (a) The commissioner may permit licensed
deer hunters to change zone, license, or season options. The
commissioner may issue a replacement license if the applicant submits
the original deer license and unused tags that are being replaced and
the applicant pays any increase in cost between the original and the
replacement license. When a person submits both an archery and a
firearms license for replacement, the commissioner may apply the
value of both licenses towards the replacement license fee. (b)
A replacement license may be issued only if the applicant has not
used any tag from the original license and meets the conditions of
paragraph (c). The original license and all unused tags for that
license must be submitted to the issuing agent at the time the
replacement license is issued. (c) A replacement license may be
issued under the following conditions, or as otherwise prescribed by
rule of the commissioner: (1) when the season for the license
being surrendered has not yet opened; or (2) when the person is
upgrading from a regular firearms or archery deer license to a deer
license that is valid in multiple zones. (d) Notwithstanding
section 97A.411,
subdivision 3, a replacement license is valid immediately upon
issuance if the license being surrendered is valid at that time.
Subd. 5. Resident licenses. To obtain a resident license, a
resident 21 years of age or older must: (1) possess a current
Minnesota driver's license; (2) possess a current identification
card issued by the commissioner of public safety; or (3) present
evidence showing proof of residency in cases when clause (1) or (2)
would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.
97A.411 Validity of licenses. Subdivision 1. License period. (a) Except
as provided in paragraphs (b), (c), and (d), a license is valid
during the lawful time within the license year that the licensed
activity may be performed. A license year begins on the first day of
March and ends on the last day of February. (b) A license issued
under section 97A.475,
subdivision 6, clause (5), 97A.475,
subdivision 7, clause (2), (3), (5), or (6), or 97A.475,
subdivision 12, clause (2), 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) When the last day of February falls on a Saturday,
an annual resident or nonresident fish house or dark house license,
including a rental fish house or dark house license, obtained for the
license year covering the last day of February, is valid through
Sunday, March 1 and the angling license of the fish house licensee is
extended through March 1. (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.Subd. 2. Signature on stamps. A migratory waterfowl or
pheasant stamp issued under the game and fish laws must be signed by
the licensee across the front of the stamp to be valid. Subd. 3.Deer license. (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 until the second
day after it is issued. (b) The commissioner may issue a license
to take additional deer under section 97B.301,
subdivision 4, that is valid immediately upon issuance. (c)
Paragraph (a) does not apply to deer licenses for discharged military
personnel under section 97A.465,
subdivision 4.
97A.415 License restrictions. Subdivision 1. One license per
person. 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. Subd. 2. Transfer prohibited. 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. Subd. 3.
Nonresidents. Nonresidents may not obtain a license for an
activity unless the activity is expressly authorized for
nonresidents.
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.
97A.420 Seizure of licenses. Subdivision 1. Seizure. (a) An
enforcement officer shall immediately seize the license of a person
who unlawfully takes, transports, or possesses wild animals when the
restitution value of the wild animals exceeds $500. Except as
provided in subdivisions 2, 4, and 5, the person may not obtain any
license to take the same type of wild animals involved, including a
duplicate license, until an action is taken under subdivision 6.
(b) In addition to the license seizure under paragraph (a), if the
restitution value of the wild animals unlawfully taken, possessed, or
transported is $5,000 or more, all other game and fish licenses held
by the person shall be immediately seized. Except as provided in
subdivision 2, 4, or 5, the person may not obtain any game or fish
license or permit, including a duplicate license, until an action is
taken under subdivision 6. (c) A person may not take wild
animals covered by a license seized under this subdivision until an
action is taken under subdivision 6. Subd. 2.
Administrative review. (a) At any time after the seizure of a
license under subdivision 1 and before revocation under section 97A.421,
a person may request in writing a review of the seizure under this
section. Upon receiving the request for review, the commissioner
shall review the seizure, the evidence upon which it was based, and
other material information brought to the attention of the
commissioner, and determine whether sufficient cause exists to
sustain the seizure. (b) Within 15 days after receiving the
request for administrative review, the commissioner shall issue a
written report of the review and shall order that the seizure be
either sustained or rescinded. (c) The review provided in this
subdivision is not subject to the contested case provisions of the
Administrative Procedure Act under chapter 14. The availability of
administrative review does not preclude judicial review under this
section. Subd. 3. Judicial review. (a) Within 30 days
following the seizure of a license under subdivision 1, a person may
petition the court for review. The petition must be filed with the
district court administrator in the county where the incident
occurred, together with proof of service of a copy on the
commissioner and the county attorney. A responsive pleading is not
required of the commissioner of natural resources and court fees may
not be charged for the appearance of the representative of the
commissioner in the matter. (b) The petition must be captioned
in the name of the person making the petition as petitioner and the
commissioner as respondent. The petition must state specifically the
grounds upon which the petitioner seeks rescission of the license
seizure. (c) The filing of the petition does not stay the
license seizure. The judicial review shall be conducted according to
the Rules of Civil Procedure. Subd. 4. Hearing. (a) A
hearing under subdivision 3 must be before a district court judge in
the county where the incident occurred giving rise to the license
seizure. The hearing must be to the court and may be conducted at
the same time as hearings upon pretrial motions in a related criminal
prosecution. The commissioner must be represented by the county
attorney. (b) The hearing must be held at the earliest
practicable date and in any event no later than 60 days following the
filing of the petition for review. (c) The scope of the hearing
must be limited to the issue of whether there is probable cause to
believe that the person had unlawfully taken, possessed, or
transported wild animals with a restitution value over $500. (d)
The court shall order that the license seizure be either sustained or
rescinded. Within 14 days following the hearing, the court shall
forward a copy of the order to the commissioner. (e) Any party
aggrieved by the decision of the reviewing court may appeal the
decision as provided in the Rules of Civil Appellate Procedure.
Subd. 5. Temporary release of commercial licenses. At any
time during the period that a game or fish license is seized under
subdivision 1, a person possessing a commercial license issued under
the game and fish laws may make a written request to the commissioner
to temporarily release the commercial license. If the commissioner
determines that the public welfare will not be injured, the
commissioner may temporarily reinstate the commercial license upon
payment of a temporary reinstatement fee of $1,000 cash or bond in
favor of the state for each commercial license to be released. An
additional fee is not required for vehicles licensed under section 97A.475,
subdivision 26, clause (2) or (4). If the license is returned under
subdivision 6, paragraph (a), the temporary reinstatement fee shall
be returned to the licensee. If the license is revoked under
subdivision 6, paragraph (b), the temporary reinstatement fee shall
be deposited in the game and fish fund and is not refundable.
Subd. 6. Return or revocation of licenses upon dismissal or
conviction. (a) Upon acquittal, dismissal, or determination not
to charge a person for a violation, the license seizure under
subdivision 1 is immediately rescinded and any license seized in
connection with the incident must be returned to the licensee.
(b) Upon conviction of a violation when the restitution value of the
wild animals exceeds $500, revocation of licenses and license
privileges must be imposed as provided under section 97A.421,
subdivision 2a.
97A.421 Validity and issuance of licenses after conviction. Subdivision
1. General. (a) The annual license of a person convicted of
a violation of the game and fish laws relating to the license or wild
animals covered by the license is void when: (1) a second
conviction occurs within three years under a license to take small
game or to take fish by angling or spearing; (2) a third
conviction occurs within one year under a minnow dealer's license;(3) a second conviction occurs within three years for violations
of section 97A.425
that do not involve falsifications or intentional omissions of
information required to be recorded, or attempts to conceal unlawful
acts within the records; (4) two or more misdemeanor convictions
occur within a three-year period under a private fish hatchery
license; (5) the conviction occurs under a license not described
in clause (1), (2), or (4) or is for a violation of section 97A.425
not described in clause (3); or (6) the conviction is related to
assisting a person in the illegal taking, transportation, or
possession of wild animals, when acting as a hunting or angling
guide. (b) Except for big game licenses and as otherwise
provided in this section, for one year after the conviction the
person may not obtain the kind of license or take wild animals under
a lifetime license, issued under section 97A.473
or 97A.474,
relating to the game and fish law violation. Subd. 2.
