USA Minnesota

USA Statutes : minnesota
Title : GAME AND FISH
Chapter : Hunting
97B.001 Trespass. Subdivision 1. Agricultural land definition. For
purposes of this section, "agricultural land" means land: (1)
that is plowed or tilled; (2) that has standing crops or crop
residues; (3) within a maintained fence for enclosing domestic
livestock; (4) that is planted native or introduced grassland or
hay land; or (5) that is planted to short rotation woody crops as
defined in section 41B.048,
subdivision 4. Subd. 1a. Outdoor recreation definition.
"Outdoor recreation" means any voluntary activity, including hunting,
fishing, trapping, boating, hiking, camping, and engaging in winter
sports, which is conducted primarily for the purposes of pleasure,
rest, or relaxation and is dependent upon or derives its principal
benefit from natural surroundings. Subd. 2. Permission
required to enter agricultural land for outdoor recreation
purposes. Except as provided in subdivisions 5 and 6, a person
may not enter agricultural land for outdoor recreation purposes,
without first obtaining permission of the owner, occupant, or lessee.Subd. 3. Remaining on land prohibited after notice.
Except as provided in subdivision 6, a person may not remain on any
land for outdoor recreation purposes after being orally told not to
do so by the owner, occupant, or lessee. Subd. 4. Entering
posted land prohibited; signs. (a) Except as provided in
subdivision 6, a person may not enter, for outdoor recreation
purposes, any land that is posted under this subdivision without
first obtaining permission of the owner, occupant, or lessee.
(b) The owner, occupant, or lessee of private land, or an authorized
manager of public land may prohibit outdoor recreation on the land by
posting signs once each year that: (1) state "no trespassing" or
similar terms; (2) display letters at least two inches high;
(3) either: (i) are signed by the owner, occupant, lessee, or
authorized manager; or (ii) include the legible name and
telephone number of the owner, occupant, lessee, or authorized
manager; and (4) either: (i) are at intervals of 1,000 feet
or less along the boundary of the area, or in a wooded area where
boundary lines are not clear, at intervals of 500 feet or less; or(ii) mark the primary corners of each parcel of land and access
roads and trails at the point of entrance to each parcel of land
except that corners only accessible through agricultural land need
not be posted. (c) A person may not erect a sign that prohibits
outdoor recreation or trespassing where the person does not have a
property right, title, or interest to use the land. Subd. 5.Retrieving wounded game. Except as provided in subdivision 3,
a person on foot may, without permission of the owner, occupant, or
lessee, enter land that is not posted under subdivision 4, to
retrieve a wounded animal that was lawfully shot. The hunter must
leave the land immediately after retrieving the wounded game.
Subd. 6. Retrieving hunting dogs. A person on foot may,
without permission of the owner, occupant, or lessee, enter private
land without a firearm to retrieve a hunting dog. After retrieving
the dog, the person must immediately leave the premises. Subd.
7. Taking with firearms in certain areas. (a) A person may
not take a wild animal with a firearm within 500 feet of a building
occupied by a human or livestock without the written permission of
the owner, occupant, or lessee: (1) on another person's private
land; or (2) on a public right-of-way. (b) A person may not
take a wild animal with a firearm without the permission of the
owner, occupant, or lessee, within 500 feet of a stockade or corral
containing livestock. (c) A person may not take a wild animal on
any land where the person is prohibited from entering by this
section. Subd. 8. Destruction of property; gate
closing. A person may not: (1) wound or kill another person's
domestic animal; (2) destroy, cut, or tear down another person's
fence, building, grain, crops, live tree, or sign erected under
subdivision 4; or (3) pass through another person's closed gate
without returning the gate to its original position.
97B.002 Civil trespass. Subdivision 1. Authority to issue.
Conservation officers, sheriffs, and deputies may issue citations to
a person who trespasses in violation of section 84.90
or 97B.001
or removes a sign posted to prevent trespass without permission of
the owner of the property. Subd. 2. Penalty amount. The
citation must impose the following penalty amounts: (1) $50 for
the first violation; (2) $200 for the second violation in a
three-year period; (3) for a third or subsequent violation in a
three-year period, the penalty shall be $500 and loss of every
license or registration being used; and (4) $50 for removal of a
sign posted pursuant to this section. Subd. 3. Appeals.
Citations may be appealed under the procedures in section 116.072,
subdivision 6, if the person requests a hearing by notifying the
commissioner in writing within 15 days after receipt of the citation.
If a hearing is not requested within the 15-day period, the citation
becomes a final order not subject to further review. Subd. 4.Enforcement of field citations. Field citations may be
enforced under section 116.072,
subdivisions 9 and 10. Subd. 5. Cumulative remedy. The
authority to issue field citations is in addition to other remedies
available under statutory or common law, except that the state may
not seek penalties under any other provision of law for the incident
subject to the citation. Subd. 6. Payment of penalty.
Penalty amounts shall be remitted within 30 days of issuance of the
penalty citation to the issuer. Subd. 7. Allocation of
penalty amounts. Penalty amounts are deposited to the county or
the commissioner for deposit in the game and fish fund depending upon
who issues the citation.
97B.005 Training dogs. Subdivision 1. Field training. A person may
not train hunting dogs afield on public lands administered by the
commissioner from April 16 to July 14 except as specifically
authorized by permit or rule. Subd. 2. Restriction on
ammunition while training. A person training a dog afield and
carrying a firearm may only have blank cartridges and shells in
personal possession when the season is not open for any game bird,
except as provided in subdivision 3. Subd. 3. Permits for
organizations and individuals to use game birds and firearms. (a)
The commissioner may issue special permits, without a fee, to use
firearms and live ammunition on domesticated birds or banded game
birds from game farms. (b) Permits for holding field trials may
be issued to organizations. The permit shall specify the dates and
locations of the field trial. The commissioner may limit the number
of dates approved for any organization. (c) Permits for training
hunting dogs may be issued to an individual. (d) Domesticated
birds, other than pigeons, and game farm birds used for trials or
training under this section must be clearly marked with dye or a
streamer attached to a leg in a manner that makes them visually
identifiable prior to being taken. Subd. 4. Repealed, 2005 c 146
s 52
97B.011 Dogs pursuing big game. A person who observes a dog wounding, killing, or
pursuing in a manner that endangers big game may kill the dog:
(1) at any time, if the person is a peace officer or conservation
officer; or (2) between January 1 and July 14, if the person is
not a peace officer or conservation officer and the discharge of
firearms is allowed. The officer or person is not liable for
damages for killing the dog.
97B.015 Firearms safety and wildlife identification course.
Subdivision 1. Establishment. The commissioner shall
establish a statewide course in the safe use of firearms and
identification of wild mammals and birds. A course may be held in a
school district. The courses must be conducted by the commissioner
in cooperation with other organizations. The courses must instruct
youths in commonly accepted principles of safety in hunting and
handling common hunting firearms and identification of various
species of wild mammals and birds by sight and other unique
characteristics. Subd. 2. Administration, supervision, and
enforcement. (a) The commissioner shall appoint a qualified
person from the Enforcement Division under civil service rules as
supervisor of hunting safety and prescribe the duties and
responsibilities of the position. The commissioner shall determine
and provide the Enforcement Division with the necessary personnel for
this section. (b) The Enforcement Division may appoint
instructors necessary for this section. Instructors shall serve on a
voluntary basis without compensation. The Enforcement Division must
supply the materials necessary for the course. School districts may
cooperate with the commissioner and volunteer instructors to provide
space for the classroom portion of the training. Subd. 3.
Liability insurance. The commissioner shall obtain insurance to
cover all liability incurred by the county directors and instructors
for bodily injury, death, and property damage in the performance of
their duties under this section. Subd. 4. Student fee.
To defray the expense of the course, the Enforcement Division shall
collect a fee from each person that takes the firearm safety course.
The commissioner shall establish a fee that neither significantly
overrecovers nor underrecovers costs, including overhead costs,
involved in providing the services. The fee is not subject to the
rulemaking provisions of chapter 14 and section 14.386
does not apply. The fees shall be deposited in the game and fish
fund and the amount thereof is appropriated annually to the
Enforcement Division of the Department of Natural Resources for the
administration of the program. In addition to the fee established by
the commissioner, instructors may charge each person up to the
established fee amount for class materials and expenses. Subd.
5. Firearms safety certificate. The commissioner shall issue
a firearms safety certificate to a person that satisfactorily
completes the required course of instruction. A person must be at
least age 11 to take the firearms safety course and may receive a
firearms safety certificate, but the certificate is not valid for
hunting until the person reaches age 12. A person who is age 11 and
has a firearms safety certificate may purchase a deer, bear, turkey,
or prairie chicken license that will become valid when the person
reaches age 12. A firearms safety certificate issued to a person
under age 12 by another state as provided in section 97B.020
is not valid for hunting in Minnesota until the person reaches age
12. The form and content of the firearms safety certificate shall be
prescribed by the commissioner. Subd. 6. Provisional
certificate for persons with mental retardation or a related
condition. Upon the recommendation of a course instructor, the
commissioner may issue a provisional firearms safety certificate to a
person who satisfactorily completes the classroom portion of the
firearms safety course but is unable to pass the written or an
alternate format exam portion of the course because of mental
retardation or a related condition as defined in section 97B.1055,
subdivision 1. The certificate is valid only when used according to
section 97B.1055.Subd. 7. Fee for duplicate certificate. The commissioner
shall collect a fee, to include a $1 issuing fee for licensing
agents, for issuing a duplicate firearms safety certificate. The
commissioner shall establish a fee that neither significantly
overrecovers nor underrecovers costs, including overhead costs,
involved in providing the service. The fee is not subject to the
rulemaking provisions of chapter 14 and section 14.386
does not apply. The commissioner may establish the fee
notwithstanding section 16A.1283.
The duplicate certificate fees, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the
game and fish fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027,
subdivision 15, and issuing fees collected by the commissioner, are
appropriated annually to the Enforcement Division of the Department
of Natural Resources for the administration of the firearm safety
course program.
