SF 222

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; establishing penalties 
  1.3             for gross overlimit violations of fish and game laws; 
  1.4             setting certain restitution values; providing criminal 
  1.5             penalties; amending Minnesota Statutes 2000, sections 
  1.6             97A.211, by adding a subdivision; 97A.221, subdivision 
  1.7             1; 97A.225, subdivision 1; 97A.255, by adding a 
  1.8             subdivision; and 97A.421, by adding a subdivision; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 97A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 97A.211, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 4.  [MANDATORY CUSTODIAL ARREST; FIRST-DEGREE GROSS 
  1.15  OVERLIMIT VIOLATION.] In addition to any other authority granted 
  1.16  by law, an enforcement officer shall arrest and take into 
  1.17  custody a person that the officer has reason to believe 
  1.18  committed a first-degree or second-degree gross overlimit 
  1.19  violation under section 97A.338.  The person shall be detained 
  1.20  until the person's first court appearance. 
  1.21     Sec. 2.  Minnesota Statutes 2000, section 97A.221, 
  1.22  subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [PROPERTY SUBJECT TO SEIZURE AND 
  1.24  CONFISCATION.] (a) An enforcement officer may seize: 
  1.25     (1) wild animals, wild rice, and other aquatic vegetation 
  1.26  taken, bought, sold, transported, or possessed in violation of 
  1.27  the game and fish laws or chapter 84 or 84D; and 
  1.28     (2) firearms, bows and arrows, nets, boats, lines, poles, 
  2.1   fishing rods and tackle, lights, lanterns, snares, traps, 
  2.2   spears, dark houses, fish houses, and wild rice harvesting 
  2.3   equipment that are used with the owner's knowledge to unlawfully 
  2.4   take or transport wild animals, wild rice, or other aquatic 
  2.5   vegetation and that have a value under $1,000 are subject to 
  2.6   this section.  
  2.7      (b) An item described in paragraph (a), clause (2), that 
  2.8   has a value of $1,000 or more is subject to the provisions of 
  2.9   section 97A.225. 
  2.10     (c) An enforcement officer must seize nets and equipment 
  2.11  unlawfully possessed within ten miles of Lake of the Woods or 
  2.12  Rainy Lake.  
  2.13     (d) An enforcement officer must seize all equipment 
  2.14  described in paragraph (a) that is used to take, possess, or 
  2.15  transport a gross overlimit of wild animals under section 
  2.16  97A.338. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 97A.225, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [SEIZURE.] (a) An enforcement officer must 
  2.20  seize all motor vehicles used to:  
  2.21     (1) shine wild animals in violation of section 97B.081, 
  2.22  subdivision 1; 
  2.23     (2) transport big game animals illegally taken or 
  2.24  fur-bearing animals illegally purchased; or 
  2.25     (3) transport minnows in violation of section 97C.501, 
  2.26  97C.515, or 97C.525.  
  2.27     (b) An enforcement officer must seize all boats and motors 
  2.28  used in netting fish on Lake of the Woods, Rainy Lake, Lake 
  2.29  Superior, Namakan Lake, and Sand Point Lake in violation of 
  2.30  licensing or operating requirements of section 97A.475, 
  2.31  subdivision 31, 32, 33, or 37 30, 97C.825, 97C.831, or 97C.835, 
  2.32  or a rule of the commissioner relating to these provisions.  
  2.33     (c) An enforcement officer must seize all motor vehicles, 
  2.34  including boats and motors with their trailers, that are used to 
  2.35  take, possess, or transport a gross overlimit of wild animals 
  2.36  under section 97A.338. 
  3.1      Sec. 4.  Minnesota Statutes 2000, section 97A.255, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 5.  [GROSS OVERLIMIT POSSESSION OF WILD ANIMALS BY 
  3.4   MORE THAN ONE PERSON.] For purposes of gross overlimit 
  3.5   violations under section 97A.338, including related license 
  3.6   seizure and revocation and equipment and property seizure 
  3.7   provisions, wild animals that are unlawfully taken, transported, 
  3.8   or possessed by more than one person is joint and several 
  3.9   possession and each person has joint and several liability for 
  3.10  the restitution value of the wild animals. 
  3.11     Sec. 5.  [97A.338] [PENALTIES RELATING TO GROSS OVERLIMITS 
  3.12  OF WILD ANIMALS.] 
  3.13     Subdivision 1.  [FIRST-DEGREE OVERLIMIT VIOLATION.] A 
  3.14  person who takes, possesses, or transports wild animals over the 
  3.15  legal limit, in closed season, or without a valid license, when 
  3.16  the restitution value of the wild animals is $5,000 or more, is 
  3.17  guilty of a first-degree overlimit violation, which is a felony. 
  3.18     Subd. 2.  [SECOND-DEGREE OVERLIMIT VIOLATION.] A person who 
  3.19  takes, possesses, or transports wild animals over the legal 
  3.20  limit, in closed season, or without a valid license, when the 
  3.21  restitution value of the wild animals is at least $1,500 but 
  3.22  less than $5,000, is guilty of a second-degree overlimit 
  3.23  violation, which is a gross misdemeanor. 
  3.24     Subd. 3.  [THIRD-DEGREE OVERLIMIT VIOLATION.] A person who 
  3.25  takes, possesses, or transports wild animals over the legal 
  3.26  limit, in closed season, or without a valid license, when the 
  3.27  restitution value of the wild animals is more than $500 but less 
  3.28  than $1,500, is guilty of a third-degree overlimit violation, 
  3.29  which is a gross misdemeanor. 
