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SF 2759

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/23/2016 10:06am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to game and fish; modifying penalties for gross overlimits; providing
criminal penalties; amending Minnesota Statutes 2014, sections 97A.201,
subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338;
97A.420, subdivision 1; 97A.421, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 97A.201, subdivision 2, is amended to read:


Subd. 2.

Duty of deleted text begin county attorneys anddeleted text end peace officers.

deleted text begin County attorneys anddeleted text end All
peace officers must enforce the game and fish laws.

Sec. 2.

Minnesota Statutes 2014, section 97A.201, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin (a) County attorneys are the primary prosecuting
authority for violations under section 97A.205, clause (5).
 new text end

new text begin (b) Prosecution under paragraph (a) includes associated civil forfeiture actions
provided by law.
 new text end

Sec. 3.

Minnesota Statutes 2014, section 97A.301, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanor.

Unless a different penalty is prescribed, a person
is guilty of a misdemeanor if that person:

(1) takes, buys, sells, transports or possesses a wild animal in violation of the game
and fish laws;

(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or
requirement new text end of the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 4.

Minnesota Statutes 2014, section 97A.338, is amended to read:


97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in
closed season, or without a valid license, when the restitution value of the wild animals
is over $1,000 is guilty of a gross overlimit violation. A violation under this section
is a gross misdemeanor.

new text begin (b) If a wild animal involved in the violation under this section is listed as a threatened
or endangered wild animal, the penalty in paragraph (a) does not apply unless more than
one animal is taken, possessed, or transported in violation of the game and fish laws.
 new text end

Sec. 5.

Minnesota Statutes 2014, section 97A.420, subdivision 1, is amended to read:


Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the
license of a person who unlawfully takes, transports, or possesses wild animals when the
restitution value of the wild animals exceeds $500. Except as provided in subdivisions
2, 4, and 5, the person may not use or obtain any license to take the same type of wild
animals involved, including a duplicate license, until an action is taken under subdivision
6. If the license seized under this paragraph was for a big game animal, the license seizure
applies to all licenses to take big game issued to the individual. If the license seized under
this paragraph was for small game animals, the license seizure applies to all licenses to
take small game issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of
the wild animals unlawfully taken, possessed, or transported is deleted text begin $5,000deleted text end new text begin $1,000new text end or more, all
other game and fish licenses held by the person shall be immediately seized. Except as
provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or
permit, including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this
subdivision until an action is taken under subdivision 6.

Sec. 6.

Minnesota Statutes 2014, section 97A.421, subdivision 2a, is amended to read:


Subd. 2a.

License revocation after conviction.

(a) new text begin A person may not obtain a
license to take a wild animal and is prohibited from taking wild animals for a period
of ten years after the date of conviction of a violation when the restitution value of the
wild animals is $2,000 or more.
new text end

new text begin (b) new text end A person may not obtain a license to take a wild animal and is prohibited from
taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is deleted text begin $5,000deleted text end new text begin $1,000new text end or
morenew text begin , but less than $2,000new text end ; or

(2) a violation when the restitution value of the wild animals exceeds $500 and
the violation occurs within ten years of one or more previous license revocations under
this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end .

deleted text begin (b)deleted text end new text begin (c)new text end A person may not obtain a license to take the type of wild animals involved in
a violation when the restitution value of the wild animals exceeds $500 and is prohibited
from taking the type of wild animals involved in the violation for a period of three years
after the date of conviction of a violation.

deleted text begin (c)deleted text end new text begin (d)new text end The time period of multiple revocations under paragraph (a), new text begin or paragraph
(b), new text end clause (2), shall be consecutive and no wild animals of any kind may be taken during
the entire period.

new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered
wild animal, the revocations specified under this subdivision do not apply unless more
than one animal is taken, possessed, or transported in violation of the game and fish laws.
 new text end

deleted text begin (d)deleted text end new text begin (f)new text end The court may not stay or reduce the imposition of license revocation
provisions under this subdivision.