SF 1325

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/20/2015 01:32pm

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 2014, sections 97A.421, subdivision 1; 97B.903; 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 2014, 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 guide new text begin ; or
new text end

new text begin (7) the conviction occurs for not reporting a taking under section 97B.930, paragraph
(a) 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 2014, section 97B.903, is amended to read:

97B.903 USE OF BODY-GRIPPING TRAPS.

A person may not set, place, or operate, except as a waterset new text begin that is completely
submerged new text end , a body-gripping deleted text begin or conibear-type deleted text end trap deleted text begin on public lands and waters deleted text end that has a
maximum jaw opening when set greater than deleted text begin 6-1/2 deleted text end new text begin 5-1/2 new text end inches and deleted text begin less than deleted text end 7-1/2 inches new text begin
or less new text end measured from the inside edges of the body-gripping portions of the jaws, unless:

(1) the trap is in a baited or unbaited enclosure new text begin securely fastened in an upright
position with an opening on top that is 50 square inches or less, and the top of the
enclosure a minimum of four feet above the ground or ice, new text end and the trap trigger is recessed
deleted text begin seven deleted text end new text begin into enclosure 12 new text end inches or more deleted text begin from deleted text end new text begin below new text end the top deleted text begin and frontmost portion of the
open end deleted text end of the enclosure;

new text begin (2) the trap 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 enclosure;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end no bait, lure, or other attractant is placed within 20 feet of the trap new text begin , and the
trap is placed in an enclosure no larger than eight inches wide and eight inches tall with
openings restricted to no higher than four inches from the ground and the trap is no closer
than 18 inches from any opening and the enclosure is securely fastened or weighted to
the ground new text end ; or

deleted text begin (3) deleted text end new text begin (4) new text end the trap is elevated at least deleted text begin three deleted text end new text begin five new text end feet above the surface of the ground
or snowpack.

Sec. 3.

new text begin [97B.929] PLACING TRAPS OR SNARES ON PRIVATE LAND;
WRITTEN PERMISSION REQUIRED.
new text end

new text begin A person may not set or place a trap or snare on private property, other than property
owned or occupied by the person, unless the person has the written permission of the
owner, occupant, or lessee of the private property. This section includes, but is not limited
to, written permission to access private property from waters of the state when the trap
or snare is placed or staked in the water.
new text end

Sec. 4.

new text begin [97B.930] REPORTING PET OR COMPANION ANIMALS TAKEN;
ANNUAL REPORT; LICENSE REVOCATION.
new text end

new text begin (a) A person who finds a pet or companion animal, as defined in section 343.20,
subdivision 6, taken in the person's trap or snare must notify a conservation officer or
employee of the 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 3.197, on the takings reported under paragraph (a) for the previous calendar year.
new text end

new text begin (c) A person who kills a pet or companion animal as defined in section 343.20 in an
illegally set body grip trap or snare, shall lose their trapping license and lose the ability to
obtain a license to trap for a minimum of five years.
new text end