Issuance of license after conviction for buying and selling wild
animals. A person may not obtain a license to take any wild
animal or take wild animals under a lifetime license, issued under
section 97A.473
or 97A.474,
for a period of three years after being convicted of buying or
selling game fish, big game, or small game, and the total amount of
the sale is $300 or more. Subd. 2a. License revocation
after conviction. (a) A person may not obtain a license to take a
wild animal and is prohibited from taking wild animals for a period
of five years after the date of conviction of: (1) a violation
when the restitution value of the wild animals is $5,000 or more; or(2) a violation when the restitution value of the wild animals
exceeds $500 and the violation occurs within ten years of one or more
previous license revocations under this subdivision. (b) A
person may not obtain a license to take the type of wild animals
involved in a violation when the restitution value of the wild
animals exceeds $500 and is prohibited from taking the type of wild
animals involved in the violation for a period of three years after
the date of conviction of a violation. (c) The time period of
multiple revocations under paragraph (a), clause (2), shall be
consecutive and no wild animals of any kind may be taken during the
entire period. (d) The court may not stay or reduce the
imposition of license revocation provisions under this subdivision.Subd. 3. Issuance of a big game license after
conviction. A person may not obtain any big game license or take
big game under a lifetime license, issued under section 97A.473,
for three years after the person is convicted of: (1) a gross
misdemeanor violation under the game and fish laws relating to big
game; (2) doing an act without a required big game license; or(3) the second violation within three years under the game and
fish laws relating to big game. Subd. 4. Issuance after
intoxication or narcotics conviction. A person convicted of a
violation under section 97B.065,
relating to hunting while intoxicated or using narcotics, may not
obtain a license to hunt with a firearm or by archery or hunt with a
firearm or by archery under a lifetime license, issued under section
97A.473
or 97A.474,
for five years after conviction. Subd. 4a. Suspension for
failure to appear in court or pay a fine or surcharge. When a
court reports to the commissioner that a person (1) has failed to
appear in court under the summons issued for a violation of the game
and fish laws or (2) has been convicted of violating a provision of
the game and fish laws, has been sentenced to the payment of a fine
or had a surcharge levied against them, and refused or failed to
comply with that sentence or to pay the fine or surcharge, the
commissioner shall suspend the game and fish license and permit
privileges of the person until notified by the court that the person
has appeared in court under clause (1) or that any fine or surcharge
due the court has been paid under clause (2). Subd. 5.
Commissioner may reinstate certain licenses after conviction. If
the commissioner determines that the public welfare will not be
injured, the commissioner may reinstate licenses voided under
subdivision 1 and issue licenses to persons ineligible under
subdivision 2 or 2a. The commissioner's authority applies only to
licenses to: (1) maintain and operate fur or game farms, aquatic
farms, or private fish hatcheries; (2) take fish by commercial
netting; (3) buy fish from commercial netting licensees; and
(4) sell or export turtles or live minnows. Subd. 6.
Applicability to moose or elk licenses. In this section the term
"license" includes an application for a license to take either moose
or elk.
97A.425 Record and reporting requirements for dealers, tanners, and taxidermists. Subdivision 1. License and record
requirements. (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. Subd. 2. Records. (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.
Subd. 3. Reports. 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 by the commissioner. Subd. 4.Rules. The commissioner may adopt rules, not inconsistent
with subdivisions 1 to 3, governing record keeping, reporting, and
marking of specimens by taxidermists.
97A.431 Moose licenses. Subdivision 1. Number of licenses; party
size. 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.Subd. 2. Eligibility. 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; (2) is at least age 16 before the season
opens; and (3) has not been issued a moose license for any of the
last five seasons or after January 1, 1991. Subd. 3.
Application for license. An application for a moose license must
be on a form provided by the commissioner and accompanied by a $3
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.Subd. 4. Separate selection; eligibility. (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.
97A.433 Elk licenses. Subdivision 1. Number of licenses; party size. 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. Subd.
2. Eligibility. 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; (2) is at least age 16 before the season opens; and
(3) has never been issued an elk license. Subd. 3.
Application for license. An application for an elk license must
be on a form provided by the commissioner and accompanied by a $10
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.Subd. 4. Separate selection; eligibility. (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 must allow
public elk hunting on their land during the elk season for which the
license is valid. (b) The commissioner may by rule establish
criteria for determining eligible family members under this
subdivision.
97A.434 Prairie chicken licenses. Subdivision 1. Number of licenses to
be issued. If the commissioner establishes an open season for
prairie chickens under section 97B.711,
the commissioner shall also determine, by rule, the number of
licenses to be issued. Subd. 2. Eligibility.
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: (1) is
a resident; and (2) was born before January 1, 1980, or possesses
a firearms safety certificate. Subd. 3. Application for
license. 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. Subd. 4. Separate selection of eligible
licensees. (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.
97A.435 Turkey licenses; application and eligibility. Subdivision 1.
Number of licenses to be issued. The commissioner shall include
in a rule setting the dates for a turkey season the number of
licenses to be issued. Subd. 2. Eligibility. Persons
eligible for a turkey license shall be determined by this section and
commissioner's rule. A person is eligible for a turkey license only
if the person is at least age 16 before the season opens, possesses a
firearms safety certificate, or, if under age 12, is accompanied by a
parent or guardian. Subd. 3. Application for license.
An application for a turkey license must be on a form provided by the
commissioner and accompanied by a $3 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. Subd. 4. Separate selection of eligible
licensees. (a) The commissioner may conduct a separate selection
for up to 20 percent of the turkey licenses to be issued for any
area. Only persons who are owners or tenants of and who live on at
least 40 acres of land in the area, and their family members, are
eligible applicants for turkey licenses for the separate selection.
The qualifying land 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 turkey hunting on their
land during that turkey season. A license issued under this
subdivision is restricted to the permit area where the qualifying
land is located. (b) The commissioner may by rule establish
criteria for determining eligible family members under this
subdivision. Subd. 5. Spring season. (a) A person who
has not applied for a turkey license through the lottery or applied
for a license and was unsuccessful in the lottery, may purchase a
turkey hunting license to hunt by archery for the spring turkey
season during a combined seventh and eighth time period. A turkey
hunting license under this subdivision is separate from the normal
lottery process and is effective for hunting only in a wild turkey
permit area in the state where 50 or more licenses are issued during
an established time period. (b) Turkey lottery preference points
shall not be reduced for a person purchasing a license under this
subdivision. (c) A person may take only one bearded turkey in a
spring turkey season regardless of whether the hunter purchased a
license through the lottery system or as provided in this
subdivision.
97A.438 Release of wild turkeys; permit required. A person may not release a
wild turkey or wild turkey hybrid without a permit from the
commissioner.
97A.441 Licenses to be issued without a fee. Subdivision 1. Angling and
spearing; disabled residents. Licenses to take fish by angling or
spearing shall be issued without a fee to a resident who is: (1)
blind; (2) a recipient of supplemental security income for the
aged, blind, and disabled; (3) a recipient of Social Security aid
to the disabled under United States Code, title 42, section 416,
paragraph (i)(l) or section 423(d); (4) a recipient of workers'
compensation based on a finding of total and permanent disability; or(5) 65 years of age or older and was qualified under clause (2)
or (3) at the age of 64. Subd. 2. Angling; foreign exchange
students. A license to take fish by angling shall be issued
without a fee to a citizen of a foreign country that is attending
school in this state as an exchange student. Subd. 3.
Angling; residents of state institutions. The commissioner may
issue a license, without a fee, to take fish by angling to a person
that is a ward of the commissioner of human services and a resident
of a state institution upon application by the commissioner of human
services. Subd. 4. Angling; mentally retarded
residents. A person authorized to issue licenses must issue,
without a fee, a permanent license to take fish by angling to a
resident at least 16 years old that is mentally retarded upon being
furnished satisfactory evidence of the disability. Subd. 5.