97B.020 Firearms safety certificate required. (a) Except as provided in this
section and section 97A.451,
subdivision 3a, a person born after December 31, 1979, may not obtain
an annual license to take wild animals by firearms unless the person
has: (1) a firearms safety certificate or equivalent certificate;(2) a driver's license or identification card with a valid
firearms safety qualification indicator issued under section 171.07,
subdivision 13; (3) a previous hunting license with a valid
firearms safety qualification indicator; or (4) other evidence
indicating that the person has completed in this state or in another
state a hunter safety course recognized by the department under a
reciprocity agreement or certified by the department as substantially
similar. (b) A person who is on active duty and has successfully
completed basic training in the United States armed forces, reserve
component, or National Guard may obtain a hunting license or approval
authorizing hunting regardless of whether the person is issued a
firearms safety certificate. (c) A person born after December
31, 1979, may not use a lifetime license to take wild animals by
firearms, unless the person meets the requirements for obtaining an
annual license under paragraph (a) or (b).
97B.021 Possession of firearms by persons under age 16. Subdivision 1.
Restrictions. (a) Except as provided in this subdivision, a
person under the age of 16 may not possess a firearm, unless
accompanied by a parent or guardian. (b) A person under age 16
may possess a firearm without being accompanied by a parent or
guardian: (1) on land owned by, or occupied as the principal
residence of, the person or the person's parent or guardian; (2)
while participating in an organized target shooting program with
adult supervision; (3) while the person is participating in a
firearms safety program or traveling to and from class; or (4) if
the person is age 14 or 15 and has a firearms safety certificate.Subd. 2. Seizure of unlawfully possessed firearms. A law
enforcement officer shall seize a firearm used in violation of this
section. The officer must tag the seized firearm with the name and
address of the person from whom it was taken and give the person a
receipt. The firearm shall be placed in the custody of the
conservation officer in charge of the area where the seizure was
made. Subd. 3. Return or forfeiture of seized firearms.
A firearm seized under this section must be returned to the person
from whom it was seized when the person presents a firearms safety
certificate to the conservation officer. The person must present the
certificate within 90 days after the beginning of the first firearms
training course in the county after the firearm was seized. If the
person does not present a certificate, the firearm is contraband and
forfeited to the state, and shall be disposed of as prescribed by the
commissioner.
97B.025 Hunter and trapper education. (a) The commissioner may establish
education courses for hunters. The commissioner shall collect a fee
from each person attending a course. A fee, to include a $1 issuing
fee for licensing agents, shall be collected for issuing a duplicate
certificate. The commissioner shall establish the fees in a manner
that neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the services. The
fees are not subject to the rulemaking provisions of chapter 14 and
section 14.386
does not apply. The commissioner may establish the fees
notwithstanding section 16A.1283.
The fees, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the game and fish fund and the
amount thereof, except for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15, is appropriated annually to the Enforcement Division
of the Department of Natural Resources for the administration of the
program. In addition to the fee established by the commissioner for
each course, instructors may charge each person up to the established
fee amount for class materials and expenses. School districts may
cooperate with the commissioner and volunteer instructors to provide
space for the classroom portion of the training. (b) The
commissioner shall enter into an agreement with a statewide nonprofit
trappers association to conduct a trapper education program. At a
minimum, the program must include at least six hours of classroom,
electronic, or correspondence instruction and in the field training.
The program must include a review of state trapping laws and
regulations, trapping ethics, the setting and tending of traps and
snares, tagging and registration requirements, and the preparation of
pelts. The association shall issue a certificate to persons who
complete the program. The association shall be responsible for all
costs of conducting the education program, and shall not charge any
fee for attending the course.
97B.026 Trapper education certificate requirement. A person born after
December 31, 1989, and who has not been issued a trapping license in
a previous license year, may not obtain a trapping license unless the
person has been issued a trapper education certificate under section
97B.025,
paragraph (b).
97B.031 Use and possession of firearms. Subdivision 1. Firearms and
ammunition that may be used to take big game. (a) A person may
take big game with a firearm only if: (1) the rifle, shotgun, and
handgun used is a caliber of at least .23 inches; (2) the firearm
is loaded only with single projectile ammunition; (3) a
projectile used is a caliber of at least .23 inches and has a soft
point or is an expanding bullet type; (4) the ammunition has a
case length of at least 1.285
inches; (5) the muzzle-loader used is incapable of being loaded
at the breech; (6) the smooth-bore muzzle-loader used is a
caliber of at least .45 inches; and (7) the rifled muzzle-loader
used is a caliber of at least .40 inches. (b) Notwithstanding
paragraph (a), clause (4), a person may take big game with a ten
millimeter cartridge that is at least 0.95 inches in length, a .45
Winchester Magnum cartridge, or a .50 A. E. (Action Express) handgun
cartridge. Subd. 2. Handguns for small game. A person
may take small game with a handgun of any caliber in a manner
prescribed by the commissioner. Subd. 3. Firearms larger
than ten gauge prohibited. A person may not use a firearm with a
bore larger than a ten gauge to take a protected wild animal.
Subd. 4. Silencers prohibited. Except as provided in section
609.66,
subdivision 1h, a person may not own or possess a silencer for a
firearm or a firearm equipped to have a silencer attached. Subd.
5. Scopes; visually impaired hunters. (a) Notwithstanding
any other law to the contrary, the commissioner may issue a special
permit, without a fee, to use a muzzleloader with a scope to take
deer during the muzzleloader season to a person who obtains the
required licenses and who has a visual impairment. The scope may not
have magnification capabilities. (b) The visual impairment must
be to the extent that the applicant is unable to identify targets and
the rifle sights at the same time without a scope. The visual
impairment and specific conditions must be established by medical
evidence verified in writing by a licensed physician,
ophthalmologist, or optometrist. The commissioner may request
additional information from the physician if needed to verify the
applicant's eligibility for the permit. (c) A permit issued
under this subdivision may be valid for up to five years, based on
the permanence of the visual impairment as determined by the licensed
physician, ophthalmologist, or optometrist. (d) The permit must
be in the immediate possession of the permittee when hunting under
the special permit. (e) The commissioner may deny, modify,
suspend, or revoke a permit issued under this subdivision for cause,
including a violation of the game and fish laws or rules. (f) A
person who knowingly makes a false application or assists another in
making a false application for a permit under this subdivision is
guilty of a misdemeanor. A physician, ophthalmologist, or
optometrist who fraudulently certifies to the commissioner that a
person is visually impaired as described in this subdivision is
guilty of a misdemeanor.
97B.035 Restrictions on archery equipment. Subdivision 1. Hunting with bows
released by mechanical devices. (a) A person may not hunt with a
bow drawn, held, or released by a mechanical device, except with a
disabled hunter permit issued under section 97B.106
or as provided in paragraph (b). (b) A person may use a
mechanical device attached to the bowstring if the person's own
strength draws, holds, and releases the bowstring. Subd. 2.
Possession of crossbows. A person may not possess a crossbow
outdoors or in a motor vehicle during the open season for any game,
unless the crossbow is unstrung, and in a case or in a closed trunk
of a motor vehicle. Subd. 3. Poisoned and explosive
arrows. A person may not hunt with an arrow that is poisoned or
has an explosive tip. Subd. 4. Authority of
commissioner. The commissioner may not impose restrictions on the
possession, transportation, or use of archery equipment except as
specifically authorized by law.
97B.041 Possession of firearms and ammunition restricted in deer zones. A
person may not possess a firearm or ammunition outdoors during the
period beginning the fifth day before the open firearms season and
ending the second day after the close of the season within an area
where deer may be taken by a firearm, except: (1) during the open
season and in an area where big game may be taken, a firearm and
ammunition authorized for taking big game in that area may be used to
take big game in that area if the person has a valid big game license
in possession; (2) an unloaded firearm that is in a case or in a
closed trunk of a motor vehicle; (3) a shotgun and shells
containing No. 4 buckshot or smaller diameter lead shot or steel
shot; (4) a handgun or rifle and only short, long, and long rifle
cartridges that are caliber of .22 inches; (5) handguns possessed
by a person authorized to carry a handgun under sections 624.714
and 624.715
for the purpose authorized; and (6) on a target range operated
under a permit from the commissioner. This section does not
apply during an open firearms season in an area where deer may be
taken only by muzzleloader, except that muzzleloading firearms lawful
for the taking of deer may be possessed only by persons with a valid
license to take deer by muzzleloader during that season.
97B.045 Transportation of firearms. Subdivision 1.
Restrictions. A person may not transport a firearm in a motor
vehicle unless the firearm is: (1) unloaded and in a gun case
expressly made to contain a firearm, and the case fully encloses the
firearm by being zipped, snapped, buckled, tied, or otherwise
fastened, and without any portion of the firearm exposed; (2)
unloaded and in the closed trunk of a motor vehicle; or (3) a
handgun carried in compliance with sections 624.714
and 624.715.Subd. 2. Exception for disabled persons. The
restrictions in subdivision 1 do not apply to a disabled person if:(1) the person possesses a permit under section 97B.055,
subdivision 3; (2) the person is participating in a hunt
sponsored by a nonprofit organization under a permit from the
commissioner or is hunting on property owned or leased by the person;
and (3) the firearm is not loaded in the chamber until the
vehicle is stationary, or is a hinge action firearm with the action
open until the vehicle is stationary.
97B.051 Transportation of archery bows. Except as specified under
section 97B.055,
subdivision 2, a person may not transport an archery bow in a motor
vehicle unless the bow is: (1) unstrung; (2) completely
contained in a case; or (3) in the closed trunk or rear-most
enclosed portion of a motor vehicle that is not accessible from the
passenger compartment.
97B.055 Discharging firearms and bows and arrows. Subdivision 1.
Restrictions related to highways. (a) A person may not discharge
a firearm or an arrow from a bow on, over, or across an improved
public highway at a big game animal. A person may not discharge a
firearm or bow and arrow within the right-of-way of an improved
public highway at a big game animal. The commissioner may by rule
extend the application of this subdivision to the taking of migratory
waterfowl in designated locations. (b) A person may not
discharge a firearm or an arrow from a bow on, over, across, or
within the right-of-way of an improved public highway at a decoy of a
big game animal that has been set out by a licensed peace officer.Subd. 2. Restrictions related to motor vehicles. A
person may not take a wild animal with a firearm or by archery from a
motor vehicle except as permitted in this section. Notwithstanding
section 97B.091,
a person may transport a bow uncased while in an electric
motor-powered boat and may take rough fish while in the boat.
