Minnesota Legislature
SF 222
1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to natural resources; establishing penalties 1.3 for gross overlimit violations of fish and game laws; 1.4 setting certain restitution values; providing criminal 1.5 penalties; requiring fish and game license seizure for 1.6 gross overlimits violations; establishing possession 1.7 criteria for commercial fishing operations; modifying 1.8 commercial license reinstatement provisions; amending 1.9 Minnesota Statutes 2000, sections 97A.015, by adding 1.10 subdivisions; 97A.225, subdivision 1; 97A.255, by 1.11 adding a subdivision; 97A.341, subdivision 1; 97A.345; 1.12 97A.421, subdivision 5, by adding a subdivision; 1.13 97C.505, by adding a subdivision; proposing coding for 1.14 new law in Minnesota Statutes, chapters 97A; 97C. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2000, section 97A.015, is 1.17 amended by adding a subdivision to read: 1.18 Subd. 17a. [ENDANGERED ANIMAL SPECIES.] "Endangered animal 1.19 species" are those animals designated as endangered under 1.20 section 84.0895, subdivision 3. 1.21 Sec. 2. Minnesota Statutes 2000, section 97A.015, is 1.22 amended by adding a subdivision to read: 1.23 Subd. 47a. [THREATENED ANIMAL SPECIES.] "Threatened animal 1.24 species" are those animals designated as threatened under 1.25 section 84.0895, subdivision 3. 1.26 Sec. 3. Minnesota Statutes 2000, section 97A.015, is 1.27 amended by adding a subdivision to read: 1.28 Subd. 48a. [TROPHY ANIMAL.] (a) "Trophy animal" means: 1.29 (1) for deer, elk, and moose as an animal with antlers that 1.30 meet or exceed the score specified in items (i) to (iv) when 2.1 measured using the Boone and Crockett Club's official scoring 2.2 system for North American big game trophies (Nesbitt, W.H. and 2.3 J. Reneau, eds., Records of North American Big Game, Ninth 2.4 Edition, The Boone and Crockett Club, Dumfries, VA, 1988, 498 2.5 pp.). This scoring system is incorporated by reference and is 2.6 available through the Minitex interlibrary loan system and is 2.7 not subject to frequent change: 2.8 (i) white-tailed deer (typical), score of 135; 2.9 (ii) white-tailed deer (nontypical), score of 160; 2.10 (iii) moose, score of 145; and 2.11 (iv) elk, score of 260; and 2.12 (2) for black bear as an animal with a skull that meets or 2.13 exceeds a score of 20 using the Boone and Crockett Club's 2.14 official scoring system for North American big game trophies 2.15 (id.). 2.16 (b) For the purposes of this definition, the antlers or 2.17 skulls may be measured at any time; no drying period is required. 2.18 Sec. 4. Minnesota Statutes 2000, section 97A.225, 2.19 subdivision 1, is amended to read: 2.20 Subdivision 1. [SEIZURE.] (a) An enforcement officer must 2.21 seize all motor vehicles used to: 2.22 (1) shine wild animals in violation of section 97B.081, 2.23 subdivision 1; 2.24 (2) transport big game animals illegally taken or 2.25 fur-bearing animals illegally purchased; or 2.26 (3) transport minnows in violation of section 97C.501, 2.27 97C.515, or 97C.525. 2.28 (b) An enforcement officer must seize all boats and motors 2.29 used in netting fish on Lake of the Woods, Rainy Lake, Lake 2.30 Superior, Namakan Lake, and Sand Point Lake in violation of 2.31 licensing or operating requirements of section 97A.475, 2.32 subdivision31, 32, 33, or 3730, 97C.825, 97C.831, or 97C.835, 2.33 or a rule of the commissioner relating to these provisions. 2.34 (c) An enforcement officer may seize all motor vehicles, 2.35 including boats and motors with their trailers, that are used to 2.36 take, possess, or transport a first or second degree gross 3.1 overlimit of wild animals under section 97A.338. 