Angling; disabled veterans. A person authorized to issue licenses
must issue, without a fee, a permanent license to take fish by
angling to a resident who is a veteran, as defined in section 197.447,
and that has a 100 percent service connected disability as defined by
the United States Veterans Administration upon being furnished
satisfactory evidence. Subd. 6. Taking deer; disabled
veterans. A person authorized to issue licenses must issue,
without a fee, a license to take deer with firearms or by archery to
a resident that is a veteran, as defined in section 197.447,
and that has a 100 percent service connected disability as defined by
the United States Veterans Administration upon being furnished
satisfactory evidence. Subd. 6a. Taking small game;
disabled veterans. A person authorized to issue licenses must
issue, without a fee, a license to take small game to a resident who
is a veteran, as defined in section 197.447,
and who has a 100 percent service connected disability as defined by
the United States Veterans Administration upon being furnished
satisfactory evidence. Subd. 7. Owners or tenants of
agricultural land. (a) The commissioner may issue, without a fee,
a license to take an antlerless deer to a person who is an owner or
tenant and is living and actively farming on at least 80 acres of
agricultural land, as defined in section 97B.001,
in deer permit areas that have deer archery licenses to take
additional deer under section 97B.301,
subdivision 4. A person may receive only one license per year under
this subdivision. For properties with co-owners or cotenants, only
one co-owner or cotenant may receive a license under this subdivision
per year. The license issued under this subdivision is restricted to
land leased for agricultural purposes or owned by the holder of the
license within the permit area where the qualifying land is located.
The holder of the license may transfer the license to the holder's
spouse or dependent. Notwithstanding sections 97A.415,
subdivision 1, and 97B.301,
subdivision 2, the holder of the license may purchase an additional
license for taking deer and may take an additional deer under that
license. (b) A person who obtains a license under paragraph (a)
must allow public deer hunting on their land during that deer hunting
season, with the exception of the first Saturday and Sunday during
the deer hunting season applicable to the license issued under
section 97A.475,
subdivision 2, clauses (4) and (13). Subd. 8. Duplicate
licenses. There is no fee for a duplicate license if the original
license was issued without a fee. Subd. 9. Angling
assistance to disabled residents. An individual who is providing
angling assistance to a disabled resident licensed under subdivision
1, 4, or 5, is not required to possess a license to take fish by
angling provided that no lines in addition to those permitted for an
individual under section 97C.315
are in the water. Subd. 10. Taking wild animals for
wildlife disease prevention and control. The commissioner may
issue, without a fee, licenses to take wild animals for the purposes
of wildlife disease prevention and control.
97A.445 Exemptions from license requirement. Subdivision 1. Angling; Take
a Kid Fishing Weekend. A resident over age 18 may take fish by
angling without a license during one three-day consecutive period of
the angling season designated by rule of the commissioner if
accompanied by a child who is under age 16. The commissioner shall
publicize the three-day period as "Take a Kid Fishing Weekend."
Subd. 2. Angling; institutional residents. A license is not
required to take fish by angling with the written consent of the
superintendent or chief executive of the institution for the
following persons: (1) a resident of a state hospital; (2) a
patient of a United States Veterans Administration hospital; (3)
an inmate of a state correctional facility; (4) a resident of a
licensed nursing or boarding care home, a person who is enrolled in
and regularly participates in an adult day care program or other
similar organized activity sponsored by a licensed nursing or
boarding care home, or a resident of a licensed board and lodging
facility; and (5) a resident of a drug or alcohol residential
treatment program under the age of 20. Subd. 3. Angling and
spearing; disabled railroad and postal retirees. A license is not
required to take fish by angling or spearing for a resident that is:(1) receiving aid under the federal Railroad Retirement Act of
1937, United States Code, title 45, section 228b(a)5; or (2) a
former employee of the United States Postal Service receiving
disability pay under United States Code, title 5, section 8337.
Subd. 4. Angling; Take a Mom Fishing Weekend. Any mother who
is a resident of Minnesota may take fish by angling without a license
during the Saturday and Sunday of the angling season that coincides
with Mother's Day. The commissioner shall publicize the Saturday and
Sunday as "Take a Mom Fishing Weekend." Subd. 5. Small game
hunting; Take a Kid Hunting Weekend. A resident over age 18 may
take small game by hunting without a license during one Saturday and
Sunday of the small game hunting season designated by rule of the
commissioner if accompanied by a child who is under age 16. The
commissioner shall publicize the Saturday and Sunday as "Take a Kid
Hunting Weekend."
97A.451 License requirements and exemptions relating to age.
Subdivision 1. Repealed, 1988 c 437 s 6 Subd. 2. Residents
under age 16; fishing. A resident under the age of 16 years may
take fish without a license. Subd. 3. Residents under age
16; small game. (a) A resident under age 16 may not obtain a
small game license but may take small game by firearms or bow and
arrow without a license if the resident is: (1) age 14 or 15 and
possesses a firearms safety certificate; (2) age 13, possesses a
firearms safety certificate, and is accompanied by a parent or
guardian; or (3) age 12 or under and is accompanied by a parent
or guardian. (b) A resident under age 16 may take small game by
trapping without a small game license, but a resident 13 years of age
or older must have a trapping license. A resident under age 13 may
trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any
fisher, otter, bobcat, or pine marten taken by a resident under age
five must be included in the limit of the accompanying parent or
guardian. (c) A resident under age 12 may apply for a turkey
license and may take a turkey without a firearms safety certificate
if the resident is accompanied by an adult parent or guardian who has
a firearms safety certificate. Subd. 3a. Nonresidents under
age 16; small game. (a) A nonresident under age 16 may obtain a
small game license at the resident fee if the nonresident: (1)
possesses a firearms safety certificate; or (2) if age 13 or
under, is accompanied by a parent or guardian when purchasing the
license. (b) A nonresident age 13 or under must be accompanied
by a parent or guardian to take small game. A nonresident age 12 or
under is not required to possess a firearms safety certificate under
section 97B.020
to take small game. Subd. 4. Persons under age 16; big
game. A person under the age of 16 may not obtain a license to
take big game unless the person possesses a firearms safety
certificate. A person under the age of 14 must be accompanied by a
parent or guardian to hunt big game. Subd. 5. Nonresidents
under age 16. (a) A nonresident under the age of 16 may take fish
by angling without a license if a parent or guardian has a fishing
license. Fish taken by a nonresident under the age of 16 without a
license must be included in the limit of the parent or guardian.
(b) A nonresident under age 16 may purchase a fishing license at the
resident fee or be included under a nonresident family license, take
fish by angling, and possess a limit of fish. Subd. 6.
Nonresidents under age 16 attending camps; fishing. A nonresident
under the age of 16 that is attending a camp conducted by a nonprofit
organization may take fish by angling in adjacent and connected
public waters without a license. The organization must have a
certificate from the commissioner that describes the public waters
where the fishing is allowed. The nonresident must possess a
document, prescribed by the commissioner, for identification of the
nonresident and the authorized fishing waters. The document must be
signed and dated within the current calendar year by the person in
charge of the camp. Subd. 7. Residents over age 65;
spearing. A resident age 65 or over may take fish by spearing
without a spearing license if the resident has an angling license.

97A.455 Nonresident students; fishing, small game, and big game. (a) A
nonresident that is a full-time student at an educational institution
in the state and resides in the state during the school year may
obtain a resident license to take fish, small game, or big game,
except moose, by providing proof of student status and residence as
prescribed by the commissioner. (b) A nonresident that is a
full-time foreign exchange student at a high school in the state and
resides with persons in the state may obtain a resident license to
take big game, except moose, by providing proof of foreign exchange
student status as prescribed by the commissioner.
97A.461 Nonresident licenses for boundary water hunting or fishing.