Subd. 3. Hunting from vehicle by disabled hunters. (a) The
commissioner may issue a special permit, without a fee, to discharge
a firearm or bow and arrow from a stationary motor vehicle to a
person who obtains the required licenses and who has a permanent
physical disability that is more substantial than discomfort from
walking. The permit recipient must be: (1) unable to step from a
vehicle without aid of a wheelchair, crutches, braces, or other
mechanical support or prosthetic device; or (2) unable to walk
any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist
breathing. (b) The permanent physical disability must be
established by medical evidence verified in writing by a licensed
physician or chiropractor. The commissioner may request additional
information from the physician or chiropractor if needed to verify
the applicant's eligibility for the permit. Notwithstanding section
97A.418,
the commissioner may, in consultation with appropriate advocacy
groups, establish reasonable minimum standards for permits to be
issued under this section. In addition to providing the medical
evidence of a permanent disability, the applicant must possess a
valid disability parking certificate authorized by section 169.345
or license plates issued under section 168.021.(c) A person issued a special permit under this subdivision and
hunting deer may take a deer of either sex, except in those
antlerless permit areas and seasons where no antlerless permits are
offered. This subdivision does not authorize another member of a
party to take an antlerless deer under section 97B.301,
subdivision 3. (d) A permit issued under this subdivision is
valid for five years. (e) The commissioner may deny, modify,
suspend, or revoke a permit issued under this section for cause,
including a violation of the game and fish laws or rules. (f) A
person who knowingly makes a false application or assists another in
making a false application for a permit under this section is guilty
of a misdemeanor. A physician or chiropractor who fraudulently
certifies to the commissioner that a person is permanently disabled
as described in this section is guilty of a misdemeanor. Subd.
4. Taking bounty animals from airplanes and snowmobiles. The
commissioner may issue a special permit, without fee, to take animals
that the state pays a bounty for, from an airplane or a snowmobile.

97B.061 Reports and records. The commissioner may request a person who has taken
game to submit a report to the commissioner on a furnished form,
stating the number or kind of each game animal taken during the
preceding license year. There is no penalty for failure to comply
with a request from the commissioner under this section, and
information submitted to the commissioner under this section may not
be used as evidence in a prosecution under this chapter, chapter 97A
or 97C.
97B.065 Hunting while under the influence of alcohol or a controlled substance. Subdivision 1. Acts prohibited. (a) A person may
not take wild animals with a firearm or by archery: (1) when the
person is under the influence of alcohol; (2) when the person is
under the influence of a controlled substance, as defined in section
152.01,
subdivision 4; (3) when the person is under the influence of a
combination of any two or more of the elements in clauses (1) and
(2); (4) when the person's alcohol concentration is 0.08 or more;(5) when the person's alcohol concentration as measured within
two hours of the time of taking is 0.08 or more; or (6) when the
person is knowingly under the influence of any chemical compound or
combination of chemical compounds that is listed as a hazardous
substance in rules adopted under section 182.655
and that affects the nervous system, brain, or muscles of the person
so as to substantially impair the person's ability to operate a
firearm or bow and arrow. (b) An owner or other person having
charge or control of a firearm or bow may not authorize or permit an
individual the person knows or has reason to believe is under the
influence of alcohol or a controlled substance, as provided under
paragraph (a), to possess the firearm or bow in this state or on a
boundary water of this state. (c) A person may not possess a
loaded or uncased firearm or an uncased bow afield under any of the
conditions in paragraph (a). Subd. 2. Arrest. A peace
officer may arrest a person for a violation under subdivision 1
without a warrant upon probable cause, without regard to whether the
violation was committed in the officer's presence. Subd. 3.
Preliminary screening test. When an officer authorized under
subdivision 2 to make arrests has reason to believe that the person
may be violating or has violated subdivision 1, paragraph (a) or (c),
the officer may require the person to provide a breath sample for a
preliminary screening test using a device approved by the
commissioner of public safety for this purpose. The results of the
preliminary screening test must be used for the purpose of deciding
whether an arrest should be made under this section and whether to
require the chemical tests authorized in section 97B.066,
but may not be used in any court action except: (1) to prove that a
test was properly required of a person under section 97B.066,
or (2) in a civil action arising out of the operation of a firearm or
bow and arrow. Following the preliminary screening test, additional
tests may be required of the person as provided under section 97B.066.
A person who refuses a breath sample is subject to the provisions of
section 97B.066
unless, in compliance with that section, the person submits to a
blood, breath, or urine test to determine the presence of alcohol or
a controlled substance. Subd. 4. Evidence. In a
prosecution for a violation of subdivision 1, paragraph (a) or (c),
or an ordinance in conformity with it, the admission of evidence of
the amount of alcohol or a controlled substance in the person's
blood, breath, or urine is governed by section 169A.45.Subd. 5. Penalties. (a) A person who violates a
prohibition in subdivision 1, or an ordinance in conformity with it,
is subject to the penalties provided in section 97A.331.(b) A person who hunts during the period the person is prohibited
from hunting under subdivision 6 is guilty of a misdemeanor.
Subd. 6. Hunting privileges suspended. Upon conviction, and
in addition to any penalty imposed under subdivision 5, the person is
subject to the limitations on hunting provided in section 97A.421.Subd. 7. Duties of commissioner. The court shall
promptly forward to the commissioner copies of all convictions and
criminal and civil penalties imposed under subdivision 5 and section
97B.066,
subdivision 2. The commissioner shall notify the convicted person of
the period during which the person is prohibited from hunting under
subdivision 6 and section 97A.421.
The commissioner shall also periodically circulate to appropriate law
enforcement agencies a list of all persons who are prohibited from
hunting under subdivision 6 and section 97A.421.Subd. 8. Immunity from liability. The state or political
subdivision that employs an officer who is authorized under
subdivision 2 to make an arrest for violations of subdivision 1 is
immune from any liability, civil or criminal, for the care or custody
of the hunting equipment in the physical control of the person
arrested if the officer acts in good faith and exercises due care.

97B.066 Chemical testing. Subdivision 1. Mandatory chemical testing.
A person who takes wild animals with a bow or firearm in this state
or on a boundary water of this state is required, subject to the
provisions of this section, to take or submit to a test of the
person's blood, breath, or urine for the purpose of determining the
presence and amount of alcohol or a controlled substance. The test
shall be administered at the direction of an officer authorized to
make arrests under section 97B.065,
subdivision 2. Taking or submitting to the test is mandatory when
requested by an officer who has probable cause to believe the person
was hunting in violation of section 97B.065,
subdivision 1, paragraph (a) or (c), and one of the following
conditions exists: (1) the person has been lawfully placed under
arrest for violating section 97B.065,
subdivision 1, paragraph (a) or (c); (2) the person has been
involved while hunting in an accident resulting in property damage,
personal injury, or death; (3) the person has refused to take the
preliminary screening test provided for in section 97B.065,
subdivision 3; or (4) the screening test was administered and
indicated an alcohol concentration of 0.08 or more. Subd. 2.Penalties; refusal; revocation of hunting privilege. (a) If a
person refuses to take a test required under subdivision 1, none must
be given but the officer authorized to make arrests under section 97B.065,
subdivision 2, shall report the refusal to the commissioner of
natural resources and to the authority having responsibility for
prosecution of misdemeanor offenses for the jurisdiction in which the
incident occurred that gave rise to the test demand and refusal.
On certification by the officer that probable cause existed to
believe the person had been hunting while under the influence of
alcohol or a controlled substance, and that the person refused to
submit to testing, the commissioner shall impose a civil penalty of
$500 and shall prohibit the person from hunting for one year. On
behalf of the commissioner, an officer requiring a test or directing
the administration of a test shall serve on a person who refused to
permit a test immediate notice of intention to prohibit the person
from hunting, and to impose the civil penalty set forth in this
subdivision. If the officer fails to serve a notice of intent to
suspend hunting privileges, the commissioner may notify the person by
certified mail to the address on the license of the person. The
notice must advise the person of the right to obtain administrative
and judicial review as provided in this section. The prohibition
imposed by the commissioner takes effect ten days after receipt of
the notice. The civil penalty is imposed 30 days after receipt of
the notice or upon return of the certified mail to the commissioner,
and must be paid within 30 days of imposition. (b) A person who
hunts during the period the person is prohibited from hunting as
provided under paragraph (a) is guilty of a misdemeanor. Subd.
3. Rights and obligations. At the time a test is requested,
the person must be informed that: (1) Minnesota law requires a
person to take a test to determine if the person is under the
influence of alcohol or a controlled substance; (2) if the person
refuses to take the test, the person is subject to a civil penalty of
$500 and is prohibited for a one-year period from hunting, as
provided under subdivision 2; and (3) that the person has the
right to consult with an attorney, but that this right is limited to
the extent it cannot unreasonably delay administration of the test or
the person will be deemed to have refused the test. Subd. 4.Requirement of urine test. Notwithstanding subdivision 1, if
there is probable cause to believe there is impairment by a
controlled substance that is not subject to testing by a breath test,
a blood or urine test may be required even after a breath test has
been administered. Subd. 5. Chemical tests. Chemical
tests administered under this section are governed by section 169A.51.Subd. 6. Repealed, 1Sp1997 c 2 s 69 Subd. 7.
Administrative review. (a) At any time during the period of
prohibition or revocation imposed under this section, the person may
request in writing a review of the order imposing sanctions under
this section. If the person makes a request for administrative
review within 30 days following receipt of a notice and order
imposing sanctions, the request shall stay imposition of the civil
penalty. Upon receiving the request for review, the commissioner or
the commissioner's designee shall review the order, the evidence upon
which the order was based, and other material information brought to
the attention of the commissioner and determine whether sufficient
cause exists to sustain the order. (b) Within 15 days after
receiving the request, the commissioner shall issue a written report
ordering that the prohibition, revocation, or civil penalty be either
sustained or rescinded. 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 have an effect upon the availability of judicial
review under this section. Subd. 8. Judicial review.