3.2 Sec. 5. Minnesota Statutes 2000, section 97A.255, is 3.3 amended by adding a subdivision to read: 3.4 Subd. 5. [GROSS OVERLIMIT; JOINT AND SEVERAL 3.5 LIABILITY.] When two or more people intentionally aid, advise, 3.6 counsel, conspire with, or act in concert with each other to 3.7 unlawfully take, transport, or possess a gross overlimit of wild 3.8 animals, under section 97A.338, each person is jointly and 3.9 severally liable for the wild animals for purposes of: 3.10 (1) license seizure and revocation under sections 97A.420 3.11 and 97A.421; 3.12 (2) equipment and property seizure under section 97A.221; 3.13 (3) motor vehicle and boat seizure under section 97A.225; 3.14 and 3.15 (4) restitution under section 97A.341. 3.16 Sec. 6. [97A.338] [GROSS OVERLIMITS OF WILD ANIMALS; 3.17 PENALTY.] 3.18 Subdivision 1. [FIRST DEGREE GROSS OVERLIMIT VIOLATION.] A 3.19 person who takes, possesses, or transports wild animals over the 3.20 legal limit, in closed season, or without a valid license, when 3.21 the restitution value of the wild animals is $5,000 or more, is 3.22 guilty of a first degree gross overlimit violation. 3.23 Subd. 2. [SECOND DEGREE GROSS OVERLIMIT VIOLATION.] A 3.24 person who takes, possesses, or transports wild animals over the 3.25 legal limit, in closed season, or without a valid license, when 3.26 the restitution value of the wild animals is at least $1,500 but 3.27 less than $5,000, is guilty of a second degree gross overlimit 3.28 violation. 3.29 Subd. 3. [THIRD DEGREE GROSS OVERLIMIT VIOLATION.] A 3.30 person who takes, possesses, or transports wild animals over the 3.31 legal limit, in closed season, or without a valid license, when 3.32 the restitution value of the wild animals is more than $500 but 3.33 less than $1,500, is guilty of a third degree gross overlimit 3.34 violation. 3.35 Subd. 4. [GROSS MISDEMEANOR.] A violation under this 3.36 section is a gross misdemeanor. 4.1 Subd. 5. [VALUES FOR WILD ANIMALS.] The restitution value 4.2 for a wild animal under this section and section 97A.420 is: 4.3 (1) the value established under section 97A.345; or 4.4 (2) the value determined by the court under section 4.5 97A.341, subdivision 4, if the value is not established under 4.6 section 97A.345. 4.7 Sec. 7. Minnesota Statutes 2000, section 97A.341, 4.8 subdivision 1, is amended to read: 4.9 Subdivision 1. [LIABILITY FOR RESTITUTION.] A person who 4.10 kills, injures, or possesses a wild animal in violation of the 4.11 game and fish laws is liable to the state for the value of the 4.12 wild animal as provided in this section. Species afforded 4.13 protection include members of the following groups as defined by 4.14 statute or rule: game fish, game birds, big game, small game, 4.15 fur-bearing animals, minnows, and threatened and endangered 4.16 animal species.Other animal species may be added by rule of4.17the commissioner as determined after public meetings and4.18notification of the chairs of the environment and natural4.19resources committees in the senate and house of representatives.4.20 Sec. 8. Minnesota Statutes 2000, section 97A.345, is 4.21 amended to read: 4.22 97A.345 [RESTITUTION VALUE OF WILD ANIMALS.] 4.23 Subdivision 1. [PURPOSE; REPORT.] (a) Thecommissioner4.24may, by rules adopted under chapter 14, prescribe the dollar4.25value to the state of species of wild animals. The value4.26mayrestitution values established under this section reflect 4.27 the value to other persons to legally take the wild animal, the 4.28 replacement cost, or the intrinsic value to the state of the 4.29 wild animals.Species of wild animals with similar values may4.30be grouped together.4.31 (b) The value of a wild animal underthe rules adopted by4.32the commissionerthis section is prima facie evidence of a wild 4.33 animal's value under section 97A.341. 