Licenses to take fish or small game in or on boundary waters may be
granted to nonresidents upon the same terms and conditions as
licenses granted by the adjacent state or province to nonresidents of
the adjacent state or province for those boundary waters. The fees
for a license granted by this state may not be less than the fees for
a corresponding resident license.
97A.465 Military personnel; fishing and hunting. Subdivision 1.
Residents on leave. A resident that is in the armed forces of the
United States, stationed outside of the state, and in the state on
leave, may hunt and fish without a license if the resident possesses
official military leave papers. The resident must obtain the seals,
tags, and coupons required of a licensee, which must be furnished
without charge. This subdivision does not apply to the taking of
moose or elk. Subd. 2. Camp Ripley personnel. A
nonresident who is in the military and in training at Camp Ripley may
obtain a resident license to take fish. Subd. 3.
Nonresidents stationed in the state. The commissioner may issue a
resident license to take fish or game to a person in the armed forces
of the United States that is stationed in the state. This
subdivision does not apply to the taking of moose or elk. Subd.
4. Discharged resident; obtaining deer license during
season. A resident who is discharged from the United States armed
forces during, or within ten days before, the firearms deer season
may, upon showing the official discharge paper, obtain a firearm deer
license during the season that is valid immediately upon issuance.Subd. 5. Preference to service members. (a) For purposes
of this subdivision: (1) "qualified service member or veteran"
means a Minnesota resident who is currently serving, or has served at
any time during the past 24 months, in active service as a member of
the United States armed forces, including the National Guard or other
military reserves; and (2) "active service" means service defined
under section 190.05,
subdivision 5b or 5c. (b) Notwithstanding any other provision of
this chapter, chapter 97B or 97C, or administrative rules, the
commissioner may give first preference to qualified service members
or veterans in any drawing or lottery involving the selection of
applicants for hunting or fishing licenses, permits, and special
permits. This subdivision does not apply to licenses or permits for
taking moose, elk, or prairie chickens. Actions of the commissioner
under this subdivision are not rules under the Administrative
Procedure Act and section 14.386
does not apply.
97A.471 Nonresident courtesy licenses. Subdivision 1. Game and fish
officers of other jurisdictions. The commissioner may issue a
courtesy nonresident license to take game or fish without charge to a
game and fish or conservation employee of another state or of the
United States that is in the state to assist or cooperate with the
commissioner. Subd. 2. Guests of the governor or
commissioner. The commissioner may issue a nonresident courtesy
license to take game or fish without charge to an official of another
state, the United States, or foreign country and to a representative
of a conservation organization or publication that is in the state as
a guest of the governor or commissioner. Subd. 3.
Nonapplicability to moose or elk hunting. This section does not
apply to taking moose or elk.
97A.472 Place of sale of nonresident licenses; restriction. The
commissioner shall not sell or issue in any place outside this state
a nonresident license to take fish in this state.
97A.473 Resident lifetime licenses. Subdivision 1. Resident lifetime
licenses authorized. (a) The commissioner may issue a lifetime
angling license, a lifetime small game hunting license, a lifetime
firearm or archery deer hunting license, or a lifetime sporting
license to a person who is a resident of the state for at least one
year or who is under age 21 and the child of a person who is a
resident of the state for at least one year. The license fees paid
for a lifetime license are nonrefundable. (b) The commissioner
may require the holder of a lifetime license issued under this
section to notify the department each year that the license is used,
by: (1) telephone or Internet notification, as specified by the
commissioner; (2) the purchase of stamps for the license; or
(3) registration and tag issuance, in the case of the resident
lifetime deer license. Subd. 2. Lifetime angling license;
fee. (a) A resident lifetime angling license authorizes a person
to take fish by angling in the state. The license authorizes those
activities authorized by the annual resident angling license. The
license does not include a trout and salmon stamp validation or other
stamps required by law. (b) The fees for a resident lifetime
angling license are: (1) age 3 and under, $227; (2) age 4 to
age 15, $300; (3) age 16 to age 50, $383; and (4) age 51 and
over, $203. Subd. 3. Lifetime small game hunting license;
fee. (a) A resident lifetime small game hunting license
authorizes a person to hunt small game in the state. The license
authorizes those hunting activities authorized by the annual resident
small game hunting license. The license does not include a turkey
stamp validation or any other hunting stamps required by law.
(b) The fees for a resident lifetime small game hunting license are:(1) age 3 and under, $217; (2) age 4 to age 15, $290; (3)
age 16 to age 50, $363; and (4) age 51 and over, $213. Subd.
4. Lifetime deer hunting license; fee. (a) A resident
lifetime deer hunting license authorizes a person to take deer with
firearms or by archery in the state. The license authorizes those
activities authorized by the annual resident firearm deer hunting
license or the annual resident archery deer hunting license. The
licensee must register and receive tags each year that the license is
used. The tags shall be issued at no charge to the licensee.
(b) The fees for a resident lifetime firearm or archery deer hunting
license are: (1) age 3 and under, $337; (2) age 4 to age 15,
$450; (3) age 16 to age 50, $573; and (4) age 51 and over,
$383. Subd. 5. Lifetime sporting license; fee. (a) A
resident lifetime sporting license authorizes a person to take fish
by angling and hunt small game in the state. The license authorizes
those activities authorized by the annual resident angling and
resident small game hunting licenses. The license does not include a
trout and salmon stamp validation, a turkey stamp validation, or any
other hunting stamps required by law. (b) The fees for a
resident lifetime sporting license are: (1) age 3 and under,
$357; (2) age 4 to age 15, $480; (3) age 16 to age 50, $613;
and (4) age 51 and over, $413.
97A.474 Nonresident lifetime licenses. Subdivision 1. Nonresident lifetime
licenses authorized. (a) The commissioner may issue a lifetime
angling license or a lifetime small game hunting license to a
nonresident. The license fees paid for a lifetime license are
nonrefundable. (b) The commissioner may require the holder of a
lifetime license issued under this section to notify the department
each year that the license is used, by: (1) telephone or Internet
notification, as specified by the commissioner; or (2) the
purchase of stamps for the license. Subd. 2. Nonresident
lifetime angling license; fee. (a) A nonresident lifetime angling
license authorizes a person to take fish by angling in the state.
The license authorizes those activities authorized by the annual
nonresident angling license. The license does not include a trout
and salmon stamp validation or other stamps required by law. (b)
The fees for a nonresident lifetime angling license are: (1) age
3 and under, $447; (2) age 4 to age 15, $600; (3) age 16 to
age 50, $773; and (4) age 51 and over, $513. Subd. 3.
Nonresident lifetime small game hunting license; fee. (a) A
nonresident lifetime small game hunting license authorizes a person
to hunt small game in the state. The license authorizes those
hunting activities authorized by the annual nonresident small game
hunting license. The license does not include a turkey stamp
validation or any other hunting stamps required by law. (b) The
fees for a nonresident lifetime small game hunting license are:
(1) age 3 and under, $947; (2) age 4 to age 15, $1,280; (3)
age 16 to age 50, $1,633; and (4) age 51 and over, $1,083. 97A.4742 Lifetime fish and wildlife trust fund. Subdivision 1.