  3.30     Subd. 4.  [VALUES FOR WILD ANIMALS.] The restitution value 
  3.31  for a wild animal under this section and section 97A.420 is the 
  3.32  value established under section 97A.345, if specified, or the 
  3.33  value determined by the court under section 97A.341, subdivision 
  3.34  4, if the value is not specified according to section 97A.345. 
  3.35     Sec. 6.  [97A.420] [SEIZURE OF LICENSES FOR GROSS OVERLIMIT 
  3.36  VIOLATIONS.] 
  4.1      Subdivision 1.  [SEIZURE.] (a) An enforcement officer shall 
  4.2   immediately seize the license of a person who unlawfully takes, 
  4.3   transports, or possesses wild animals when the restitution value 
  4.4   of the wild animals exceeds $500.  Except as may be determined 
  4.5   under subdivision 2 or 3, the person may not obtain any license 
  4.6   of the same type, including a duplicate license, during the 
  4.7   period of time the license is seized. 
  4.8      (b) In addition to the license being used in a violation 
  4.9   under paragraph (a), if the restitution value of the wild 
  4.10  animals unlawfully taken, possessed, or transported is $1,500 or 
  4.11  more, all other game and fish licenses held by the person shall 
  4.12  be immediately seized.  Except as may be determined under 
  4.13  subdivision 2 or 3, the person may not obtain any game or fish 
  4.14  license or permit, including a duplicate license, during the 
  4.15  period of time the licenses are seized. 
  4.16     Subd. 2.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
  4.17  the period that a game or fish license is seized under 
  4.18  subdivision 1, a person may request a review of the seizure of 
  4.19  the license.  The request must be in writing to the commissioner 
  4.20  of natural resources. 
  4.21     (b) Upon receiving the request for administrative review, 
  4.22  the commissioner shall review the seizure, the evidence upon 
  4.23  which the seizure was based, and other material information 
  4.24  brought to the attention of the commissioner.  The commissioner 
  4.25  shall determine whether sufficient cause exists to sustain the 
  4.26  order. 
  4.27     (c) Within 15 days of receiving the request for 
  4.28  administrative review, the commissioner shall issue a written 
  4.29  report of the review and shall order that the seizure be either 
  4.30  sustained or rescinded. 
  4.31     (d) The availability of administrative review is not 
  4.32  subject to the contested case provisions of the Administrative 
  4.33  Procedure Act under chapter 14. 
  4.34     Subd. 3.  [TEMPORARY RELEASE OF COMMERCIAL LICENSES.] At 
  4.35  any time during the period that a game or fish license is seized 
  4.36  under subdivision 1, a person possessing a commercial license 
  5.1   issued under the game and fish laws may make a written request 
  5.2   to the commissioner to temporarily release the commercial 
  5.3   license.  If the commissioner determines that the public welfare 
  5.4   will not be injured, the commissioner may temporarily reinstate 
  5.5   the commercial license upon payment of $1,000 for each 
  5.6   commercial license to be released.  The temporary reinstatement 
  5.7   fee shall be deposited in the game and fish fund and is not 
  5.8   refundable. 
  5.9      Subd. 4.  [REVOCATION OF LICENSES UPON 
  5.10  CONVICTION.] Revocation of licenses and license privileges after 
  5.11  seizure under subdivision 1 are governed by section 97A.421, 
  5.12  subdivision 2a. 
  5.13     Sec. 7.  Minnesota Statutes 2000, section 97A.421, is 
  5.14  amended by adding a subdivision to read: 
  5.15     Subd. 2a.  [ISSUANCE OF LICENSE AFTER GROSS OVERLIMIT 
  5.16  CONVICTION.] (a) A person may not obtain a license to take a 
  5.17  wild animal and is prohibited from taking wild animals for a 
  5.18  period of ten years after being convicted of a first-degree 
  5.19  overlimit violation under section 97A.338, subdivision 1. 
  5.20     (b) A person may not obtain a license to take a wild animal 
  5.21  and is prohibited from taking wild animals for a period of five 
  5.22  years after being convicted of a second-degree overlimit 
  5.23  violation under section 97A.338, subdivision 2. 
  5.24     (c) A person may not obtain the type of license involved in 
  5.25  a third-degree overlimit violation under section 97A.338, 
  5.26  subdivision 3, for a period of three years after the date of 
  5.27  conviction of the third-degree overlimit violation. 
  5.28     (d) Any subsequent license revocation imposed under this 
  5.29  subdivision shall be in addition to and consecutive to the 
  5.30  previous license revocation under this subdivision. 
  5.31     (e) The court may not stay the imposition of license 
  5.32  revocation provisions under this subdivision. 
  5.33     Sec. 8.  [RULES FOR RESTITUTION VALUES FOR FISH AND 
  5.34  WILDLIFE.] 
  5.35     The restitution value for a canvasback is $100.  The 
  5.36  restitution value for a yellow perch with a quality size of 12 
  6.1   inches is $10.  The commissioner of natural resources shall 
  6.2   amend the permanent rules relating to restitution values for 
  6.3   fish and wildlife, Minnesota Rules, chapter 6133, according to 
  6.4   this section and pursuant to Minnesota Statutes, section 14.388, 
  6.5   clause (3).  Except as provided in Minnesota Statutes, section 
  6.6   14.388, section 14.386 does not apply. 
  6.7      Sec. 9.  [EFFECTIVE DATE.] 
  6.8      Sections 1 to 8 are effective May 1, 2001.