Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 217-S.F.No. 658 
           An act relating to wild animals; altering certain 
          provisions regarding taking and possession, and 
          penalties related thereto; amending Minnesota Statutes 
          1984, sections 97.55, subdivision 16; 98.46, 
          subdivision 5; 98.52, by adding a subdivision; and 
          100.273, subdivisions 6 and 9; repealing Minnesota 
          Statutes 1984, section 97.55, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 97.55, 
subdivision 16, is amended to read: 
    Subd. 16.  Every person who illegally buys or sells game 
fish, big game, or small game, when the total amount of the sale 
or sales is $300 or more, is guilty of a gross misdemeanor 
punishable by a fine of not less than $700 $3,000 nor more than 
$10,000 or by imprisonment in the county jail for not less than 
90 days or more than one year or by both such fine and 
imprisonment.  A license to take wild animals possessed by the 
violator immediately becomes null and void and the violator 
forfeits all rights to take any wild animals in any manner for a 
period of three years after the date of conviction. 
    Sec. 2.  Minnesota Statutes 1984, section 98.46, 
subdivision 5, is amended to read: 
    Subd. 5.  Fees for the following licenses, to be issued to 
residents only, shall be: 
    (1) to spear fish from a dark house, $7.50; 
    (2) for any fish house or dark house used during the winter 
fishing season, $5 for each fish house or dark house not rented 
or offered for hire, and $15 for each fish house or dark house 
rented or offered for hire.  Each fish house or dark house shall 
have attached to the outside a metal tag at least two inches in 
diameter with a 3/16 inch hole in the center, which will be 
issued with a license.  Each metal tag shall be stamped with a 
number to correspond with the fish house or dark house license 
and also shall be stamped with the year of issuance.  The metal 
tag shall be attached to the fish house or dark house as 
designated by commissioner's order; 
    (3) to net whitefish, tullibees or herring from inland 
lakes or international waters, for domestic use only, for each 
net, $3; 
    (4) to conduct a taxidermist business, for three 
consecutive years for residents 18 years of age and older, $40;  
for residents under the age of 18, $25; 
    (5) to maintain fur and game farms, including deer, $15; 
    (6) to take, transport, purchase and possess for sale 
unprocessed turtles and tortoises within the state, $50; 
    (7) to prepare dressed game fish for transportation or 
shipment as provided by section 97.45, subdivision 6, $13; 
    (8) minnow dealer, $70 plus $10 for each vehicle; 
    (8) (9) minnow dealer's helper, $5 for each helper.  Minnow 
dealer's helpers' licenses shall be issued to the minnow dealer 
and are transferable by the dealer at will to his own helpers; 
    (9) (10) exporting minnow dealer, $250, plus $10 for each 
vehicle. 
    Each vehicle license shall cover a specified vehicle.  The 
serial number, license number, make, and model shall be 
specified on the license which must be conspicuously posted in 
the vehicle licensed. 
    Sec. 3.  Minnesota Statutes 1984, section 98.52, is amended 
by adding a subdivision to read: 
    Subd. 6.  When a person is convicted of unlawfully buying 
or selling game fish, big game, or small game, and is subject to 
the penalty prescribed in section 97.55, subdivision 16, any 
license to take wild animals possessed by the violator 
immediately becomes null and void and the violator forfeits all 
rights to take any wild animals in any manner for a period of 
three years after the date of conviction. 
    Sec. 4.  Minnesota Statutes 1984, section 100.273, 
subdivision 6, is amended to read: 
    Subd. 6.  No person shall erect "no hunting", "no 
trapping", "no fishing", "no trespassing", or other signs 
prohibiting trespass upon any lands or waters in which he has no 
right, title, interests, or license.  The owner, occupant, or 
lessee of any private land, or a duly constituted legal 
authority of public land, may erect signs prohibiting 
trespassing, hunting, trapping, or fishing if the signs bear 
letters not less than two inches high, are signed by the owner, 
occupant, or lessee, and are posted at intervals of not more 
than 1000 feet upon the boundaries of the area so protected, or 
in a wooded area where boundary lines are not clear, at 
intervals of not more than 500 feet. 
    Sec. 5.  Minnesota Statutes 1984, section 100.273, 
subdivision 9, is amended to read: 
    Subd. 9.  (a) Violation of any provision of this section is 
a misdemeanor, except as provided in paragraph (b).  
    (b) A person is guilty of a gross misdemeanor who:  (1) 
knowingly disregards signs prohibiting trespass, (2) trespasses 
after personally being notified by the landowner or lessee not 
to trespass, or (3) is convicted of violating this section more 
than once in a three-year period.  
    (c) Upon a person's conviction for violating any provision 
of this section, any license issued to him pursuant to chapter 
98, or any registration pursuant to section 84.82, under which 
he was exercising or attempting to exercise a privilege while 
violating this section shall immediately become null and void.  
    (d) A person convicted of a gross misdemeanor under 
paragraph (b) may not be issued a license to hunt or trap any 
wild animal for two years after the conviction. 
    Sec. 6.  [REPEALER.] 
    Minnesota Statutes 1984, section 97.55, subdivision 4, is 
repealed. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day after final 
enactment.  Sections 3 and 6 are effective 30 days after final 
enactment.  Section 7 is effective August 1, 1985. 
    Approved May 23, 1985