Establishment; purpose. The lifetime fish and wildlife trust fund
is established as a fund in the state treasury. All money received
from the issuance of lifetime angling, small game hunting, deer
hunting, and sporting licenses and earnings on the fund shall be
credited to the lifetime fish and wildlife trust fund. Subd. 2.Investment of fund; use of income from fund. Money in the
lifetime fish and wildlife trust fund shall be invested by the State
Investment Board to secure the maximum return consistent with the
maintenance of the perpetuity of the fund. The income received and
accruing from investments of the fund shall be deposited in the
lifetime fish and wildlife trust fund. Each year the commissioner of
finance shall transfer from the lifetime fish and wildlife trust fund
to the game and fish fund an amount equal to the amount that would
otherwise have been collected from annual license fees for each
lifetime license. Surcharge amounts shall be transferred based on
sections 97A.071,
subdivision 2, and 97A.075,
subdivision 1. Subd. 3. Lifetime license fees. By
October 15 of each even-numbered year, the commissioner shall report
on the adequacy of lifetime license fees and make specific requests
for fee adjustments for the lifetime licenses to the legislative
committees with jurisdiction over environment and natural resources
finance and the commissioner of finance. The commissioner of finance
shall review the fee report and make recommendations to the governor
and legislature for each fee category under sections 97A.473
and 97A.474,
as part of the biennial budget, under sections 16A.10
and 16A.11.Subd. 4. Annual report. By December 15 each year, the
commissioner shall submit a report to the legislative committees
having jurisdiction over environment and natural resources
appropriations and environment and natural resources policy. The
report shall state the amount of revenue received in and expenditures
made from revenue transferred from the lifetime fish and wildlife
trust fund to the game and fish fund. The report may be included in
the game and fish fund report required by section 97A.055,
subdivision 4. The commissioner shall make the annual report
available to the public.
97A.475 License fees. Subdivision 1. Requirements for issuance. A license
shall be issued when the requirements of the law are met and the
license fee specified in this section is paid. Subd. 2.
Resident hunting. Fees for the following licenses, to be issued
to residents only, are: (1) for persons age 18 or over and under
age 65 to take small game, $12.50; (2) for persons ages 16 and 17
and age 65 or over, $6 to take small game; (3) to take turkey,
$18; (4) for persons age 18 or over to take deer with firearms,
$26; (5) for persons age 18 or over to take deer by archery, $26;(6) to take moose, for a party of not more than six persons,
$310; (7) to take bear, $38; (8) to take elk, for a party of
not more than two persons, $250; (9) to take antlered deer in
more than one zone, $52; (10) to take Canada geese during a
special season, $4; (11) to take two deer throughout the state in
any open deer season, except as restricted under section 97B.305,
$78; (12) to take prairie chickens, $20; (13) for persons at
least age 12 and under age 18 to take deer with firearms, $13; and(14) for persons at least age 12 and under age 18 to take deer by
archery, $13. Subd. 3. Nonresident hunting. Fees for
the following licenses, to be issued to nonresidents, are: (1) to
take small game, $73; (2) to take deer with firearms, $135;
(3) to take deer by archery, the greater of: (i) an amount equal
to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or
province of residence; or (ii) $135; (4) to take bear, $195;(5) to take turkey, $73; (6) to take raccoon, bobcat, fox, or
coyote, $155; (7) to take antlered deer in more than one zone,
$270; and (8) to take Canada geese during a special season, $4.Subd. 4. Small game surcharge. Fees for annual licenses
to take small game must be increased by a surcharge of $6.50. An
additional commission may not be assessed on the surcharge and the
following statement must be included in the annual small game hunting
regulations: "This $6.50 surcharge is being paid by hunters for the
acquisition and development of wildlife lands." Subd. 5.
Hunting stamps. Fees for the following stamps and stamp
validations are: (1) migratory waterfowl stamp, $7.50; (2)
pheasant stamp, $7.50; and (3) turkey stamp validation, $5.
Subd. 6. Resident fishing. Fees for the following licenses,
to be issued to residents only, are: (1) to take fish by angling,
$17; (2) to take fish by angling, for a combined license for a
married couple, $25; (3) to take fish by spearing from a dark
house, $17; and (4) to take fish by angling for a 24-hour period
selected by the licensee, $8.50. Subd. 7. Nonresident
fishing. Fees for the following licenses, to be issued to
nonresidents, are: (1) to take fish by angling, $34; (2) to
take fish by angling limited to seven consecutive days selected by
the licensee, $24; (3) to take fish by angling for a 72-hour
period selected by the licensee, $20; (4) to take fish by angling
for a combined license for a family for one or both parents and
dependent children under the age of 16, $46; (5) to take fish by
angling for a 24-hour period selected by the licensee, $8.50; and
(6) to take fish by angling for a combined license for a married
couple, limited to 14 consecutive days selected by one of the
licensees, $35. Subd. 8. Minnesota sporting. The
commissioner shall issue Minnesota sporting licenses to residents
only. The licensee may take fish by angling and small game. The fee
for the license is: (1) for an individual, $23; and (2) for a
combined license for a married couple to take fish and for one spouse
to take small game, $32. Subd. 9. Repealed, 1994 c 561 s 28
Subd. 10. Trout and salmon stamp validation. The fee for a
trout and salmon stamp validation is $10. Subd. 11. Fish
houses and dark houses; residents. Fees for the following
licenses are: (1) for a fish house or dark house that is not
rented, $11.50; and (2) for a fish house or dark house that is
rented, $26. Subd. 12. Fish houses; nonresident. Fees
for fish house licenses for a nonresident are: (1) annual, $33;
and (2) seven consecutive days, $19. Subd. 13. Netting
whitefish and ciscoes for personal consumption. The fee for a
license to net whitefish and ciscoes in inland lakes and
international waters for personal consumption is, for each net, $10.Subd. 14. Repealed by amendment, 1997 c 216 s 83 Subd. 15.Fishing guides. The fee for a license to operate a charter
boat and guide anglers on Lake Superior or the St. Louis River
Estuary is: (1) for a resident, $125; (2) for a nonresident,
$400; or (3) if another state charges a Minnesota resident a fee
greater than $440 for a Lake Superior or St. Louis River Estuary
fishing guide license in that state, the nonresident fee for a
resident of that state is that greater fee. Subd. 16.
Resident hunting guides. The fee for a resident license to guide
bear hunters is $82.50. Subd. 17. Repealed, 1994 c 623 art 1 s
47 Subd. 18. Shooting preserves. The fee for a shooting
preserve license is: (1) for a private shooting preserve, $100;
and (2) for a commercial shooting preserve, $500. Subd. 19.Taxidermists. The fee for a taxidermist license, to be issued
for a three-year period to residents only, is: (1) for persons
age 18 and older, $44; and (2) for persons under age 18, $27.50.Subd. 20. Trapping license. The fee for a license to
trap fur-bearing animals is: (1) for residents over age 13 and
under age 18, $6; (2) for residents age 18 and older, $20; and(3) for nonresidents, $73. Subd. 21. Fur buying and
selling; residents. (a) The fee for a license for a resident to
buy and sell raw furs is $110. (b) The fee for a supplemental
license to buy and sell furs is $55. Subd. 22. Fur buying
and selling; nonresidents. The fee for a license for a
nonresident to buy and sell raw furs is $500. Subd. 23. Raw
fur tanning. The fee for a license to tan and dress raw furs to
be issued to residents and nonresidents is $16.50. Subd. 24.Game and fur farms. The fee for a game and fur farm license
is $16.50. Subd. 25. Muskrat farms. The fee for a
muskrat farm license is $11. Subd. 26. Minnow dealers.
The fees for the following licenses are: (1) minnow dealer, $310;(2) minnow dealer's vehicle, $15; (3) exporting minnow dealer
for residents and nonresidents, $700; and (4) exporting minnow
dealer's vehicle for residents and nonresidents, $15. Subd. 27.Minnow retailers. The fees for the following licenses, to be
issued to residents and nonresidents, are: (1) minnow retailer,
$47; and (2) minnow retailer's vehicle, $15. Subd. 28.
Repealed, 2004 c 255 s 51 Subd. 29. Private fish
hatcheries. The fees for the following licenses to be issued to
residents and nonresidents are: (1) for a private fish hatchery,
with annual sales under $200, $70; (2) for a private fish
hatchery, with annual sales of $200 or more, $210; and (3) to
take sucker eggs from public waters for a private fish hatchery,
$400, plus $6 for each quart in excess of 100 quarts. Subd. 29a.
