Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 287-H.F.No. 827 
           An act relating to game and fish; prohibiting 
          interference with or disturbance of a person taking 
          wild animals under certain conditions; authorizing 
          application fees for special permits to take game from 
          certain areas during special seasons; clarifying the 
          penalty for false or incomplete license applications; 
          prohibiting certain actions related to license fee 
          refunds; authorizing the taking of certain muskrat 
          that are causing damage; creating an exception to fur 
          buying and selling license requirements; permitting 
          use of certain ammunition; amending Minnesota Statutes 
          1988, sections 97A.401, subdivision 4; 97A.481; 
          97A.485, subdivision 6; 97B.655, subdivision 1; 
          97B.905, subdivision 1; and Laws 1989, chapter 153, 
          section 1; proposing coding for new law in Minnesota 
          Statutes, chapter 97A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [97A.037] [HUNTER, TRAPPER, AND ANGLER 
HARASSMENT PROHIBITED.] 
    Subdivision 1.  [INTERFERENCE WITH TAKING WILD ANIMALS 
PROHIBITED.] A person who has the intent to prevent, disrupt, or 
dissuade the taking of a wild animal or enjoyment of the 
out-of-doors may not disturb or interfere with another person 
who is lawfully taking a wild animal or preparing to take a wild 
animal.  "Preparing to take a wild animal" includes travel, 
camping, and other acts that occur on land or water where the 
affected person has the right or privilege to take lawfully a 
wild animal. 
    Subd. 2.  [DISTURBING WILD ANIMALS PROHIBITED.] A person 
who has the intent to prevent or disrupt a person from lawfully 
taking the animals may not disturb or engage in an activity that 
will tend to disturb wild animals. 
    Subd. 3.  [PERSONS INTENDING TO HARASS HUNTERS, TRAPPERS, 
AND ANGLERS MAY NOT REMAIN ON LAND.] A person who has intent to 
violate subdivision 1 or 2 may not enter or remain on public 
lands, or on private lands without permission of the owner. 
    Subd. 4.  [PEACE OFFICER ORDER; PENALTY.] A person must 
obey the order of a peace officer to stop the harassing conduct 
that violates this section if the officer observes the conduct.  
For purposes of this subdivision, "harassing conduct" does not 
include a landowner's or lessee's action to enforce the trespass 
law.  Violation of this subdivision is a misdemeanor. 
    Sec. 2.  Minnesota Statutes 1988, section 97A.401, 
subdivision 4, is amended to read: 
    Subd. 4.  [TAKING WILD ANIMALS FROM GAME REFUGES AND, 
WILDLIFE MANAGEMENT, AND OTHER AREAS.] Special permits may be 
issued, with or without a fee, to take a wild animal from game 
refuges, wildlife management areas, and state parks, and other 
areas of the state that the commissioner may open for the taking 
of a wild animal during a special season.  In addition, an 
application fee may be charged for a special permit.  Fees to be 
collected shall be based upon the estimated cost of conducting 
the special season. 
    Sec. 3.  Minnesota Statutes 1988, section 97A.481, is 
amended to read: 
    97A.481 [LICENSE APPLICATIONS UNDER OATH; PENALTY.] 
    All information required on a license application form must 
be furnished.  The application must be made in writing and under 
oath is subject to the penalty prescribed in section 97A.301, 
subdivision 1, clause (5).  
    Sec. 4.  Minnesota Statutes 1988, section 97A.485, 
subdivision 6, is amended to read: 
    Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
Persons authorized to sell licenses under this section must sell 
the following licenses for the license fee and the following 
issuing fees:  
    (1) to take deer or bear with firearms and by archery, the 
issuing fee is $1; 
    (2) Minnesota sporting, the issuing fee is $1; and 
    (3) to take small game, for a person under age 65 to take 
fish by angling or for a person of any age to take fish by 
spearing, and to trap fur-bearing animals, the issuing fee is 
$1; 
    (4) for a trout and salmon stamp that is not issued 
simultaneously with an angling or sporting license, an issuing 
fee of 50 cents may be charged at the discretion of the 
authorized seller; and 
    (5) for stamps other than a trout and salmon stamp, there 
is no fee. 