(a) Within 30 days following receipt of a notice and order imposing
sanctions under this section, 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 giving rise
to the test demand and refusal, together with proof of service of a
copy on the commissioner and the prosecuting authority for
misdemeanor offenses for the jurisdiction in which the incident
occurred. 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 order imposing sanctions. (c)
The filing of the petition does not stay the revocation or
prohibition against hunting. However, the filing of a petition stays
imposition of the civil penalty. The judicial review shall be
conducted according to the Rules of Civil Procedure. Subd. 9.Hearing. (a) A hearing under this section must be before a
district court judge in the county where the incident occurred which
gave rise to the test demand and refusal. The hearing must be to the
court and may be conducted at the same time as hearings upon pretrial
motions in the criminal prosecution under section 97B.065.
The hearing must be recorded. The commissioner must be represented
by the prosecuting authority for misdemeanor offenses for the
jurisdiction in which the incident occurred which gave rise to the
test demand and refusal. (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. The reviewing court
may order a temporary stay of the balance of the prohibition or
revocation if the hearing has not been conducted within 60 days after
filing of the petition, upon the application of the petitioner and
upon terms the court deems proper. (c) The scope of the hearing
must be limited to the issues of: (1) whether the officer had
probable cause to believe that the person violated section 97B.065;(2) whether one of the conditions in subdivision 1 existed;
(3) whether the person was informed as prescribed in subdivision 3;
and (4) whether the person refused to submit to testing. (d)
It is an affirmative defense for the petitioner to prove that, at the
time of the refusal, the petitioner's refusal to permit the test was
based upon reasonable grounds. (e) The court shall order that
the prohibition or revocation be either sustained or rescinded and
shall either sustain or rescind the civil penalty. The court shall
forward a copy of the order to the commissioner. Subd. 10.
Payment of civil penalty. The civil penalty imposed under
subdivision 2 must be paid to the political subdivision that
represents the commissioner on the petition for judicial review or,
in the event that a petition is not filed, to the political
subdivision that would have represented the commissioner had a
petition been filed. If a person does not pay the civil penalty, the
prohibition against hunting is automatically extended until the
political subdivision reports to the commissioner in writing that the
penalty has been paid. Subd. 11. Enforcement of civil
penalty. (a) If a person does not pay the civil penalty imposed
under subdivision 2 within 30 days of the date it was imposed, the
prosecuting authority representing the commissioner may petition the
district court in the county where the incident occurred to file the
order imposing the civil penalty as an order of the court. (b)
Once entered, the order may be enforced in the same manner as a final
judgment of the court. In addition to the penalty, attorney fees,
costs, and interest may be assessed against any person who fails to
pay the civil penalty.
97B.071 Blaze orange requirements. (a) Except as provided in rules adopted under
paragraph (c), a person may not hunt or trap during the open season
where deer may be taken by firearms under applicable laws and
ordinances, unless the visible portion of the person's cap and outer
clothing above the waist, excluding sleeves and gloves, is blaze
orange. Blaze orange includes a camouflage pattern of at least 50
percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a
stationary shooting location or to trappers on waters of this state.(b) Except as provided in rules adopted under paragraph (c), and
in addition to the requirement in paragraph (a), a person may not
take small game other than turkey, migratory birds, raccoons, and
predators, except when hunting with nontoxic shot or while trapping,
unless a visible portion of at least one article of the person's
clothing above the waist is blaze orange. This paragraph does not
apply to a person hunting by falconry. (c) The commissioner may,
by rule, prescribe an alternative color in cases where paragraph (a)
or (b) would violate the Religious Freedom Restoration Act of 1993,
Public Law 103-141. (d) A violation of paragraph (b) shall not
result in a penalty, but is punishable only by a safety warning. 97B.075 Hunting restricted between evening and morning. (a) A person may not
take protected wild animals, except raccoon and fox, with a firearm
between the evening and morning times established by commissioner's
rule, except as provided in this section. (b) Big game may be
taken from one-half hour before sunrise until one-half hour after
sunset. (c) Except as otherwise prescribed by the commissioner
before the Saturday nearest October 8, waterfowl may be taken from
one-half hour before sunrise until sunset during the entire season
prescribed by the commissioner. On the opening day of the duck
season, shooting hours for migratory game birds, except woodcock,
begin at 9:00 a.m.
97B.081 Using artificial lights to locate animals. Subdivision 1.
With firearms and bows. (a) A person may not cast the rays of a
spotlight, headlight, or other artificial light on a highway, or in a
field, woodland, or forest, to spot, locate, or take a wild animal,
except while taking raccoons in accordance with section 97B.621,
subdivision 3, or tending traps in accordance with section 97B.931,
while having in possession, either individually or as one of a group
of persons, a firearm, bow, or other implement that could be used to
kill big game. (b) This subdivision does not apply to a firearm
that is: (1) unloaded; (2) in a gun case expressly made to
contain a firearm that fully encloses the firearm by being zipped,
snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and (3) in the closed trunk of a motor
vehicle. (c) This subdivision does not apply to a bow that is:(1) completely encased or unstrung; and (2) in the closed
trunk of a motor vehicle. (d) If the motor vehicle under
paragraph (b) or (c) does not have a trunk, the firearm or bow must
be placed in the rearmost location of the vehicle. (e) This
subdivision does not apply to persons taking raccoons under section
97B.621,
subdivision 3. Subd. 2. Without firearms. (a) Between
the hours of 10:00 p.m. and 6:00 a.m. from September 1 to December
31, a person may not cast the rays of a spotlight, headlight, or
other artificial light in a field, woodland, or forest to spot,
locate, or take a wild animal except to take raccoons under section
97B.621,
subdivision 3, or to tend traps under section 97B.931.(b) Between one-half hour after sunset until sunrise, a person
may not cast the rays of a spotlight, headlight, or other artificial
light to spot, locate, or take a wild animal on fenced, agricultural
land containing livestock, as defined in section 17A.03,
subdivision 5, or poultry that is marked with signs prohibiting the
shining of lights. The signs must: (1) display reflectorized
letters that are at least two inches in height and state "no shining"
or similar terms; and (2) be placed at intervals of 1,000 feet or
less along the boundary of the area. (c) It is not a violation
of paragraph (a) or (b) for a person to carry out any agricultural,
occupational, or recreational practice, including snowmobiling that
is not related to spotting, locating, or taking a wild animal.
(d) Between the hours of 6:00 p.m. and 6:00 a.m., a person may not
project a spotlight or hand-held light onto residential property or
building sites from a moving motor vehicle being operated on land,
except for the following purposes: (1) safety; (2) emergency
response; (3) normal vehicle operations; or (4) performing an
occupational duty.
97B.085 Use of radios to take animals. Subdivision 1. Radio use in taking
game prohibited. A person may not use radio equipment to take big
game or small game. Subd. 2. Taking unprotected wild
animals; permit required. A person may not use radio equipment to
take unprotected wild animals without a permit. The commissioner may
issue a permit to take unprotected animals with radio equipment. The
commissioner shall cancel the permit upon receiving a valid complaint
of misconduct regarding the permittee's hunting activities.
Subd. 3. Communication excepted. This section does not
prohibit the use of one-way radio communication between a handler and
a dog.
97B.091 Use of motor vehicles to chase wild animals prohibited. A person
may not use a motor vehicle to intentionally drive, chase, run over,
kill, or take a wild animal.
97B.095 Disturbing burrows and dens. A person may not disturb the burrow or den
of a wild animal between November 1 and April 1 without a permit.

97B.101 Hunting with ferrets prohibited. A person may not take a protected wild
animal with the aid of a ferret.
97B.105 Hunting by falconry. A person may take a protected wild animal by
falconry under rules prescribed by the commissioner.
97B.1055 Hunting by persons with mental retardation or a related condition. Subdivision 1. Definitions. For purposes of this section
and section 97B.015,
subdivision 6, "person with mental retardation or a related
condition" means a person who has been diagnosed as having
substantial limitations in present functioning, manifested as
significantly subaverage intellectual functioning, existing
concurrently with demonstrated deficits in adaptive behavior, and who
manifests these conditions before the person's 22nd birthday. A
person with a related condition means a person who meets the
diagnostic definition under section 252.27,
subdivision 1a. Subd. 2. Obtaining a license. (a)
Notwithstanding section 97B.020,
a person with mental retardation or a related condition may obtain a
firearms hunting license with a provisional firearms safety
certificate issued under section 97B.015,
subdivision 6. (b) Any person accompanying or assisting a person
with mental retardation or a related condition under this section
must possess a valid firearms safety certificate issued by the
commissioner. Subd. 3. Assistance required. A person
who obtains a firearms hunting license under subdivision 2 must be
accompanied and assisted by a parent, guardian, or other adult person
designated by a parent or guardian when hunting. A person who is not
hunting but is solely accompanying and assisting a person with mental
retardation or a related condition need not obtain a hunting license.Subd. 4. Prohibited activities. (a) This section does
not entitle a person to possess a firearm if the person is otherwise
prohibited from possessing a firearm under state or federal law or a
court order. (b) No person shall knowingly authorize or permit a
person, who by reason of mental retardation or a related condition is
incapable of safely possessing a firearm, to possess a firearm to
hunt in the state or on any boundary water of the state.
97B.106 Crossbow permits for hunting and fishing. Subdivision 1.
Qualifications for crossbow permits. (a) The commissioner may
issue a special permit, without a fee, to take big game, small game,
or rough fish with a crossbow to a person that is unable to hunt or
take rough fish by archery because of a permanent or temporary
physical disability. (b) To qualify for a crossbow permit under
this section, a temporary disability must render the person unable to
hunt or fish by archery for a minimum of two years after application
for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish
by archery for the required period of time must be verified in
writing by a licensed physician or chiropractor. (c) The person
must obtain the appropriate license. Subd. 2. Crossbow
equipment and requirements. (a) A crossbow used for hunting under
the provisions of this section must: (1) be fired from the
shoulder; (2) deliver at least 42 foot-pounds of energy at a
distance of ten feet; (3) have a stock at least 30 inches long;(4) have a working safety; and (5) be used with arrows or
bolts at least ten inches long. (b) An arrow or bolt used to
take big game or turkey under the provisions of this section must
meet the legal arrowhead requirements in section 97B.211,
subdivision 2. (c) An arrow or bolt used to take rough fish with
a crossbow under the provisions of this section must be tethered or
controlled by an attached line.
