Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 170-H.F.No. 937 
           An act relating to wild animals; altering provisions 
          relating to taking and possession of certain animals; 
          amending Minnesota Statutes 1984, sections 98.48, 
          subdivision 5; 100.27, subdivisions 1, 3, and 4; and 
          100.29, subdivisions 15 and 25.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 98.48, 
subdivision 5, is amended to read: 
    Subd. 5.  The commissioner may issue special permits, with 
or without a fee, to take any protected wild animals which are 
doing damage to private or public property, in accordance with 
rules and regulations prescribed by him, except that the regular 
license and seal provisions shall apply to the taking of beaver. 
    Any special permit issued by the commissioner to take 
beaver which are doing damage to private or public property 
shall state the number of beaver which may be so taken under the 
permit.  
    Sec. 2.  Minnesota Statutes 1984, section 100.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as otherwise specifically provided, 
there shall be no open season on elk, caribou, antelope, marten, 
cougar, or wolverine. 
    Sec. 3.  Minnesota Statutes 1984, section 100.27, 
subdivision 3, is amended to read: 
    Subd. 3.  The commissioner shall prescribe by order the 
areas within the state and any other restrictions under which 
the following animals may be taken and possessed, subject to all 
other provisions of chapters 97 to 102, between the dates, if 
any, set opposite the species: 
    (1) Grey and fox squirrels, October 15 and December 31 
statewide; and during any other times, within any areas, and 
subject to any other restrictions as the commissioner by order 
may prescribe; 
    (2) Jack rabbits, cottontail rabbits and varying hare or 
snowshoe rabbits, September 16 and March 1; 
    (3) Raccoon, October 15 and December 31 statewide. 
Notwithstanding the restrictions imposed by this subdivision, 
raccoon may be treed without being taken by the use of dogs at 
any time during the year, except for those restrictions found in 
section 100.29, subdivision 20; 
    (4) Lynx, or bobcat with the length of the season, if any, 
for either species determined by the commissioner based upon 
population estimates of either species within the state; 
    (5) Fox, provided that no fox may be removed from a den or 
trapped within 300 feet of a fox den during the period from 
April 1 and ending August 31 of each year; 
    (6) Fisher and, badger, opossum, and pine marten, based 
upon population estimates within the state. 
    Sec. 4.  Minnesota Statutes 1984, section 100.27, 
subdivision 4, is amended to read: 
    Subd. 4.  Muskrats may be taken for a period not exceeding 
90 days in the aggregate for the area, otter for a period not 
exceeding 15 30 days, only by trapping, and mink for a period 
not exceeding 90 days, in the areas of the state, during the 
times between October 25th and April 30th of the following year 
and subject to any other restrictions which the commissioner 
shall prescribe.  Beaver may be taken, by trapping only, in the 
areas of the state, during the times between October 25th and 
April 30th of the following year and subject to any other 
restrictions which the commissioner shall prescribe. 
    Sec. 5.  Minnesota Statutes 1984, section 100.29, 
subdivision 15, is amended to read: 
    Subd. 15.  It shall be unlawful to take any raccoon in any 
manner in a den or hollow tree or cut down any tree inhabited or 
occupied by raccoon; or to set any trap for raccoon in any 
muskrat runway; or to set fire to any tree or use smoke to take 
raccoons or squirrels. 
    Sec. 6.  Minnesota Statutes 1984, section 100.29, 
subdivision 25, is amended to read: 
    Subd. 25.  It shall be unlawful to tend any trap set for 
wild animals between the hours of 6:00 7:00 p.m. and 6:00 5:00 
a.m. 
     Sec. 7.  [EFFECTIVE DATE.] 
    Section 1 is effective the day after final enactment. 
    Approved May 21, 1985