Repealed, 1992 c 566 s 23 Subd. 30. Commercial netting of
fish. The fees to take commercial fish are: (1) commercial
license fees: (i) for residents and nonresidents seining and
netting in inland waters, $120; (ii) for residents netting in
Lake Superior, $120; (iii) for residents netting in Lake of the
Woods, Rainy, Namakan, and Sand Point Lakes, $120; (iv) for
residents seining in the Mississippi River from St. Anthony Falls to
the St. Croix River junction, $120; (v) for residents seining,
netting, and set lining in Wisconsin boundary waters from Lake St.
Croix to the Iowa border, $120; and (vi) for a resident
apprentice license, $55; and (2) commercial gear fees: (i)
for each gill net in Lake Superior, Wisconsin boundary waters, and
Namakan Lake, $5 per 100 feet of net; (ii) for each seine in
inland waters, on the Mississippi River as described in section 97C.801,
subdivision 2, and in Wisconsin boundary waters, $9 per 100 feet;
(iii) for each commercial hoop net in inland waters, $2; (iv) for
each submerged fyke, trap, and hoop net in Lake Superior, St. Louis
Estuary, Lake of the Woods, and Rainy, Namakan, and Sand Point Lakes,
and for each pound net in Lake Superior, $20; (v) for each stake
and pound net in Lake of the Woods, $90; and (vi) for each set
line in the Wisconsin boundary waters, $45. Subd. 31. Repealed
by amendment, 1997 c 216 s 83 Subd. 32. Repealed by amendment,
1997 c 216 s 83 Subd. 33. Repealed by amendment, 1997 c 216 s 83Subd. 34. Repealed by amendment, 1997 c 216 s 83 Subd. 35.
Repealed by amendment, 1997 c 216 s 83 Subd. 36. Repealed by
amendment, 1997 c 216 s 83 Subd. 37. Repealed by amendment, 1997
c 216 s 83 Subd. 38. Fish buyers. The fees for licenses
to buy fish from commercial fishing licensees to be issued residents
and nonresidents are: (1) for Lake Superior fish bought for sale
to retailers, $150; (2) for Lake Superior fish bought for sale to
consumers, $35; (3) for Lake of the Woods, Namakan, Sand Point,
and Rainy Lake fish bought for sale to retailers, $300; and (4)
for Lake of the Woods, Namakan, Sand Point, and Rainy Lake fish
bought for shipment only on international boundary waters, $35.
Subd. 39. Fish packer. The fee for a license to prepare
dressed game fish for transportation or shipment is $40. Subd.
40. Fish vendors. The fee for a license to use a motor
vehicle to sell fish is $70. Subd. 41. Turtle licenses.
(a) The fee for a turtle seller's license to sell turtles and to
take, transport, buy, and possess turtles for sale is $250. (b)
The fee for a recreational turtle license to take, transport, and
possess turtles for personal use is $25. (c) The fee for a
turtle seller's apprentice license is $100. Subd. 42. Frog
dealers. The fee for the licenses to deal in frogs that are to be
used for purposes other than bait are: (1) for a resident to
purchase, possess, and transport frogs, $220; (2) for a
nonresident to purchase, possess, and transport frogs, $550; and
(3) for a resident to take, possess, transport, and sell frogs, $35.Subd. 43. Duplicate licenses. The fees for duplicate
licenses are: (1) for licenses to take big game, $5; and (2)
for other licenses, $2. Subd. 44. Replacement licenses.
The fee for a replacement firearms deer license is $5. Subd. 45.Camp Ripley archery deer hunt. The application fee for the
Camp Ripley archery deer hunt is $8.
97A.481 License applications; penalty. All information required on a license
application form must be furnished. The application must be made in
writing and is subject to the penalty prescribed in section 97A.301,
subdivision 1, clause (5).
97A.482 License applications; collection of Social Security numbers. (a) All applicants for individual noncommercial game and fish
licenses under this chapter and chapters 97B and 97C must include the
applicant's Social Security number on the license application. If an
applicant does not have a Social Security number, the applicant must
certify that the applicant does not have a Social Security number.(b) The Social Security numbers collected by the commissioner on
game and fish license applications are private data under section 13.355,
subdivision 1, and must be provided by the commissioner to the
commissioner of human services for child support enforcement
purposes. Title IV-D of the Social Security Act, United States Code,
title 42, section 666(a)(13), requires the collection of Social
Security numbers on game and fish license applications for child
support enforcement purposes. (c) The commissioners of human
services and natural resources shall request a waiver from the
secretary of health and human services to exclude any applicant under
the age of 16 from the requirement under this section and under
cross-country ski licensing sections to provide the applicant's
Social Security number. If a waiver is granted, this section will be
so amended effective January 1, 2006, or upon the effective date of
the waiver, whichever is later.
97A.485 Issuance of licenses. Subdivision 1. Commissioner. The
commissioner shall issue and sell licenses. The commissioner shall
furnish licenses and applications to agents authorized to issue
licenses. Subd. 1a. Repealed, 1992 c 513 art 3 s 79 Subd. 2.
Repealed, 2004 c 255 s 51 Subd. 2a. Licenses to take
additional deer. The commissioner may appoint federal, state, or
local government employees to be agents of the commissioner for the
sale of licenses or permits to take additional deer under section 97B.301,
subdivision 4. A bond is not required of a government employee
appointed under this subdivision. Subd. 3. Appointment of
agents. The commissioner may appoint agents of the commissioner
to issue and sell licenses. The appointment may be revoked by the
commissioner at any time. Subd. 4. Application to sell
licenses by agent. To be an agent, a person must apply to the
commissioner in writing and in a manner approved by the commissioner.Subd. 5. Agents responsible for fees. An agent must
promptly deposit and remit all money received from the sale of
licenses, except issuing fees, to the commissioner. Subd. 6.Licenses to be sold and issuing fees. (a) Persons authorized
to sell licenses under this section must issue the following licenses
for the license fee and the following issuing fees: (1) to take
deer or bear with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and (3) to take
small game, to take fish by angling or by spearing, and to trap
fur-bearing animals, the issuing fee is $1; (4) for a stamp that
is not issued simultaneously with a license, an issuing fee of 50
cents may be charged at the discretion of the authorized seller;
(5) for stamps issued simultaneously with a license, there is no fee;(6) for licenses, seals, tags, or coupons issued without a fee
under section 97A.441
or 97A.465,
an issuing fee of 50 cents may be charged at the discretion of the
authorized seller; (7) for lifetime licenses, there is no fee;
and (8) for all other licenses, permits, renewals, or
applications or any other transaction through the electronic
licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be
charged at the discretion of the authorized seller. (b) An
issuing fee may not be collected for issuance of a trout and salmon
stamp if a stamp validation is issued simultaneously with the related
angling or sporting license. Only one issuing fee may be collected
when selling more than one trout and salmon stamp in the same
transaction after the end of the season for which the stamp was
issued. (c) The agent shall keep the issuing fee as a commission
for selling the licenses. (d) The commissioner shall collect the
issuing fee on licenses sold by the commissioner. (e) A license,
except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the
licenses. (f) For duplicate licenses, including licenses issued
without a fee, the issuing fees are: (1) for licenses to take big
game, 75 cents; and (2) for other licenses, 50 cents. (g)
The commissioner may issue one-day angling licenses in books of ten
licenses each to fishing guides operating charter boats upon receipt
of payment of all license fees, excluding the issuing fee required
under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The commissioner shall refund the
charter boat captain for the license fees of all unsold licenses.
Copies of sold licenses shall be maintained by the commissioner for
one year. Subd. 7. Electronic licensing system
commission. The commissioner shall retain for the operation of
the electronic licensing system the commission established under
section 84.027,
subdivision 15, and issuing fees collected by the commissioner on all
license fees collected, excluding: (1) the small game surcharge;
and (2) $2.50 of the license fee for the licenses in section 97A.475,
subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, and 13.