97B.111 Special firearm hunting seasons for physically disabled.
Subdivision 1. Establishment; requirements. The commissioner
may establish criteria, special seasons, and limits for persons who
have a physical disability to take big game and small game with
firearms and by archery in designated areas. A person hunting under
this section who has a physical disability must have a verified
statement of the disability by a licensed physician and must be
participating in a program for physically disabled hunters sponsored
by a nonprofit organization that is permitted under subdivision 2. A
license is not required for a person to assist a physically disabled
person hunting during a special season under this section. Subd.
2. Permit for organization; laser sights. (a) The
commissioner may issue a special permit without a fee to a nonprofit
organization to provide an assisted hunting opportunity to physically
disabled hunters. The assisted hunting opportunity may take place:(1) in areas designated by the commissioner under subdivision 1;
or (2) on private property or a licensed shooting preserve.
(b) The sponsoring organization shall provide a physically capable
person to assist each disabled hunter with safety-related aspects of
hunting and, notwithstanding section 97B.081,
a person with a physical disability who is totally blind may use
laser sights. (c) The commissioner may impose reasonable permit
conditions.
97B.112 Special hunts for youth. The commissioner may by rule establish criteria,
special seasons, and limits for youth hunters to take big game and
small game by firearms or archery in designated areas or times. The
criteria may also include provisions for an unlicensed adult to
assist a youth hunter during a special season or special hunt
established under this section.
97B.115 Computer-assisted remote hunting prohibition. (a) No person
shall operate, provide, sell, use or offer to operate, provide, sell
or use any computer software or service that allows a person, not
physically present at the site, to remotely control a weapon that
could be used to take any wild animal by remote operation, including,
but not limited to, weapons or devices set up to fire through the use
of the Internet or through a remote control device. (b) A person
who violates this section is guilty of a misdemeanor.
97B.201 No open season for caribou or antelope. There may not be an open
season on caribou or antelope.
97B.205 Use of dogs and horses to take big game prohibited. A person
may not use a dog or horse to take big game.
97B.211 Hunting big game by archery. Subdivision 1. Possession of firearms
prohibited. Except when hunting bear, a person may not take big
game by archery while in possession of a firearm. Subd. 2.
Arrowhead requirements. Arrowheads used for taking big game must
be sharp, have a minimum of two metal cutting edges, be of a barbless
broadhead design, and must have a diameter of at least seven-eighths
inch. The commissioner may allow retractable broadhead arrowheads
that meet the other requirements of this subdivision.
97B.301 Deer licenses and limits. Subdivision 1. Licenses required. A
person may not take deer without a license. A person must have a
firearms deer license to take deer with firearms and an archery deer
license to take deer by archery except as provided in this section.Subd. 2. Limit of one deer. Except as provided in
subdivisions 3 and 4, a person may obtain one firearms deer license
and one archery deer license in the same license year, but may take
only one deer. Subd. 3. Party hunting. If two or more
persons with licenses to take deer by firearms, or two or more
persons with licenses to take deer by archery, are hunting as a
party, a member of the party may take more than one deer, but the
total number of deer taken by the party may not exceed the number of
persons licensed to take deer in the party. Subd. 4. Taking
more than one deer. (a) The commissioner may, by rule, allow a
person to take more than one deer. The commissioner shall prescribe
the conditions for taking the additional deer including: (1)
taking by firearm or archery; (2) obtaining additional licenses;
and (3) payment of a fee not more than the fee for a firearms
deer license; and (4) the total number of deer that an individual
may take. (b) In Kittson, Lake of the Woods, Marshall,
Pennington, and Roseau Counties, a person may obtain one firearms
deer license and one archery deer license in the same license year,
and may take one deer under each license. The commissioner may limit
the use of this provision in certain years to protect the deer
population in the area. Subd. 5. Repealed, 1995 c 220 s 141;
1Sp1995 c 1 s 48 Subd. 6. Residents under age 18 may take
deer of either sex. A resident under the age of 18 may take a
deer of either sex except in those antlerless permit areas and
seasons where no antlerless permits are offered. In antlerless
permit areas where no antlerless permits are offered, the
commissioner may provide a limited number of youth either sex permits
to residents under age 18, under the procedures provided in section
97B.305,
and may give preference to residents under the age of 18 that have
not previously been selected. This subdivision does not authorize
the taking of an antlerless deer by another member of a party under
subdivision 3. Subd. 7. All season deer license. (a) A
resident may obtain an all season deer license. This license
authorizes the resident to take one buck by firearm or archery during
any season statewide. In addition, a resident obtaining this license
may take one antlerless deer: (1) by firearms in the regular
firearms season if the resident first obtains an antlerless deer
permit or if the resident takes the antlerless deer in an area where
the commissioner has authorized taking a deer of either sex without
an antlerless permit; (2) by archery in the archery season; or(3) by muzzleloader in the muzzleloader season. (b) The
commissioner shall issue one tag for a buck and one tag for an
antlerless deer when issuing a license under this subdivision. 97B.305 Commissioner may limit number of deer hunters. The commissioner may limit
the number of persons that may hunt deer in an area if it is
necessary to prevent an overharvest or improve the distribution of
hunters. The commissioner may, by rule, establish a method,
including a drawing, to impartially select the hunters for an area.
The commissioner shall give preference to hunters that have
previously applied and have not been selected.
97B.311 Deer seasons and restrictions. (a) The commissioner may, by rule,
prescribe restrictions and designate areas where deer may be taken,
including hunter selection criteria for special hunts established
under section 97A.401,
subdivision 4. The commissioner may, by rule, prescribe the open
seasons for deer within the following periods: (1) taking with
firearms, other than muzzle-loading firearms, between November 1 and
December 15; (2) taking with muzzle-loading firearms between
September 1 and December 31; and (3) taking by archery between
September 1 and December 31. (b) Notwithstanding paragraph (a),
the commissioner may establish special seasons within designated
areas at any time of year.
97B.312 Repealed, 2000 c 495 s 53
97B.315 Repealed, 1988 c 588 s 17
97B.321 Snares, traps, set guns, and swivel guns prohibited. A
person may not take deer with the aid of a snare, trap, set gun, or
swivel gun.
97B.325 Deer stand restrictions. A person may not take deer from a constructed
platform or other structure that is located within the right-of-way
of an improved public highway or is higher than 16 feet above the
ground. The height restriction does not apply to a portable stand
that is chained, belted, clamped, or tied with rope.
97B.326 Stands and blinds on public lands. Any unoccupied permanent stand or
blind on public land is public and not the property of the person who
constructed it.
97B.401 Bear license required. A person may not take bear without a bear license
except as provided in section 97B.415
to protect property.
97B.405 Commissioner may limit number of bear hunters. The commissioner may limit
the number of persons that may hunt bear in an area, if it is
necessary to prevent an overharvest or improve the distribution of
hunters. The commissioner may establish, by rule, a method,
including a drawing, to impartially select the hunters for an area.
The commissioner shall give preference to hunters that have
previously applied and have not been selected.
97B.411 Bear season and restrictions. The commissioner may, by rule, prescribe
the open season and the areas and restrictions for the taking of
bear.
97B.415 Taking bear to protect property. A person may take a bear at any time to
protect the person's property. The person must report the bear taken
to a conservation officer within 48 hours. The bear may be disposed
of as prescribed by the commissioner.
97B.421 Permit required to snare bears. A person may not use a snare to
take a bear except under a permit from the commissioner.
97B.425 Baiting bears. Notwithstanding section 609.68,
a person may place bait to take bear and must display a tag at each
site where bait is placed and register the sites. The commissioner
shall prescribe the method of tagging and registering the sites. To
attract bear a person may not use a bait with: (1) a carcass from
a mammal, if the carcass contains more than 25 percent of the intact
carcass; (2) meat from mammals, if the meat contains bones;
(3) bones of mammals; (4) solid waste containing bottles, cans,
plastic, paper, or metal; (5) materials that are not readily
biodegradable; or (6) any part of a swine, except cured pork.

97B.431 Bear hunting guides. A person may not place bait for bear, or guide
hunters to take bear, for compensation without a bear hunting guide
license. A bear hunting guide is not required to have a license to
take bear unless the guide is attempting to shoot a bear. The
commissioner shall adopt rules for qualifications for issuance and
administration of the licenses.
97B.501 Moose license required. A person may not take moose without a moose
license.
97B.505 Moose season and restrictions. The commissioner may, by rule, prescribe
the open season and the areas and conditions for the taking of moose.

97B.511 Moose stand restrictions. A person may not take moose from a constructed
platform or other structure higher than nine feet above the ground.
The restriction does not apply to a portable stand that is chained,
belted, clamped, or tied with rope.
97B.515 Elk; license required, seasons, restrictions. Subdivision 1. License
required. A person may not take an elk without an elk license.Subd. 2. Season and restrictions. The commissioner may,
by rule, prescribe the open season and the areas and conditions for
the taking of elk when the precalving population exceeds 20 animals.Subd. 3. Stand restrictions. A person may not take elk
from a constructed platform or other structure higher than nine feet
above the ground. The restriction does not apply to a portable stand
that is chained, belted, clamped, or tied with rope.
97B.516 Elk management plan. The commissioner of natural resources must
adopt an elk management plan that: (1) recognizes the value and
uniqueness of elk; (2) provides for integrated management of an
elk population in harmony with the environment; (3) affords
optimum recreational opportunities; and (4) restricts elk to
nonagricultural land in the state.
97B.601 Small game licenses. Subdivision 1. Requirement. A person may
not take small game without a small game license except as provided
in subdivision 4. Subd. 2. Trapping small game. A
person may not take small game with traps without a trapping license
and a small game license except as provided in subdivision 4.