4.34 (c) The commissioner shall report annually to the 4.35 legislature the amount of restitution collected under section 4.36 97A.341 and the manner in which the funds were expended. 5.1 Subd. 2. [GAME BIRDS.] The restitution values for game 5.2 bird species are as follows: 5.3 (1) turkey (wild), $400; 5.4 (2) pheasant, $50; 5.5 (3) quail, $50; 5.6 (4) chukar partridge, $50; 5.7 (5) gray partridge, $50; 5.8 (6) ruffed grouse, $50; 5.9 (7) sharp-tailed grouse, $50; 5.10 (8) spruce grouse, $50; 5.11 (9) greater prairie chicken, $500; 5.12 (10) American woodcock, $50; 5.13 (11) common snipe, $50; 5.14 (12) sora, Virginia rails, $50; 5.15 (13) gallinules, $50; 5.16 (14) coot, $25; 5.17 (15) ducks and mergansers, except canvasback, $50; 5.18 (16) canvasback, $100; 5.19 (17) geese, $50; 5.20 (18) tundra swan, $200; and 5.21 (19) trumpeter swan, $1,200. 5.22 Subd. 3. [BIG GAME ANIMALS.] (a) Except as provided in 5.23 paragraph (b), the restitution values for big game species are 5.24 as follows: 5.25 (1) deer, $500; 5.26 (2) elk, $1,000; 5.27 (3) caribou, $1,000; 5.28 (4) moose, $1,000; 5.29 (5) pronghorn antelope, $500; and 5.30 (6) black bear, $400. 5.31 (b) The restitution values for deer, elk, moose, and bear 5.32 may be increased to twice the amount listed in this subdivision 5.33 if the animal is a trophy animal. 5.34 Subd. 4. [SMALL GAME.] The restitution values for small 5.35 game species other than game birds are as follows: 5.36 (1) cottontail rabbit, $20; 6.1 (2) jack rabbit, $20; 6.2 (3) snowshoe hare, $20; 6.3 (4) fox and gray squirrel, $20; 6.4 (5) red and gray fox, $30; 6.5 (6) wolverine, $1,000; 6.6 (7) badger, $100; 6.7 (8) otter, $100; 6.8 (9) pine marten, $100; 6.9 (10) fisher, $100; 6.10 (11) mink, $30; 6.11 (12) raccoon, $30; 6.12 (13) beaver, $30; 6.13 (14) muskrat, $30; 6.14 (15) opossum, $30; 6.15 (16) bobcat, $100; 6.16 (17) lynx, $500; and 6.17 (18) cougar, $1,000. 6.18 Subd. 5. [ENDANGERED ANIMAL SPECIES.] The restitution 6.19 values for endangered animal species are as follows: 6.20 (1) mammals and birds, $4,000; and 6.21 (2) all other animals, $2,000. 6.22 Subd. 6. [THREATENED ANIMAL SPECIES.] The restitution 6.23 values for threatened animal species are as follows: 6.24 (1) mammals and birds, $2,000; and 6.25 (2) all other animals, $500. 6.26 Subd. 7. [GRAY WOLVES.] The restitution value for gray 6.27 wolves is $1,400. 6.28 Subd. 8. [FISH.] (a) Except as provided in subdivision 9 6.29 for fish species that do not have a designated quality size, or 6.30 for fish that have a total length equal to or less than the 6.31 designated quality size, the restitution value is the base value 6.32 shown in the following table. For fish that have a length that 6.33 exceeds the designated quality size, the restitution value is 6.34 the base value plus $10 for every inch over the quality size. 6.35 Base Quality size 6.36 Value in inches 7.1 (1) walleye $ 30 22 7.2 (2) sauger 30 15 7.3 (3) northern pike 30 32 7.4 (4) black bass (largemouth, 7.5 smallmouth) 30 16 7.6 (5) sunfish (bluegill, pumpkinseed, 7.7 green sunfish, orange spotted 7.8 sunfish, longear sunfish, 7.9 warmouth, hybrid sunfish) 5 8 7.10 (6) white and black crappie 5 11 7.11 (7) yellow perch 10 10 7.12 (8) rock bass 5 8 7.13 (9) white bass, yellow bass 5 9 7.14 (10) channel catfish 10 26 7.15 (11) flathead catfish 25 28 7.16 (12) chinook salmon 50 28 7.17 (13) coho, Atlantic salmon 30 20 7.18 (14) kokanee, pink, other salmon 30 17 7.19 (15) lake trout 50 22 7.20 (16) splake 50 15 7.21 (17) brook trout 30 17 7.22 (18) brown trout 30 21 7.23 (19) rainbow (steelhead) trout 30 23 7.24 (20) paddlefish 500 7.25 (21) lake sturgeon 500 7.26 (22) shovelnose sturgeon 200 7.27 (23) sturgeon hybrids same value as 7.28 morphologically 7.29 nearest parent 7.30 (b) The restitution values for muskellunge are as follows: 7.31 (1) 0 to less than 30 inches, $40; 7.32 (2) 30 to less than 40 inches, $200; 7.33 (3) 40 to less than 50 inches, $500; and 7.34 (4) 50 inches and over, $1,000 plus $100 for each inch over 7.35 50 inches. 