Subd. 8. Repealed, 2004 c 255 s 51 Subd. 9. Certain licenses
not to be issued after season opens. A license to guide bear
hunters may not be issued after the day before the opening of the
related firearms season. Subd. 10. Repealed, 2004 c 255 s 51
Subd. 11. Rules for accounting and procedures. The
commissioner shall prescribe rules for the accounting and procedural
requirements necessary to assure the efficient handling of licenses
and license fees. The commissioner may, by rule, establish standards
for the appointment and revocation of agents to assure the efficient
distribution of licenses throughout the state. Subd. 12.
Youth deer license. The commissioner may, for a fee of $5.50,
issue to a resident under the age of 16 a license, without a tag, to
take deer with firearms. A youth holding a license issued under this
subdivision may hunt under the license only if accompanied by a
licensed hunter who is at least 18 years of age and possesses a valid
tag. A deer taken by a youth holding a license issued under this
subdivision must be promptly tagged by the licensed hunter
accompanying the youth. Section 97B.301,
subdivision 6, does not apply to a youth holding a license issued
under this subdivision. Subd. 13. One-day paper fishing
licenses. The commissioner must allow one-day paper fishing
licenses to be sold by fishing guides operating charter boats. 97A.501 Wild animals; general restrictions. Subdivision 1. General
restrictions. A person may not take, buy, sell, transport, or
possess a protected wild animal unless allowed by the game and fish
laws. The ownership of all wild animals is in the state, unless the
wild animal has been lawfully acquired under the game and fish laws.
The ownership of a wild animal that is lawfully acquired reverts to
the state if a law relating to sale, transportation, or possession of
the wild animal is violated. Subd. 2. Endangered
species. A person may not take, import, transport, or sell an
endangered species of wild animal, or sell, or possess with intent to
sell an article made from the parts of a wild animal, except as
provided in section 84.0895.Subd. 3. Contraceptive chemicals. (a) A person may not
administer contraceptive chemicals to noncaptive wild animals without
a permit issued by the commissioner. (b) The commissioner shall
adopt rules establishing standards and guidelines for the
administration of contraceptive chemicals to noncaptive wild animals.
The rules may specify chemical delivery methods and devices and
monitoring requirements.
97A.502 Deer killed by motor vehicles. Deer killed by a motor vehicle on a
public road must be removed by the road authority, as defined by
section 160.02,
subdivision 25. The commissioner of natural resources must provide
to all road authorities standard forms for statistical purposes and
the tracking of wild animals.
97A.505 Possession of wild animals. Subdivision 1. Repealed, 1987 c 149 art 1 s 54Subd. 2. Possession of unlawful animals brought into the
state prohibited. A person may not possess a wild animal that has
been unlawfully taken, bought, sold, or possessed outside the state,
or unlawfully shipped into the state. Subd. 3. Repealed, 1987 c
149 art 1 s 54 Subd. 3a. Transportation of animals into
state. Wild animals lawfully taken, bought, sold, or possessed
outside the state may be brought or shipped into the state unless
otherwise provided by law. Subd. 3b. Wild animals taken on
Red Lake Reservation lands within the Northwest Angle. Wild
animals taken and tagged in accordance with the Red Lake Band's
Conservation Code on the Red Lake Reservation lands in Minnesota
north of the 49th parallel shall be considered lawfully taken and
possessed under state law. Subd. 4. Storage of protected
wild animals. A person that stores protected wild animals for
others must plainly mark the package, in ink, with the name and
address of the owner, the license number of the person taking the
animal, and the number and species in the package. A person may not
use a commercial cold storage warehouse for protected wild animals,
except lawfully taken fish and furs. Subd. 5. License not
required for animals acquired by gift. Lawfully taken protected
wild animals may be transferred by gift. A person is not required to
have a license to possess and transport protected wild animals
acquired by gift. Subd. 6. Repealed, 1987 c 149 art 1 s 54
Subd. 7. Exceptions to this section. This section does not
apply to mounted specimens of wild animals, antlers, tanned hides,
and dressed furs lawfully taken. Subd. 8. Importation of
hunter-harvested cervidae. Importation into Minnesota of
hunter-harvested cervidae carcasses from known chronic wasting
disease endemic areas, as determined by the Board of Animal Health,
is prohibited except for cut and wrapped meat, quarters or other
portions of meat with no part of the spinal column or head attached,
antlers, hides, teeth, finished taxidermy mounts, and antlers
attached to skull caps that are cleaned of all brain tissue.
Hunter-harvested cervidae carcasses taken from chronic wasting
disease endemic areas outside of Minnesota may be transported on a
direct route through the state by nonresidents. Subd. 9.
Possession of live cervidae. A person may not possess live
cervidae, except as authorized in sections 17.452,
35.153,
and 35.155
or 97A.401.

97A.510 Game for consumption at fund-raising events. (a) Nonprofit
organizations may charge a fee for admission to fund-raising events
when lawfully taken and possessed game, excluding migratory game
birds, as defined in Code of Federal Regulations, title 50, section
20.11,
that cannot be sold under federal law, is donated to the organization
and is served for consumption on the premises where the fund-raising
event is held. (b) Game donated to the nonprofit organization
must be marked as provided in section 97A.505,
subdivision 4. The game donated to a nonprofit organization and
stored by the organization is considered to be in the possession of
the person making the donation, and is subject to inspection as
provided in section 97A.215,
subdivision 1. As provided in section 97A.505,
subdivision 5, a license is not required for the nonprofit
organization to possess or transport the donated game. (c) The
nonprofit organization must keep records of the game donated to the
organization, and the records must be available for inspection for
two years from the date of the fund-raising event. The records must
show: (1) the names and addresses of persons donating the game;(2) the license number or possession permit number under which
the game was lawfully taken or possessed; and (3) the date,
location, and purpose of the fund-raising event that utilized the
donation.
97A.511 Fur-bearing animals. The skins of fur-bearing animals and the flesh of
beaver, muskrat, raccoon, rabbits and hares, legally taken and
bearing the required seals or tags required by the game and fish
laws, may be bought, sold, and transported at any time. The flesh of
beaver, raccoon, rabbits, and hare may not be transported out of the
state.
97A.512 Sale of inedible portions of big game animals, fur-bearing animals, fish, and game birds other than migratory waterfowl. (a) Except as otherwise provided by the game and fish laws and as
restricted in this section, a person may possess, transport, buy, or
sell the following inedible portions of lawfully taken or acquired
big game animals, fur-bearing animals, fish, and game birds other
than migratory waterfowl: bones, including skulls; sinews; hides and
skins; hooves; teeth; claws; and antlers. (b) A person may not
buy or sell bear paws, unless attached to the hide, or bear
gallbladders.
97A.515 Pelts, skins, and hides taken on Indian reservations. The pelts,
skins, and hides of protected wild animals taken on an Indian
reservation in this state, except the Fond du Lac Reservation, may be
transported, sold, and disposed of as prescribed by the commissioner.

97A.521 Transportation of wild animals; generally. Subdivision 1.General authority; residents. A resident may transport wild
animals to any place in the state if the resident and the animals are
in the same vehicle. Subd. 2. General authority;
nonresidents. A nonresident may transport wild animals taken in
the state if the nonresident and the animals are in the same vehicle.Subd. 3. Wild animals in containers. A person that
transports wild animals in a container must mark or identify the
container as prescribed under the game and fish laws or by
commissioner's rule. Subd. 4. Animals that may be lawfully
sold. During the open season a person may transport a protected
wild animal within the state, and to a destination outside the state,
if the animal may be lawfully sold and the transportation is not
otherwise prohibited. Subd. 5. Unlawful wild animals
prohibited. A person may not transport wild animals taken,
bought, sold, or possessed in violation of the game and fish laws.

97A.525 Transportation of wild animals by common carrier. Subdivision
1. Residents. A resident may transport wild animals within
the state by common carrier without being in the vehicle if the
resident has the license required to take the animals and they are
shipped to the resident. The wild animals that may be transported by
common carrier are: (1) deer, bear, elk, and moose; (2)
undressed game birds; and (3) fish. Subd. 2.