Subd. 3. Nonresidents: raccoon, bobcat, fox, coyote. A
nonresident may not take raccoon, bobcat, fox, or coyote by firearms
without a separate license to take that animal in addition to a small
game license. Subd. 3a. Nonresidents; trapping small
game. A nonresident may take small game by trapping only on land
owned by the nonresident, if the nonresident possesses a trapping
license and a small game license. Subd. 4. Exception to
license requirements. (a) A resident under age 16 may take small
game without a small game license, and a resident under age 13 may
trap without a trapping license, as provided in section 97A.451,
subdivision 3. (b) A person may take small game without a small
game license on land occupied by the person as a principal residence.(c) An owner or occupant may take certain small game causing
damage without a small game or trapping license as provided in
section 97B.655.(d) A person may use dogs to pursue and tree raccoons under
section 97B.621,
subdivision 2, during the closed season without a license. (e) A
person may take a turkey or a prairie chicken without a small game
license.
97B.603 Taking small game as a party. While two or more persons are taking small
game as a party and maintaining unaided visual and vocal contact, a
member of the party may take and possess more than one limit of small
game, but the total number of small game taken and possessed by the
party may not exceed the limit of the number of persons in the party
that may take and possess small game. This section does not apply to
the hunting of migratory game birds or turkeys, except that a
licensed turkey hunter may assist another licensed turkey hunter for
the same zone and time period as long as the hunter does not shoot or
tag a turkey for the other hunter.
97B.605 Commissioner may restrict taking of certain small game animals.
The commissioner may prescribe restrictions on and designate areas
where gray and fox squirrels, cottontail and jack rabbits, snowshoe
hare, raccoon, bobcat, red fox and gray fox, fisher, pine marten,
opossum, and badger may be taken and possessed.
97B.611 Squirrels. Subdivision 1. Seasons for gray and fox squirrels.
The statewide open season for gray and fox squirrels may be
prescribed by the commissioner between October 15 and December 31.
The commissioner may prescribe areas with additional open seasons.Subd. 2. Fire and smoke prohibited. A person may not set
fire to a tree or use smoke to take squirrels.
97B.615 Rabbit and hare season. The statewide open season for cottontail, jack
rabbits, and snowshoe hare may be prescribed by the commissioner
between September 16 and March 1.
97B.621 Raccoons. Subdivision 1. Season. The statewide open season
for raccoon may be set by the commissioner. Subd. 2. Period
for treeing raccoons. Notwithstanding subdivision 1 and section
97B.005,
subdivision 1, a person may use dogs to pursue and tree raccoons
without killing or capturing the raccoons during the closed season
and a license is not required. Subd. 3. Nighttime hunting
restrictions. To take raccoons between sunset and sunrise, a
person: (1) must be on foot; (2) may use an artificial light
only if hunting with dogs; (3) may not use a rifle other than one
of a .22 inch caliber with .22 short, long, or long rifle, rimfire
ammunition; and (4) may not use shotgun shells with larger than
No. 4 shot. Subd. 4. Prohibited methods of taking. A
person may not take a raccoon: (1) in a den or hollow tree;
(2) by cutting down a tree occupied by raccoon; or (3) by setting
fire to a tree or using smoke.
97B.625 Bobcat. Subdivision 1. Season. Based upon population estimates,
the commissioner may set the open season for bobcat. Subd. 2.Use of a snare. A person may use a snare to take bobcat, as
prescribed by the commissioner, without a permit.
97B.631 Fox.
Subdivision 1. Restrictions on taking. A person may not
remove a fox from a den or trap fox within 300 feet of a fox den from
April 1 to August 31. Subd. 2. Use of a snare. A person
may use a snare to take fox, as prescribed by the commissioner,
without a permit.
97B.635 Fisher; badger; opossum; and pine marten. Based upon population
estimates, the commissioner may set the open season for fisher,
badger, opossum, and pine marten.
97B.641 Cougar, lynx, and wolverine. There is no open season for cougar, lynx, or
wolverine.
97B.645 Gray wolves. Subdivision 1. Use of dogs and horses prohibited; use
of guard animals. Except as provided in this subdivision, a
person may not use a dog or horse to take a gray wolf. A person may
use a guard animal to harass, repel, or destroy wolves to protect a
person's livestock, domestic animals, or pets. A person whose guard
animal destroys a gray wolf under this subdivision must protect all
evidence and report the taking to a conservation officer as soon as
practicable but no later than 48 hours after the gray wolf is
destroyed. Subd. 2. Permit required to snare. A person
may not use a snare to take a wolf except under a permit from the
commissioner. Subd. 3. Destroying gray wolves in defense of
human life. A person may, at any time and without a permit, take
a gray wolf in defense of the person's own life or the life of
another. A person who destroys a gray wolf under this subdivision
must protect all evidence and report the taking to a conservation
officer as soon as practicable but no later than 48 hours after the
gray wolf is destroyed. Subd. 4. Harassment of gray
wolves. To discourage gray wolves from contact or association
with people and domestic animals, a person may, at any time and
without a permit, harass a gray wolf that is within 500 yards of
people, buildings, dogs, livestock, or other domestic pets and
animals. A gray wolf may not be purposely attracted, tracked, or
searched out for the purpose of harassment. Harassment that results
in physical injury to a gray wolf is prohibited. Subd. 5.
Destroying gray wolves threatening livestock, guard animals, or
domestic animals. An owner of livestock, guard animals, or
domestic animals, and the owner's agents may, at any time and without
a permit, shoot or destroy a gray wolf when the gray wolf is posing
an immediate threat to livestock, a guard animal, or a domestic
animal located on property owned, leased, or occupied by the owner of
the livestock, guard animal, or domestic animal. A person who
destroys a gray wolf under this subdivision must protect all evidence
and report the taking to a conservation officer as soon as
practicable but no later than 48 hours after the gray wolf is
destroyed. Subd. 6. Destroying gray wolves threatening
domestic pets. An owner of a domestic pet may, at any time and
without a permit, shoot or destroy a gray wolf when the gray wolf is
posing an immediate threat to a domestic pet under the supervision of
the owner. A person who destroys a gray wolf under this subdivision
must protect all evidence and report the taking to a conservation
officer as soon as practicable but no later than 48 hours after the
gray wolf is destroyed. Subd. 7. Investigation of reported
gray wolf takings. (a) In response to a reported gray wolf
taking under subdivision 3, 5, or 6, the commissioner shall: (1)
investigate the reported taking; (2) collect appropriate written
and photographic documentation of the circumstances and site of the
taking, including, but not limited to, documentation of animal
husbandry practices; (3) confiscate salvageable remains of the
gray wolf killed; and (4) dispose of any salvageable gray wolf
remains confiscated under this subdivision by sale or donation for
educational purposes. (b) The commissioner shall produce monthly
reports of activities under this subdivision. (c) In response to
a reported gray wolf taking under subdivision 5, the commissioner
must notify the county extension agent. The county extension agent
must recommend what, if any, cost-conscious livestock best management
practices and nonlethal wolf depredation controls are needed to
prevent future wolf depredation. Any best management practices
recommended by the county extension agent must be consistent with the
best management practices developed by the commissioner of
agriculture under section 3.737,
subdivision 5. Subd. 8. Shooting or trapping gray wolves to
protect livestock, domestic animals, or pets in zone b. (a)
Notwithstanding the provisions of subdivisions 1 and 4 to 7, and
season and time of day restrictions in the game and fish laws, but
subject to the remaining provisions of the game and fish laws, in
zone B, a person may: (1) shoot a gray wolf on land owned,
leased, or managed by the person at any time to protect the person's
livestock, domestic animals, or pets; or (2) employ a predator
controller certified under section 97B.671
to trap a gray wolf on land owned, leased, or managed by the person
or on land within one mile of the land owned, leased, or managed by
the person to protect the person's livestock, domestic animals, or
pets. (b) The person must report the gray wolf shot or trapped
under this subdivision to a conservation officer as soon as
practicable but no later than 48 hours after the gray wolf was shot
or trapped. The gray wolf must be disposed of as prescribed by the
commissioner. Subd. 9. Open season. There shall be no
open season for gray wolves for five years after the gray wolf is
delisted under the federal Endangered Species Act of 1973. After
that time, the commissioner may prescribe open seasons and
restrictions for taking gray wolves but must provide opportunity for
public comment. Subd. 10. Release of wolf-dog hybrids and
captive gray wolves. A person may not release a wolf-dog hybrid.
A person may not release a captive gray wolf without a permit from
the commissioner. Subd. 11. Federal law.
Notwithstanding the provisions of this section, a person may not
take, harass, buy, sell, possess, transport, or ship gray wolves in
violation of federal law. Subd. 12. Definitions. (a)
For purposes of this section, the terms used have the meanings given.(b) "Guard animal" means a donkey, llama, dog, or other domestic
animal specifically bred, trained, and used to protect livestock,
domestic animals, or pets from gray wolf depredation. (c)
"Immediate threat" means the observed behavior of a gray wolf in the
act of stalking, attacking, or killing livestock, a guard animal, or
a domestic pet under the supervision of the owner. If a gray wolf is
not observed stalking or attacking, the presence of a gray wolf
feeding on an already dead animal whose death was not caused by gray
wolves is not an immediate threat. (d) "Zone B" means all that
part of Minnesota south and west of a line beginning on state Trunk
Highway No. 48 at the eastern boundary of the state; thence westerly
along state Trunk Highway No. 48 to Interstate Highway No. 35; thence
northerly on Interstate Highway No. 35 to state Highway No. 23;
thence west one-half mile on state Highway No. 23 to state Trunk
Highway No. 18; thence westerly along state Trunk Highway No. 18 to
state Trunk Highway No. 65; thence northerly on state Trunk Highway
No. 65 to state Trunk Highway No. 210; thence westerly along state
Trunk Highway No. 210 to state Trunk Highway No. 6; thence northerly
on state Trunk Highway No. 6 to Emily; thence westerly along County
State-Aid Highway No. 1, Crow Wing County, to County State-Aid
Highway No. 2, Cass County; thence westerly along County State-Aid
Highway No. 2 to Pine River; thence northwesterly along state Trunk
Highway No. 371 to Backus; thence westerly along state Trunk Highway
No. 87 to U.S. Highway No. 71; thence northerly along U.S. Highway
No. 71 to state Trunk Highway No. 200; thence northwesterly along
state Trunk Highway No. 200 to County State-Aid Highway No. 2,
Clearwater County; thence northerly along County State-Aid Highway
No. 2 to Shevlin; thence along U.S. Highway No. 2 to Bagley; thence
northerly along state Trunk Highway No. 92 to Gully; thence northerly
along County State-Aid Highway No. 2, Polk County, to County
State-Aid Highway No. 27, Pennington County; thence along County
State-Aid Highway No. 27 to state Trunk Highway No. 1; thence
easterly along state Trunk Highway No. 1 to County State-Aid Highway
No. 28, Pennington County; thence northerly along County State-Aid
Highway No. 28 to County State-Aid Highway No. 54, Marshall County;
thence northerly along County State-Aid Highway No. 54 to Grygla;
thence west and northerly along state Highway No. 89 to Roseau;
thence northerly along state Trunk Highway No. 310 to the Canadian
border.