7.36 Subd. 9. [FINGERLINGS.] The restitution value for fish 8.1 listed in subdivision 8 that are less than four inches in length 8.2 is $1 per fish. 8.3 Subd. 10. [MINNOWS.] The restitution values for minnows 8.4 are as follows: 8.5 (1) cyprinidae, fair market value at time of violation; 8.6 (2) umbridae, 50 cents a pound; 8.7 (3) catostomidae, 50 cents a pound; 8.8 (4) bullhead (seven inches or less), 50 cents a pound; 8.9 (5) cisco (seven inches or less), 50 cents a pound; 8.10 (6) lake white fish (seven inches or less), $1 a pound; 8.11 (7) goldeyes and mooneyes (seven inches or less), 50 cents 8.12 a pound; and 8.13 (8) leeches, fair market value at time of violation. 8.14 Sec. 9. [97A.420] [SEIZURE OF LICENSES FOR GROSS OVERLIMIT 8.15 VIOLATIONS.] 8.16 Subdivision 1. [SEIZURE.] (a) An enforcement officer shall 8.17 immediately seize the license of a person who unlawfully takes, 8.18 transports, or possesses wild animals when the restitution value 8.19 of the wild animals exceeds $500. Except as provided in 8.20 subdivisions 2, 4, and 5, the person may not obtain any license 8.21 to take the same type of wild animals involved, including a 8.22 duplicate license, until an action is taken under subdivision 6. 8.23 (b) In addition to the license seizure under paragraph (a), 8.24 if the restitution value of the wild animals unlawfully taken, 8.25 possessed, or transported is $1,500 or more, all other game and 8.26 fish licenses held by the person shall be immediately seized. 8.27 Except as provided in subdivision 2, 4, or 5, the person may not 8.28 obtain any game or fish license or permit, including a duplicate 8.29 license, until an action is taken under subdivision 6. 8.30 (c) A person may not take wild animals covered by a license 8.31 seized under this subdivision until an action is taken under 8.32 subdivision 6. 8.33 Subd. 2. [ADMINISTRATIVE REVIEW.] (a) At any time after 8.34 the seizure of a license under subdivision 1 and before 8.35 revocation under section 97A.421, a person may request in 8.36 writing a review of the seizure under this section. Upon 9.1 receiving the request for review, the commissioner shall review 9.2 the seizure, the evidence upon which it was based, and other 9.3 material information brought to the attention of the 9.4 commissioner, and determine whether sufficient cause exists to 9.5 sustain the seizure. 9.6 (b) Within 15 days after receiving the request for 9.7 administrative review, the commissioner shall issue a written 9.8 report of the review and shall order that the seizure be either 9.9 sustained or rescinded. 9.10 (c) The review provided in this subdivision is not subject 9.11 to the contested case provisions of the Administrative Procedure 9.12 Act under chapter 14. The availability of administrative review 9.13 does not have an effect upon the availability of judicial review 9.14 under this section. 9.15 Subd. 3. [JUDICIAL REVIEW.] (a) Within 30 days following 9.16 the seizure of a license under subdivision 1, a person may 9.17 petition the court for review. The petition must be filed with 9.18 the district court administrator in the county where the 9.19 incident occurred, together with proof of service of a copy on 9.20 the commissioner and the county attorney. A responsive pleading 9.21 is not required of the commissioner of natural resources, and 9.22 court fees may not be charged for the appearance of the 9.23 representative of the commissioner in the matter. 