    (b) An issuing fee may not be collected for issuance of a 
trout and salmon stamp if a stamp is issued simultaneously with 
the related angling or sporting license.  Only one issuing fee 
may be collected when selling more than one trout and salmon 
stamp in the same transaction after the end of the season for 
which the stamp was issued. 
    (c) The auditor or subagent shall keep the issuing fee as a 
commission for selling the licenses.  
    (d) The commissioner shall collect the issuing fee on 
licenses sold by the commissioner. 
    (e) A license, except stamps, must state the amount of the 
issuing fee and that the issuing fee is kept by the seller as a 
commission for selling the licenses. 
    (f) The fee for an angling license paid by a resident 65 
years of age or over must be refunded to the licensee upon 
request to the commissioner, if the request is made within 30 
days of the sale.  The commissioner shall design a system on the 
license for this purpose.  An auditor or subagent may not 
provide postage stamps or pre-addressed envelopes for obtaining 
the refund.  An auditor or subagent must provide information on 
the purposes for which license receipts are spent and the 
effects of applying for a refund. 
    Sec. 5.  Minnesota Statutes 1988, section 97B.655, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OWNERS AND OCCUPANTS MAY TAKE CERTAIN 
ANIMALS.] A person may take mink, squirrel, rabbit, hare, 
raccoon, lynx, bobcat, fox, muskrat, or beaver on land owned or 
occupied by the person where the animal is causing damage.  The 
person may take the animal without a license and in any manner 
except by poison, or artificial lights in the closed season.  
Raccoons may be taken under this subdivision with artificial 
lights during open season.  A person that kills mink, raccoon, 
lynx, bobcat, fox, muskrat, or beaver under this subdivision 
must bring the entire animal to a conservation officer or 
employee of the division within 24 hours after the animal is 
killed. 
    Sec. 6.  Minnesota Statutes 1988, section 97B.905, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESIDENT LICENSE REQUIREMENT.] 
    (a) A resident that has a license to buy and sell raw furs 
person may not buy and or sell raw furs in the state 
including: 
    (1) selling raw furs to a manufacturer, representing 
nonresidents; 
    (2) selling raw furs to a broker or agent, representing a 
nonresident; and 
    (3) conducting a fur auction that makes sales to resident 
manufacturers and nonresidents without a fur buying and selling 
license, except a taxidermist licensed under section 97A.475, 
subdivision 19, and a fur manufacturer are not required to have 
a license to buy raw furs from a person with fur buying and 
selling licenses. 
    (b) An employee, partner, or officer buying or selling only 
for a raw fur dealer licensee at an established place of 
business licensed under section 97A.475, subdivision 21, clause 
(a), may obtain a supplemental license under section 97A.475, 
subdivision 21, clause (b).  
    Sec. 7.  Laws 1989, chapter 153, section 1, if enacted, is 
amended to read: 
    Section 1.  Minnesota Statutes 1988, section 97B.031, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FIREARMS AND AMMUNITION THAT MAY BE USED 
TO TAKE BIG GAME.] (a) A person may take big game with a firearm 
only if:  
    (1) the rifle, shotgun, and handgun used is a caliber of at 
least .23 inches; 
    (2) the firearm is loaded only with single projectile 
ammunition; 
    (3) a projectile used is a caliber of at least .23 inches 
and has a soft point or is an expanding bullet type; 
    (4) the ammunition has a case length of at least 1.285 
inches; 
    (5) the muzzle-loader used is incapable of being loaded at 
the breech; 
    (6) the smooth-bore muzzle-loader used is a caliber of at 
least .45 inches; and 
    (7) the rifled muzzle-loader used is a caliber of at least 
.40 inches. 
    (b) A person may not take big game with a .30 caliber M-1 
carbine cartridge.  
    (c) Notwithstanding paragraph (a), clause (4), a person may 
take big game with a ten millimeter cartridge that is at least 
0.95 inches in length. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 5:36 p.m.