97B.646 Gray wolf management plan. The commissioner, in consultation with the
commissioner of agriculture, shall adopt a gray wolf management plan
that includes goals to ensure the long-term survival of the gray wolf
in Minnesota, to reduce conflicts between gray wolves and humans, to
minimize depredation of livestock and domestic pets, and to manage
the ecological impact of wolves on prey species and other predators.

97B.651 Unprotected mammals and birds. Mammals that are unprotected wild animals
and unprotected birds may be taken at any time and in any manner,
except with artificial lights, or by using a motor vehicle in
violation of section 97B.091.
Poison may not be used to take unprotected mammals or unprotected
birds unless the safety of humans and domestic livestock is ensured.
Unprotected mammals and unprotected birds may be possessed, bought,
sold, or transported in any quantity.
97B.655 Taking animals causing damage. Subdivision 1. Owners and
occupants may take certain animals. A person may take mink,
squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or
beaver on land owned or occupied by the person where the animal is
causing damage. The person may take the animal without a license and
in any manner except by poison, or artificial lights in the closed
season. Raccoons may be taken under this subdivision with artificial
lights during open season. A person that kills mink, raccoon,
bobcat, fox, opossum, muskrat, or beaver under this subdivision must
notify a conservation officer or employee of the Wildlife Division
within 24 hours after the animal is killed. Subd. 2.
Special permit for taking protected wild animals. The
commissioner may issue special permits under section 97A.401,
subdivision 5, to take protected wild animals that are damaging
property or to remove or destroy their dens, nests, houses, or dams.

97B.661 Removal of beaver from state lands. The commissioner may remove beaver
at state expense from state land if the county board where the land
is located adopts a resolution requesting the removal.
97B.665 Impairment of drainage by beaver dams. Subdivision 1. Agreement by
county board, landowner, and commissioner. (a) When a drainage
watercourse is impaired by a beaver dam, the commissioner shall take
action to remove the impairment, if: (1) the county board
unanimously consents; (2) the landowner approves; (3) the
commissioner agrees; and (4) the action is financially feasible.(b) In a county with unanimous consent of the county board of
commissioners and approval of the landowner, the department shall
take action agreed to by unanimous consent of the county board, the
commissioner, and the landowner. The action may include destruction
or alteration of beaver dams and removal of beaver. This subdivision
does not apply to state parks, state game refuges, and federal game
refuges. Subd. 2. Petition to district court. If a
beaver dam causes a threat to personal safety or a serious threat to
damage property, and a person cannot obtain consent under subdivision
1, a person may petition the district court for relief. The court
may order the commissioner to take action to reduce the threat. 97B.667 Removal of beaver dams and lodges by road authorities. When a
drainage watercourse is impaired by a beaver dam and the water
damages or threatens to damage a public road, the road authority, as
defined in section 160.02,
subdivision 25, may remove the impairment and any associated beaver
lodge within 300 feet of the road.
97B.671 Predator control program. Subdivision 1. Authorization to take
predators. If the commissioner determines that predators are
damaging domestic or wild animals and further damage can be
prevented, the commissioner shall authorize the taking of the
predators by predator controllers. The commissioner shall define the
area where the predators may be taken, the objectives to be achieved,
procedures for notifying predator controllers, payments to be made,
the methods to be used, and when the predator control shall cease.Subd. 2. Certification of predator controllers. (a) The
commissioner shall certify a person as a predator controller if the
person has not violated a provision of this section and meets
qualifications of experience, ability, and reliability. The
commissioner shall establish application procedures, prescribe forms,
and maintain a list of predator controllers. The application
procedures must include reports from conservation officers and other
department field personnel as to the ability and reliability of the
applicants. (b) The commissioner may revoke a certification if
the predator controller violates a provision of sections 97B.601
to 97B.671 or 97B.901
to 97B.945
or a rule of the commissioner relating to fur-bearing animals.
Subd. 3. Predator control payments. The commissioner shall
pay a predator controller the amount the commissioner prescribes for
each predator taken. The commissioner shall pay at least $25 but not
more than $60 for each coyote taken. The commissioner may require
the predator controller to submit proof of the taking and a signed
statement concerning the predators taken. Subd. 4. Gray
wolf control. (a) The commissioner shall provide a gray wolf
control training program for certified predator controllers
participating in gray wolf control. (b) After the gray wolf is
delisted under the federal Endangered Species Act of 1973, in zone B,
as defined under section 97B.645,
subdivision 12, if the commissioner, after considering
recommendations from an extension agent or conservation officer, has
verified that livestock, domestic animals, or pets were destroyed by
a gray wolf within the previous five years, and if the livestock,
domestic animal, or pet owner requests gray wolf control, the
commissioner shall open a predator control area for gray wolves.
(c) After the gray wolf is delisted under the federal Endangered
Species Act of 1973, in zone A, as defined under paragraph (g), if
the commissioner, after considering recommendations from an extension
agent or conservation officer, verifies that livestock, domestic
animals, or pets were destroyed by a gray wolf, and if the livestock,
domestic animal, or pet owner requests gray wolf control, the
commissioner shall open a predator control area for gray wolves for
up to 60 days. (d) A predator control area opened for gray
wolves may not exceed a one-mile radius surrounding the damage site.(e) The commissioner shall pay a certified gray wolf predator
controller $150 for each wolf taken. The certified gray wolf
predator controller must dispose of unsalvageable remains as directed
by the commissioner. All salvageable gray wolf remains must be
surrendered to the commissioner. (f) The commissioner may, in
consultation with the commissioner of agriculture, develop a
cooperative agreement for gray wolf control activities with the
United States Department of Agriculture. The cooperative agreement
activities may include, but not be limited to, gray wolf control,
training for state predator controllers, and control monitoring and
record keeping. (g) For the purposes of this subdivision, "zone
A" means that portion of the state lying outside of zone B, as
defined under section 97B.645,
subdivision 12.
97B.701 Protected birds. Subdivision 1. Taking of birds, nests, and eggs
must be authorized. Protected birds, their nests, and their eggs
may be taken only as authorized under the game and fish laws.
Subd. 2. Prohibited methods of taking. A person may not take
protected birds: (1) with a trap, net, or snare; (2) using
bird lime; (3) with a swivel or set gun; (4) by dragging a
rope, wire, or other device across a field; or (5) by using fire.Subd. 3. Recapture of released bob-white quail. Released
bob-white quail may be recaptured without a license. In Houston,
Fillmore, and Winona Counties, this subdivision applies only to birds
that are banded or otherwise marked. Subd. 4. Great horned
owl. A person who is authorized to take a great horned owl under
a federal permit does not need a state permit to take a great horned
owl.
97B.705 Restrictions on trapping birds. (a) Except as provided in this section, a
person may not take a bird with a steel jaw leg-hold trap mounted on
a pole, post, tree stump, or other perch more than three feet above
the ground. (b) A person that has a permit to take great horned
owls issued under United States Code, title 16, section 704, may trap
great horned owls from April 1 to October 15 if the person has a game
farm license or is the owner or operator of a poultry farm. The trap
must be a padded jaw trap mounted at a height so that the trapped owl
may rest on the ground. The trap must be tended at least twice
daily. Uninjured birds shall be released alive and injured birds
shall receive appropriate veterinary treatment.
97B.711 Game birds. Subdivision 1. Seasons for certain upland game birds.(a) The commissioner may, by rule, prescribe an open season in
designated areas between September 16 and January 3 for: (1)
pheasant; (2) ruffed grouse; (3) sharp tailed grouse; (4)
Canada spruce grouse; (5) prairie chicken; (6) gray
partridge; (7) bob-white quail; and (8) turkey. (b) The
commissioner may by rule prescribe an open season for turkey in the
spring. Subd. 2. Daily and possession limits for certain
upland game birds. (a) A person may not take more than five in
one day or possess more than ten of each of the following: (1)
pheasant; (2) ruffed grouse; (3) sharp tailed grouse; (4)
Canada spruce grouse; (5) prairie chicken; and (6) gray
partridge. (b) A person may not take more than ten in one day or
possess more than 15 bob-white quail. (c) The commissioner may,
by rule, reduce the daily and possession limits established in this
subdivision. Subd. 3. Restrictions. The commissioner
may by rule prescribe methods and other restrictions for the taking
of game birds.
97B.715 Pheasants. Subdivision 1. Stamp required. (a) Except as
provided in paragraph (b) or section 97A.405,
subdivision 2, a person required to possess a small game license may
not hunt pheasants without: (1) a pheasant stamp in possession;
and (2) a pheasant stamp validation on the small game license
when issued electronically. (b) The following persons are exempt
from this subdivision: (1) residents under age 18 or over age 65;(2) persons hunting on licensed commercial shooting preserves;
and (3) resident disabled veterans with a license issued under
section 97A.441,
subdivision 6a. Subd. 2. Daily and possession hen pheasant
limits. A person may not take more than one hen pheasant in one
day or possess more than two hen pheasants. Subd. 3.