9.24 (b) The petition must be captioned in the name of the 9.25 person making the petition as petitioner and the commissioner as 9.26 respondent. The petition must state specifically the grounds 9.27 upon which the petitioner seeks rescission of the license 9.28 seizure. 9.29 (c) The filing of the petition does not stay the license 9.30 seizure. The judicial review shall be conducted according to 9.31 the Rules of Civil Procedure. 9.32 Subd. 4. [HEARING.] (a) A hearing under subdivision 3 must 9.33 be before a district court judge in the county where the 9.34 incident occurred giving rise to the license seizure. The 9.35 hearing must be to the court and may be conducted at the same 9.36 time as hearings upon pretrial motions in a related criminal 10.1 prosecution. The hearing must be recorded. The commissioner 10.2 must be represented by the county attorney. 10.3 (b) The hearing must be held at the earliest practicable 10.4 date and in any event no later than 60 days following the filing 10.5 of the petition for review. 10.6 (c) The scope of the hearing must be limited to the issue 10.7 of whether the officer had probable cause to believe that the 10.8 person violated section 97A.338. 10.9 (d) The court shall order that the license seizure be 10.10 either sustained or rescinded. Within 14 days following the 10.11 hearing, the court shall forward a copy of the order to the 10.12 commissioner. 10.13 (e) Any party aggrieved by the decision of the reviewing 10.14 court may appeal the decision as provided in the Rules of Civil 10.15 Appellate Procedure. 10.16 Subd. 5. [TEMPORARY RELEASE OF COMMERCIAL LICENSES.] At 10.17 any time during the period that a game or fish license is seized 10.18 under subdivision 1, a person possessing a commercial license 10.19 issued under the game and fish laws may make a written request 10.20 to the commissioner to temporarily release the commercial 10.21 license. If the commissioner determines that the public welfare 10.22 will not be injured, the commissioner may temporarily reinstate 10.23 the commercial license upon payment of a temporary reinstatement 10.24 fee of $1,000 for each commercial license to be released. If 10.25 the license is returned under subdivision 6, paragraph (a), the 10.26 temporary reinstatement fee shall be returned to the licensee. 10.27 If the license is revoked under subdivision 6, paragraph (b), 10.28 the temporary reinstatement fee shall be deposited in the game 10.29 and fish fund and is not refundable. 10.30 Subd. 6. [RETURN OR REVOCATION OF LICENSES UPON DISMISSAL 10.31 OR CONVICTION.] (a) Upon acquittal, dismissal, or determination 10.32 not to charge a person for a gross overlimit violation under 10.33 section 97A.338, the license seizure under subdivision 1 is 10.34 immediately rescinded and any license seized in connection with 10.35 the incident must be returned to the licensee. 10.36 (b) Upon conviction of a gross overlimit violation under 11.1 section 97A.338, revocation of licenses and license privileges 11.2 must be imposed as provided under section 97A.421, subdivision 11.3 2a. 11.4 Sec. 10. Minnesota Statutes 2000, section 97A.421, is 11.5 amended by adding a subdivision to read: 11.6 Subd. 2a. [ISSUANCE OF LICENSE AFTER GROSS OVERLIMIT 11.7 CONVICTION.] (a) A person may not obtain a license to take a 11.8 wild animal and is prohibited from taking wild animals for a 11.9 period of ten years after the date of conviction of the first 11.10 degree overlimit violation under section 97A.338, subdivision 1. 