HF 2407

as introduced - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:54pm

A bill for an act
relating to game and fish; modifying penalties for gross overlimits; providing
criminal penalties; amending Minnesota Statutes 2014, sections 97A.338;
97A.420, subdivision 1; 97A.421, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 97A.338, is amended to read:

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

(a) A person who takes, possesses, or transports wild animals over the legal limit,
in closed season, or without a valid license in violation of the game and fish laws, when
the restitution value of the wild animals is over $1,000 or more but less than $2,000, is
guilty of a gross misdemeanor gross overlimit violation. A violation under this section
paragraph is a gross misdemeanor.

(b) A person who takes, possesses, or transports wild animals in violation of the
game and fish laws, when the restitution value of the wild animals is $2,000 or more, is
guilty of a felony gross overlimit violation. A violation under this paragraph is a felony.

(c) If a wild animal involved in the violation under this section is listed as a
threatened or endangered wild animal, the penalties do not apply unless more than one
animal is taken, possessed, or transported in violation of the game and fish laws.

Sec. 2.

Minnesota Statutes 2014, section 97A.420, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) An enforcement officer shall immediately seize the
license of a person who unlawfully takes, transports, or possesses wild animals when the
restitution value of the wild animals exceeds $500. Except as provided in subdivisions
2, 4, and 5, the person may not use or obtain any license to take the same type of wild
animals involved, including a duplicate license, until an action is taken under subdivision
6. If the license seized under this paragraph was for a big game animal, the license seizure
applies to all licenses to take big game issued to the individual. If the license seized under
this paragraph was for small game animals, the license seizure applies to all licenses to
take small game issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of
the wild animals unlawfully taken, possessed, or transported is $5,000 $1,000 or more, all
other game and fish licenses held by the person shall be immediately seized. Except as
provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or
permit, including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this
subdivision until an action is taken under subdivision 6.

Sec. 3.

Minnesota Statutes 2014, section 97A.421, subdivision 2a, is amended to read:

Subd. 2a.

License revocation after conviction.

(a) A person may not obtain a
license to take a wild animal and is prohibited from taking wild animals for 15 years
after the date of conviction of a violation when the restitution value of the wild animals
is $2,000 or more.

(b) A person may not obtain a license to take a wild animal and is prohibited from
taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is $5,000 $1,000 or
more but less than $2,000; or

(2) a violation when the restitution value of the wild animals exceeds $500 and
the violation occurs within ten years of one or more previous license revocations under
this subdivision paragraph.

(b) (c) A person may not obtain a license to take the type of wild animals involved in
a violation when the restitution value of the wild animals exceeds $500 and is prohibited
from taking the type of wild animals involved in the violation for a period of three years
after the date of conviction of a violation.

(c) (d) The time period of multiple revocations under paragraph (a) or (b), clause
(2), shall be is consecutive and no wild animals of any kind may be taken during the
entire period.

(e) If a wild animal involved in the conviction is listed as a threatened or endangered
wild animal, the revocations specified under this subdivision do not apply unless more
than one animal is taken, possessed, or transported in violation of the game and fish laws.

(d) (f) The court may not stay or reduce the imposition of license revocation
provisions under this subdivision.