SF 1325

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/15/2016 08:37am

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); or

(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; or

(7) the conviction occurs for not reporting a taking under section 97B.930, paragraph
(a).

(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 that is completely
submerged, a body-gripping or conibear-type trap on public lands and waters that has a
maximum jaw opening when set greater than 6-1/2 5-1/2 inches and less than 7-1/2 inches
or less measured from the inside edges of the body-gripping portions of the jaws, unless:

(1) the trap is in a baited or unbaited enclosure 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, and the trap trigger is recessed
seven into enclosure 12 inches or more from below the top and frontmost portion of the
open end of the enclosure;

(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;

(2) (3) no bait, lure, or other attractant is placed within 20 feet of the trap, 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; or

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

Sec. 3.

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

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.

Sec. 4.

[97B.930] REPORTING DOG OR COLLARED ANIMALS TAKEN;
ANNUAL REPORT; LICENSE REVOCATION.

(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 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.

(b) By March 1 each year, the commissioner shall report to the legislature, as provided
in section 3.195, on the takings reported under paragraph (a) for the previous calendar year.

(c) A person who kills a dog or collared animal and is convicted of setting an illegal
body grip trap or snare, shall lose their annual trapping license and lose the ability to
obtain a license to trap for a minimum of five years.