11.11 (b) A person may not obtain a license to take a wild animal 11.12 and is prohibited from taking wild animals for a period of five 11.13 years after the date of conviction of the second degree 11.14 overlimit violation under section 97A.338, subdivision 2. 11.15 (c) A person may not obtain a license to take the type of 11.16 wild animals involved in a third degree overlimit violation 11.17 under section 97A.338, subdivision 3, and is prohibited from 11.18 taking the type of wild animals involved in the violation for a 11.19 period of three years after the date of conviction of the third 11.20 degree overlimit violation. 11.21 (d) Any license revocation imposed under this subdivision 11.22 within ten years of one or more previous license revocations 11.23 under this subdivision shall be advanced one degree for each 11.24 previous license revocation. The time period of the revocations 11.25 shall be consecutive and no wild animals of any kind may be 11.26 taken during the entire period. 11.27 (e) The court may not stay or reduce the imposition of 11.28 license revocation provisions under this subdivision. 11.29 Sec. 11. Minnesota Statutes 2000, section 97A.421, 11.30 subdivision 5, is amended to read: 11.31 Subd. 5. [COMMISSIONER MAY REINSTATE CERTAIN LICENSES 11.32 AFTER CONVICTION.] If the commissioner determines that the 11.33 public welfare will not be injured, the commissioner may 11.34 reinstate licenses voided under subdivision 1 and issue licenses 11.35 to persons ineligible under subdivision 2 or 2a. The 11.36 commissioner's authority applies only to licenses to: 12.1 (1) maintain and operate fur or game farms, aquatic farms, 12.2 or private fish hatcheries; 12.3 (2) take fishcommercially in Lake of the Woods, Rainy12.4Lake, Namakan Lake, or Lake Superiorby commercial netting; 12.5 (3) buy fish fromLake of the Woods, Rainy Lake, Namakan12.6Lake, or Lake Superior commercial fishingcommercial netting 12.7 licensees; and 12.8 (4) sell or export turtles or live minnows. 12.9 Sec. 12. Minnesota Statutes 2000, section 97C.505, is 12.10 amended by adding a subdivision to read: 12.11 Subd. 8. [POSSESSION FOR MINNOW DEALERS.] When nets and 12.12 traps are lawfully set and tended, minnows and incidentally 12.13 taken gamefish under four inches in length will not be 12.14 considered to be in possession until the minnows or gamefish are 12.15 placed on a motor vehicle or trailer for transport on land. 12.16 Sec. 13. [97C.843] [POSSESSION FOR COMMERCIAL NETTING.] 12.17 (a) When commercial seining nets are lawfully set and 12.18 tended, the fish are considered to be in possession of the 12.19 operator when placed in a bag or crib for later transport or 12.20 when the fish are placed on a motor vehicle or trailer for 12.21 transport on land. 12.22 (b) When commercial gillnets are lawfully set and tended, 12.23 the fish are considered to be in possession upon reaching a 12.24 landing, dock, or port. Any incidentally taken gamefish must be 12.25 tagged or immediately returned to the water while fish are being 12.26 sorted for transport to a landing, dock, or port. 12.27 (c) When commercial hoopnets, fyke nets, or pound nets are 12.28 lawfully set and tended, the fish are considered to be in 12.29 possession when the fish are removed from the nets and bagged or 12.30 cribbed on the water for later transport or when the fish are 12.31 placed on a motor vehicle or trailer for transport on land. 12.32 Sec. 14. [EFFECTIVE DATE.] 12.33 Sections 1 to 13 are effective June 1, 2001, and the 12.34 criminal provisions apply to crimes committed on or after that 12.35 date.