Minnesota Legislature
HF 2243
as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2017 11:36am
Bill Text Versions
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| Introduction | Posted on 03/08/2017 |
Current Version - as introduced
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A bill for an act
relating to game and fish; modifying requirements for certain traps; requiring
certain permission for traps and snares set; requiring reporting; requiring license
forfeiture for certain violations; providing criminal penalties; amending Minnesota
Statutes 2016, sections 97A.421, subdivision 1; 97B.903; 97B.931, subdivision
2, by adding a subdivision; 97B.951; proposing coding for new law in Minnesota
Statutes, chapter 97B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 97A.421, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) The annual license of a person convicted of a violation of
the game and fish laws relating to the license or wild animals covered by the license is void
when:
(1) a second conviction occurs within three years under a license to trap fur-bearing
animals, take small game, or to take fish by angling or spearing;
(2) a third conviction occurs within one year under a minnow dealer's license;
(3) a second conviction occurs within three years for violations of section 97A.425 that
do not involve falsifications or intentional omissions of information required to be recorded,
or attempts to conceal unlawful acts within the records;
(4) two or more misdemeanor convictions occur within a three-year period under a
private fish hatchery license;
(5) the conviction occurs under a license not described in clause (1), (2), or (4) or is for
a violation of section 97A.425 not described in clause (3); deleted text begin or
deleted text end
(6) the conviction is related to assisting a person in the illegal taking, transportation, or
possession of wild animals, when acting as a hunting or angling guidedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(7) the conviction is for violation of one of the following trapping-related sections:
97B.903, paragraph (b); 97B.930, paragraph (a); 97B.931, subdivision 3; or 97B.951,
paragraph (b).
new text end
(b) Except for big-game licenses and as otherwise provided in this section, for one year
after the conviction the person may not obtain the kind of license or take wild animals under
a lifetime license, issued under section 97A.473 or 97A.474, relating to the game and fish
law violation.
Sec. 2.
Minnesota Statutes 2016, section 97B.903, is amended to read:
97B.903 USE OF BODY-GRIPPING TRAPS.
new text begin (a) new text end A person may not set, place, or operate, except as a new text begin completely submerged new text end waterset,
a body-gripping deleted text begin or conibear-typedeleted text end trap deleted text begin on public lands and watersdeleted text end that has a maximum jaw
opening when set greater than deleted text begin 6-1/2deleted text end new text begin 4-1/2new text end inches deleted text begin and less than 7-1/2 inchesdeleted text end measured from
the inside edges of the body-gripping portions of the jaws, deleted text begin unlessdeleted text end new text begin except body-gripping
traps greater than 4-1/2 inches and less than 7-1/2 inches may be used in the following
manner on landnew text end :
(1) the trap is in a baited or unbaited enclosure new text begin securely fastened in an upright position
with a single opening on top that is 50 square inches or less, the top of the enclosure is at
least four feet above the ground or snowpack, new text end and the trap trigger is recessed deleted text begin sevendeleted text end new text begin 12new text end inches
or more from the top deleted text begin and frontmost portion of the open enddeleted text end of the enclosure;
(2) deleted text begin no bait, lure, or other attractant is placed within 20 feet ofdeleted text end the trapnew text begin is in a baited or
unbaited enclosure with an opening that is 25 square inches or less, the trap trigger is recessed
12 inches or more from the closest edge of the opening of the enclosure, and the opening
is placed on the top or side of the enclosurenew text end ; or
(3) the trap is elevated at least deleted text begin threedeleted text end new text begin fivenew text end feet above the surface of the ground or snowpack.
new text begin
(b) A person setting or placing a body-gripping trap in the public road right-of-way must
notify the adjoining landowner. In addition to other penalties provided under section 97A.421,
a person convicted of violating this paragraph may not obtain a license to trap for two years
from the date of a first conviction and may not obtain a license to trap for five years from
the date of each subsequent conviction.
new text end
Sec. 3.
new text begin
[97B.904] ENCAPSULATED FOOT TRAPS.
new text end
new text begin
A person may set, place, or operate an encapsulated foot trap only when:
new text end
new text begin
(1) the triggering mechanism can be activated only by a pulling force;
new text end
new text begin
(2) no animal or fish products are used as bait;
new text end
new text begin
(3) plugs inserted in the trap have a minimum distance of 1-1/2 inches when set; and
new text end
new text begin
(4) the plug caps do not exceed the outside diameter of the trap tube by more than one-half
inch.
new text end
Sec. 4.
new text begin
[97B.930] REPORTING DOG OR COLLARED ANIMALS TAKEN;
ANNUAL REPORT.
new text end
new text begin
(a) A person who finds a dog or collared animal taken in the person's trap or snare must
notify a conservation officer or employee of the Department of Natural Resources Fish and
Wildlife Division within 24 hours after the animal is discovered by the person or the taking
is reported to the person. A person who violates this paragraph is guilty of a misdemeanor
and subject to section 97A.421.
new text end
new text begin
(b) By March 1 each year, the commissioner shall report to the legislature, as provided
in section 3.195, on takings reported under paragraph (a) for the previous calendar year.
new text end
new text begin
(c) In addition to other penalties provided under this section and section 97A.421, a
person who kills a dog or collared animal in a body-gripping trap or snare and is convicted
of setting an illegal body-gripping trap or snare may not obtain a license to trap for five
years from the date of conviction.
new text end
Sec. 5.
Minnesota Statutes 2016, section 97B.931, subdivision 2, is amended to read:
Subd. 2.
Body-gripping traps.
new text begin Except as provided under subdivision 3, new text end a body-grippingdeleted text begin ,
conibear-typedeleted text end trap need not be tended more frequently than once every third calendar day.
Sec. 6.
Minnesota Statutes 2016, section 97B.931, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Trap-tending interval; nondrowning sets. new text end
new text begin
Any trap capable of capturing a
protected wild animal and not capable of drowning the animal must be tended at least once
each calendar day, and any animal captured must be removed from the trap. In addition to
other penalties provided under section 97A.421, a person who violates this subdivision may
not obtain a license to trap for two years from the date of a first conviction and may not
obtain a license to trap for five years from the date of each subsequent conviction.
new text end
Sec. 7.
Minnesota Statutes 2016, section 97B.951, is amended to read:
97B.951 USE OF SNARES deleted text begin TO TAKE UNPROTECTED MAMMALSdeleted text end .
new text begin (a) new text end 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.
new text begin
(b) A person must not place, set, or operate a snare in violation of the following
requirements:
new text end
new text begin
(1) for nonrelaxing, spring-powered, or spring-assisted snares, the snare must be
completely submerged in water; and
new text end
new text begin
(2) for nonlethal cable restraints on land, the snare must:
new text end
new text begin
(i) not have an entanglement larger than one-half inch diameter within reach of the cable
restraint;
new text end
new text begin
(ii) not have a cable length exceeding seven feet;
new text end
new text begin
(iii) include a breakaway device or stop rated at 285 pounds or less; and
new text end
new text begin
(iv) include a relaxing reverse-bend washer lock with a minimum outside diameter of
1-1/4 inches.
new text end
new text begin
(c) In addition to other penalties provided under section 97A.421, a person who violates
paragraph (b) may not obtain a license to trap for two years from the date of a first conviction
and may not obtain a license to trap for five years from the date of each subsequent
conviction.
new text end
new text begin
(d) For the purposes of this section, an "entanglement" means a tree, stump, or other
object, including fences, around which an animal in a cable restraint could tangle the cable
and choke itself.
new text end