Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 131-H.F.No. 653 
           An act relating to wild animals; use of lights in 
          taking or in tending traps; length of otter season; 
          setting traps near water; amending Minnesota Statutes 
          1986, sections 97B.081; 97B.921; 97B.931; and 97B.945. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 97B.081, is 
amended to read:  
    97B.081 [USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.] 
    Subdivision 1.  [WITH FIREARMS AND BOWS.] (a) A person may 
not cast the rays of a spotlight, headlight, or other artificial 
light on a highway, or in a field, woodland, or forest, to spot, 
locate, or take a wild animal, except while taking raccoons in 
accordance with section 97B.621, subdivision 3, or tending traps 
in accordance with section 97B.931, while having in possession, 
either individually or as one of a group of persons, a firearm, 
bow, or other implement that could be used to kill big game.  
    (b) This subdivision does not apply to a firearm that is: 
    (1) unloaded; 
    (2) in a gun case expressly made to contain a firearm that 
fully encloses the firearm by being zipped, snapped, buckled, 
tied, or otherwise fastened without any portion of the firearm 
exposed; and 
    (3) in the closed trunk of a motor vehicle.  
    (c) This subdivision does not apply to a bow that is: 
    (1) completely encased or unstrung; and 
    (2) in the closed trunk of a motor vehicle.  
    (d) If the motor vehicle under paragraph (b) or (c) does 
not have a trunk, the firearm or bow must be placed in the 
rearmost location of the vehicle.  
    Subd. 2.  [WITHOUT FIREARMS.] Between the hours of 10:00 
p.m. and 6:00 a.m. from September 1 to December 31, a person may 
not cast the rays of a spotlight, headlight, or other artificial 
light in a field, woodland, or forest to spot, locate, or take a 
wild animal except to take raccoons under section 97B.621, 
subdivision 3 or to tend traps under section 97B.931.  It is not 
a violation of this subdivision for a person to carry out any 
agricultural, occupational, or recreational practice, including 
snowmobiling that is not related to spotting, locating or taking 
a wild animal.  
    Sec. 2.  Minnesota Statutes 1986, section 97B.921, is 
amended to read:  
    97B.921 [OTTER SEASONS.] 
    The commissioner may establish open seasons for otter 
between October 25 and April 30.  The open season in an area may 
not exceed 30 days.  Otter may be taken only by trapping and is 
subject to restrictions prescribed by the commissioner.  
    Sec. 3.  Minnesota Statutes 1986, section 97B.931, is 
amended to read:  
    97B.931 [HOURS FOR TENDING TRAPS RESTRICTED.] 
    A person may not tend a trap set for wild animals between 
7:00 p.m. and 5:00 a.m.  Between 5:00 a.m. and 7:00 p.m. a 
person on foot may use a portable artificial light to tend 
traps.  While using a light in the field, the person may not 
possess or use a firearm other than a handgun of .22 caliber. 
    Sec. 4.  Minnesota Statutes 1986, section 97B.945, is 
amended to read:  
    97B.945 [SETTING OF TRAPS NEAR WATER RESTRICTED.] 
    A person may not set a trap within 150 50 feet of a stream, 
lake, or navigable any water other than temporary surface water 
within 30 days before the open season for mink and muskrat 
without a special permit by the commissioner. 
    Approved May 14, 1987