Hunting hours. A person may not take pheasants between the
evening time that the commissioner establishes by rule and 9:00 a.m.

97B.716 Prairie chickens. Subdivision 1. License required. A person
may not take a prairie chicken without a prairie chicken license.Subd. 2. Tagging and registration. The commissioner may
by rule prescribe requirements for the tagging and registration of
prairie chickens. Subd. 3. Limited number of prairie
chicken hunters. The commissioner may establish a method,
including a drawing, to impartially select persons eligible to take
prairie chickens in an area. Preference must be given to persons who
have previously applied in the general selection but have not been
selected.
97B.721 License and stamp validation required to take turkey; tagging and registration requirements. (a) Except as provided in
paragraph (b) or section 97A.405,
subdivision 2, a person may not take a turkey without possessing a
turkey license and a turkey stamp validation. (b) The
requirement in paragraph (a) to have a turkey stamp validation does
not apply to persons under age 18. An unlicensed adult age 18 or
older may assist a licensed wild turkey hunter. The unlicensed adult
may not shoot or possess a firearm or bow while assisting a hunter
under this paragraph and may not charge a fee for the assistance.(c) The commissioner may by rule prescribe requirements for the
tagging and registration of turkeys.
97B.723 Commissioner may limit number of turkey hunters. The commissioner may
establish a method, including a drawing, to impartially select
persons eligible to take turkeys in an area. Preference must be
given to persons that have previously applied in the general
selection but have not been selected.
97B.725 Guiding hunters. A person may not guide turkey hunters for
compensation.
97B.731 Migratory birds. Subdivision 1. Migratory game birds. (a)
Migratory game birds may be taken and possessed. A person may not
take, buy, sell, possess, transport, or ship migratory game birds in
violation of federal law. (b) The commissioner shall prescribe
seasons and limits for migratory birds in accordance with federal
law. Subd. 2. Repealed, 2004 c 215 s 38 Subd. 3. Crow
season. The commissioner shall prescribe a 124-day open season
and restrictions for taking crows. The open season may not be
shorter than the maximum season allowed under federal law. The
remainder of the year crows may be taken as allowed by federal law.

97B.801 Minnesota migratory waterfowl stamp required. (a) Except as provided
in this section or section 97A.405,
subdivision 2, a person required to possess a small game license may
not take migratory waterfowl without: (1) a Minnesota migratory
waterfowl stamp in possession; and (2) a migratory waterfowl
stamp validation on the small game license when issued
electronically. (b) Residents under age 18 or over age 65;
resident disabled veterans with a license issued under section 97A.441,
subdivision 6a; and persons hunting on their own property are not
required to possess a stamp or a license validation under this
section.
97B.802 Special Canada goose season license required. Except as provided in
this section, a person required to possess a small game license may
not take Canada geese during a special season without a valid special
season Canada goose license in possession. Residents under age 18 or
over age 65 and persons hunting on their own property are not
required to possess the license.
97B.803 Migratory waterfowl seasons and limits. (a) The commissioner shall
prescribe seasons, limits, and areas for taking migratory waterfowl
in accordance with federal law. (b) The regular duck season may
not open before the Saturday closest to October 1.
97B.805 Restrictions on method of taking waterfowl on water. Subdivision
1. Hunter must be concealed. (a) A person may not take
migratory waterfowl, coots, or rails in open water unless the person
is: (1) within a natural growth of vegetation sufficient to
partially conceal the person or boat; (2) on a river or stream
that is not more than 100 yards in width; or (3) pursuing or
shooting wounded birds. (b) A person may not take migratory
waterfowl, coots, or rails in public waters from a permanent
artificial blind or sink box. Subd. 2. Restrictions on
watercraft. (a) A person using watercraft to take migratory
waterfowl must comply with subdivision 1. (b) Migratory
waterfowl may be taken from a watercraft propelled by motor or sails
only if the watercraft has stopped and the motor is shut off and the
sails are furled. (c) Migratory waterfowl may be taken from a
floating watercraft if the craft is drifting, beached, moored,
resting at anchor, or is being propelled by paddle, oars, or pole.Subd. 3. Unattended boats. During the open season for
waterfowl, a person may not leave an unattended boat used for hunting
waterfowl in public waters between sunset and one hour before
sunrise, unless the boat is adjacent to private land under the
control of the person and the water does not contain a natural growth
of vegetation sufficient to partially conceal a hunter or a boat.

97B.811 Decoys and blinds on public lands and waters. Subdivision 1.
Blinds and decoys prohibited before season. A person may not
erect a blind or place decoys in public waters or on public land more
than one hour before the open season for waterfowl. Subd. 2.Hours for placing decoys. Except as provided in subdivisions
3 and 4, a person may not place decoys in public waters or on public
lands more than one hour before lawful shooting hours for waterfowl.Subd. 3. Restrictions on leaving decoys unattended.
During the open season for waterfowl, a person may not leave decoys
in public waters between sunset and one hour before lawful shooting
hours or leave decoys unattended during other times for more than
four consecutive hours unless: (1) the decoys are in waters
adjacent to private land under the control of the hunter; and (2)
there is not natural vegetation growing in water sufficient to
partially conceal a hunter. Subd. 4. Decoys that are
navigational hazard prohibited. A person may not leave decoys in
public waters between sunset and one hour before lawful shooting
hours if the decoys constitute a navigational hazard. Subd. 4a.Restrictions on certain motorized decoys. From the opening
day of the duck season through the Saturday nearest October 8, a
person may not use a motorized decoy, or other motorized device
designed to attract migratory waterfowl. During the remainder of the
duck season, the commissioner may, by rule, designate all or any
portion of a wetland or lake closed to the use of motorized decoys or
motorized devices designed to attract migratory waterfowl. On water
bodies and lands fully contained within wildlife management area
boundaries, a person may not use motorized decoys or motorized
devices designed to attract migratory waterfowl at any time during
the duck season. Subd. 5. Rules governing blinds. The
commissioner may adopt rules for the use of blinds on public lands
and public waters.
97B.901 Registration and tagging of fur-bearing animals. (a) The commissioner
may, by rule, require persons taking, possessing, and transporting
fur-bearing animals to tag the animals. The commissioner shall
prescribe the manner of issuance and the type of tag, which must show
the year of issuance. The commissioner shall issue the tag, without
a fee, upon request. (b) The pelt of each bobcat, fisher, pine
marten, and otter must be presented, by the person taking it, to a
state wildlife manager designee for registration before the pelt is
sold and before the pelt is transported out of the state, but in no
event more than 48 hours after the season closes for the species.

97B.905 Fur dealer's licenses. Subdivision 1. License requirement. (a) A
person may not buy or sell raw furs without a fur buying and selling
license, except: (1) a taxidermist licensed under section 97A.475,
subdivision 19, and a fur manufacturer are not required to have a
license to buy raw furs from a person with fur buying and selling
licenses; and (2) a person lawfully entitled to take fur-bearing
animals is not required to have a license to sell raw furs to a
person with a fur buying and selling license. (b) An employee,
partner, or officer buying or selling only for a raw fur dealer
licensee at an established place of business licensed under section
97A.475,
subdivision 21, clause (a), may obtain a supplemental license under
section 97A.475,
subdivision 21, clause (b). Subd. 2. Nonresident
license. A nonresident must obtain a license under section 97A.475,
subdivision 22, to buy or sell raw furs within the state, except a
license is not required to buy from a person licensed under section
97A.475,
subdivision 21. Subd. 3. Bond required for fur buyer
license applicants. Applicants for a raw fur dealer's license
must, at the time of application for the license, furnish a corporate
surety bond in favor of the state for $1,000 payable upon violation
of the game and fish laws.
97B.911 Muskrat seasons. The commissioner may establish open seasons and
restrictions for taking muskrat.
97B.915 Mink seasons. The commissioner may establish open seasons and restrictions
for taking mink.
97B.921 Otter seasons. The commissioner may establish open seasons and
restrictions for taking otter.
97B.925 Beaver seasons. The commissioner may establish open seasons and
restrictions for taking beaver.
97B.926 Pine marten and fisher zone. Where a combined pine marten and fisher
trapping zone exists, the commissioner must provide an option of a
combined limit of fisher and marten.
97B.928 Identification of traps and snares. Subdivision 1.
Information required. (a) A person may not set or place a trap or
snare, other than on property owned or occupied by the person, unless
the following information is affixed to the trap or snare in a manner
that ensures that the information remains legible while the trap or
snare is on the lands or waters: (1) the number and state of the
person's driver's license; (2) the person's Minnesota
identification card number; or (3) the person's name and mailing
address. (b) The commissioner may not prescribe additional
requirements for identification of traps or snares. Subd. 2.Provisions not to apply. From April 1 to August 31, the trap
identification provisions of subdivision 1 do not apply to traps set
for the taking of unprotected wild animals. Subd. 3.
Penalty. A person who violates subdivision 1, paragraph (a), is
guilty of a petty misdemeanor.
97B.931 Tending traps. Subdivision 1. Restrictions. A person may
not tend a trap set for wild animals between 10:00 p.m. and 5:00 a.m.
Between 5:00 a.m. and 10:00 p.m. a person on foot may use a portable
artificial light to tend traps. While using a light in the field,
the person may not possess or use a firearm other than a handgun of
.22 caliber. Subd. 2. Body-gripping traps. A
body-gripping, conibear-type trap need not be tended more frequently
than once every third calendar day.
97B.935 Repealed, 2005 c 146 s 52
97B.941 Tampering with traps. A person may not remove or tamper with a trap
legally set to take fur-bearing animals or unprotected wild animals
without authorization. Authorized persons include the commissioner
and the owner or lessee of the land where the trap is located. 97B.945 Setting of traps near water restricted. A person may not set a trap
within 50 feet of any water other than temporary surface water within
30 days before the open season for mink and muskrat without a special
permit by the commissioner.
97B.951 Use of snares to take unprotected mammals. A snare set for an unprotected
mammal may not be left in place after March 31 except as authorized
by the commissioner for the predator control program under section 97B.671.

USA Statutes : minnesota