Nonresidents. A nonresident may transport wild animals by common
carrier without being in the vehicle if the nonresident has the
license required to take the animals and they are shipped to the
nonresident. Subd. 3. Employee of carrier. An employee
of a carrier may not transport wild animals as baggage while
performing duties for the carrier. Subd. 4. Statement
required for protected wild animals. A person that transports
protected wild animals by common carrier, including animals carried
in baggage, must attach a statement to each shipment. The statement
must include the name, address, and license number of the person
shipping the animals, the number and species of the animals in the
shipment, and the signature of the licensee. Subd. 5.
Carrier must be shown shipper's license. A common carrier may not
accept a shipment of big or small game unless the carrier is shown
the license of the shipper to take the game. Subd. 6.
Waybill must specify animals. The waybill or receipt issued by a
common carrier to a shipper must specify the number and species of
wild animals being shipped. Subd. 7. Animals in possession
of shipper. Wild animals that are transported by common carrier
are considered to be in the possession of the shipper.
97A.531 Shipment of wild animals taken in Canada. Subdivision 1. Shipping
coupons. A person may ship, within or out of the state, wild
animals lawfully taken and possessed in Canada and that have lawfully
entered the state. The shipment must have the shipping coupons
required for a shipment originating in the province where the animals
were taken. Subd. 2. Repealed, 1995 c 220 s 141; 1995 c 224 s
126; 1Sp1995 c 1 s 48 Subd. 3. Repealed, 1995 c 220 s 141; 1995 c
224 s 126; 1Sp1995 c 1 s 48 Subd. 4. Repealed, 1995 c 220 s 141;
1995 c 224 s 126; 1Sp1995 c 1 s 48 Subd. 5. Repealed, 1995 c 220
s 141; 1995 c 224 s 126; 1Sp1995 c 1 s 48 Subd. 6. Repealed, 1995
c 220 s 141; 1995 c 224 s 126; 1Sp1995 c 1 s 48 Subd. 7.
Repealed, 1995 c 224 s 127; 1Sp1995 c 1 s 49
97A.535 Possession and transportation of deer, bear, elk, and moose.
Subdivision 1. Tags required. A person may not possess or
transport deer, bear, elk, or moose taken in the state unless a tag
is attached to the carcass in a manner prescribed by the
commissioner. The commissioner must prescribe the type of tag that
has the license number of the owner, the year of its issue, and other
information prescribed by the commissioner. The tag must be attached
to the deer, bear, elk, or moose at the site of the kill before the
animal is removed from the site of the kill, and must remain attached
to the animal until the animal is processed for storage. Subd.
2. Registration required. Deer, bear, elk, and moose must be
registered as prescribed by the commissioner, in addition to the tag
required in subdivision 1. Subd. 2a. Quartering of deer
allowed. A deer that has been tagged as required in subdivision 1
may be quartered at the site of the kill. The animal's head must
remain attached to one of the quarters. The quarters must be
presented together for registration under subdivision 2 and must
remain together until the deer is processed for storage. Subd.
3. Transportation period restricted. A person may transport
deer, bear, one elk, or moose during the open season and the two days
following the season, and afterwards as prescribed by the
commissioner. Subd. 4. Transportation by person other than
licensee. A person other than the licensee may transport deer,
bear, elk, or moose that the licensee has registered as prescribed by
the commissioner. A tag must be attached to the animal and marked in
ink with the address, license number, signature of the licensee, and
the locations from which and to which the animal is being
transported. Subd. 5. Heads, hides, and claws. A
resident that has a license to take deer, bear, elk, or moose may
transport the head or hide of the animal within or out of the state
for mounting or tanning. The hides of deer, bear, elk, and moose,
and the claws of bear legally taken and with the tags that are
required by this section, may be bought, sold, and transported at any
time.
97A.541 Repealed, 1993 c 269 s 32
97A.545 Transportation of game birds. Subdivision 1. Residents
shipping by common carrier. A resident that ships game birds to
the resident by common carrier without being in the vehicle may not
make more than three shipments during a license year. A shipment may
not contain more than the resident's daily limit. Subd. 2.
Nonresidents shipping by common carrier. A nonresident that ships
game birds to the nonresident by common carrier without being in the
vehicle must obtain a shipping permit from the commissioner. The
commissioner shall issue the permit upon request, without a fee. The
carrier receiving the shipment must cancel the permit as prescribed
by the commissioner. Subd. 3. Shipping to other
persons. A person must obtain a permit from the commissioner to
ship game birds to another person within or out of the state. The
person must have the licenses required to take the game birds.
Subd. 4. Game birds taken outside of this state. (a) A
person may transport into the state game birds that are lawfully
taken and possessed outside of this state. (b) A resident may
ship the game birds by common carrier within the state. A
nonresident may ship the game birds out of the state by common
carrier. Each shipment must be tagged or sealed by a conservation
officer as prescribed by the commissioner. Subd. 5. Birds
must be in undressed condition; exceptions. (a) Except as
provided in paragraph (b), a person may ship or otherwise transport
game birds in an undressed condition only. (b) Paragraph (a)
does not apply if the birds being shipped or otherwise transported:(1) were taken on a shooting preserve and are marked or
identified in accordance with section 97A.121,
subdivision 5; (2) were taken, dressed, and lawfully shipped or
otherwise transported in another state; or (3) are migratory game
birds that were lawfully tagged and packed by a federally permitted
migratory bird preservation facility.
97A.551 Possession and transportation of fish. Subdivision 1. Repealed, 1987 c
149 art 1 s 54 Subd. 2. Fish transported through state.
A person may not transport game fish taken in another state or
country through the state during the closed season or in excess of
the possession limit unless the fish are: (1) transported by
common carrier; or (2) tagged, sealed, or marked as prescribed by
the commissioner. Subd. 3. Shipping fish. A person that
has a license to take fish may make three shipments of fish in a
license year to any person within or out of the state after obtaining
a permit for each shipment from the commissioner. A shipment may not
contain more than a possession limit of one species of fish per
licensee. Subd. 4. Walleye; northern pike. Walleye and
northern pike may be possessed, transported, or shipped in a dressed
or undressed condition. Subd. 5. Preparation and packing of
fish for transportation. The commissioner may adopt rules for the
preparation and packing of fish for transportation. Subd. 6.Tagging and registration. The commissioner may, by rule,
require persons taking, possessing, and transporting certain species
of fish to tag the fish with a special fish management tag and may
require registration of tagged fish. A person may not possess or
transport a fish species taken in the state for which a special fish
management tag is required unless a tag is attached to the fish in a
manner prescribed by the commissioner. The commissioner shall
prescribe the manner of issuance and the type of tag as authorized
under section 97C.087.
The tag must be attached to the fish as prescribed by the
commissioner immediately upon reducing the fish to possession and
must remain attached to the fish until the fish is processed or
consumed. Species for which a special fish management tag is
required must be transported undressed.
97A.552 Fishing regulations; executive order. Subdivision 1. Order
authorized. (a) The governor may by executive order: (1)
require that fish that are lawfully taken by angling and possessed in
Canada be brought into the state in-the-round; (2) authorize fish
lawfully taken by angling in Canada to be transported within the
state or out of the state by a nonresident; (3) require that a
Minnesota resident transporting in Minnesota fish that have been
taken by angling in Canada possess a Minnesota angling license; and(4) require that any advertisement of fishing resorts or
facilities in Canada in printed or broadcast form originating or
distributed within the state must contain a summary of the
requirement of clause (1) and penalty for noncompliance. (b) An
executive order issued under paragraph (a) is effective the day
following the filing of a certified copy thereof in the Office of the
Secretary of State, and remains in effect until rescinded by order of
the governor. Subd. 2. Penalty for noncompliance. A
violation of an executive order imposing the requirement in
subdivision 1, paragraph (a), clause (1), is a misdemeanor, and in
addition to any criminal penalty imposed, fish brought into or
transported within the state contrary to that executive order must be
confiscated, and a penalty of $10 for each fish must be imposed.

USA Statutes : minnesota