Minnesota Administrative Rules

CHAPTER 6240, MIGRATORY BIRDS

DEPARTMENT OF NATURAL RESOURCES

MIGRATORY GAME BIRDS

6240.0100 DEFINITIONS.

Subpart 1.

Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 1a.

Early goose season.

"Early goose season" means goose seasons beginning before September 16.

Subp. 2.

In the field.

"In the field" means at or between the place where taken and either:

A.

the person's automobile or principal means of land transportation;

B.

the person's abode or temporary or transient place of lodging;

C.

a migratory bird preservation facility;

D.

a post office; or

E.

a common carrier facility.

Subp. 2a.

[Repealed, 36 SR 1155]

Subp. 3.

Migratory game birds.

"Migratory game birds" means coots, gallinules, sora and Virginia rails, American woodcock, common snipe, and migratory waterfowl.

Subp. 4.

Regular goose season.

"Regular goose season" means goose seasons beginning from September 16 to October 21.

Statutory Authority:

MS s 97B.731; 97B.803

History:

18 SR 83; 24 SR 644; 36 SR 1155

Published Electronically:

October 3, 2013

6240.0200 GENERAL RESTRICTIONS FOR TAKING AND POSSESSION OF MIGRATORY GAME BIRDS.

Subpart 1.

Shooting hours.

Shooting hours for migratory waterfowl, coots, gallinules, rails, and snipe are one-half hour before sunrise to sunset, except as follows:

A.

on the opening day of the duck season, shooting hours begin at 9:00 a.m.; and

B.

from the opening day of the duck season to the Saturday nearest October 8, shooting hours end at 4:00 p.m.

Subp. 2.

Possession limits.

The possession limit is twice the daily limit, except for rails where the daily and possession limits are the same. All restrictions specific to a species or gender apply.

Subp. 3.

Blinds on public lands and public waters.

An unoccupied blind on public land or in public waters is available for use by the public and is not the property of the person who constructed it. A person may not use threat or force against another person to gain possession of a blind.

Subp. 4.

Use of motorized watercraft.

A person may use motorized watercraft in the waterfowl feeding and resting area established on South Heron Lake during the goose season established in part 6240.1200.

Subp. 5.

Possession and transportation of migratory game birds.

A person may not possess or transport unlawfully taken migratory game birds.

Subp. 6.

Opening day possession limit.

A person may not have in possession on the opening day of each of the established seasons any freshly killed migratory game birds in excess of the daily bag limit.

Statutory Authority:

MS s 97A.095; 97B.711; 97B.731; 97B.803; 97B.811; and others at 19 SR 6

History:

18 SR 83; 19 SR 484; 19 SR 2222; 30 SR 613; 35 SR 2014

Published Electronically:

October 3, 2013

6240.0250 TAKING MOURNING DOVES.

Subpart 1.

Open season.

Mourning doves may be taken during the 60-day period beginning September 1.

Subp. 2.

Daily limit.

A person may not take more than 15 mourning doves per day during the open season.

Statutory Authority:

MS s 97B.731

History:

35 SR 505

Published Electronically:

October 3, 2013

6240.0300 TAKING WOODCOCK.

Subpart 1.

Open season.

Woodcock may be taken during the 45-day period beginning the Saturday on or nearest September 22.

Subp. 2.

Daily limit.

A person may not take more than three woodcock per day during the open season.

Statutory Authority:

MS s 97B.711; 97B.731

History:

18 SR 83; 24 SR 644

Published Electronically:

October 3, 2013

6240.0400 TAKING RAILS.

Subpart 1.

Open season.

Sora and Virginia rails may be taken from September 1 to the end of woodcock season as prescribed under part 6240.0300. King rails may not be taken or possessed.

Subp. 2.

Daily and possession limit.

A person may not take more than 25 rails per day. The possession limit is as prescribed under federal regulations.

Statutory Authority:

MS s 97B.731

History:

18 SR 83; 34 SR 621; 39 SR 1006

Published Electronically:

January 12, 2015

6240.0500 TAKING COMMON SNIPE.

Subpart 1.

Open season.

Common snipe may be taken from September 1 to the end of woodcock season as prescribed under part 6240.0300.

Subp. 2.

Daily limit.

A person may not take more than eight common snipe per day during the open season.

Statutory Authority:

MS s 97B.731

History:

18 SR 83; 34 SR 621

Published Electronically:

October 3, 2013

MIGRATORY WATERFOWL

6240.0550 GENERAL RESTRICTIONS FOR TAKING MIGRATORY WATERFOWL.

A person may not take ducks, mergansers, geese, coots, or moorhens (gallinules) on any lands or waters within the state while possessing shotshells loaded with shot other than:

A.

steel shot;

B.

copper-plated, nickel-plated, or zinc-plated steel shot; or

C.

shot made of other nontoxic material approved by the director of the United States Fish and Wildlife Service.

Statutory Authority:

MS s 97B.803

History:

19 SR 2222

Published Electronically:

October 3, 2013

6240.0610 YOUTH WATERFOWL HUNTING DAY.

Subpart 1.

Dates, eligibility, and license requirements.

Ducks, mergansers, coots, moorhens, and Canada geese may be taken statewide on Youth Waterfowl Hunting Day by resident and nonresident hunters 15 years of age or younger. An adult resident or nonresident mentor 18 years of age or older, who is authorized by the youth's parent or guardian, must accompany the youth hunter at all times during the hunt. The accompanying adult may not hunt. No hunting license or waterfowl stamps are required.

Subp. 2.

Shooting hours.

Shooting hours are one-half hour before sunrise to 4:00 p.m.

Subp. 3.

Bag limits.

The daily bag limit for ducks, mergansers, coots, and moorhens is as allowed by federal rule. The daily bag limit for geese is five Canada geese.

Statutory Authority:

MS s 97B.112; 97B.711; 97B.803

History:

30 SR 613; 34 SR 621; 35 SR 2014; 39 SR 1006

Published Electronically:

January 12, 2015

6240.0620 WATERFOWL ZONES.

Subpart 1.

Designation.

Zones for ducks and geese are designated and described as provided in this part.

Subp. 2.

North Waterfowl Zone.

The North Waterfowl Zone consists of that portion of the state lying north of a line beginning on Minnesota Highway 210 at the western boundary of the state; thence along Minnesota Highway 210 to Minnesota Highway 23; thence along Minnesota Highway 23 to Minnesota Highway 39; thence along Minnesota Highway 39 to the eastern border of the state.

Subp. 3.

South Waterfowl Zone.

The South Waterfowl Zone consists of that portion of the state lying south of a line extending from the South Dakota state line along U.S. Highway 212 to Interstate Highway 494; thence along Interstate Highway 494 to Interstate Highway 94; thence along Interstate Highway 94 to the Wisconsin state line.

Subp. 4.

Central Waterfowl Zone.

The Central Waterfowl Zone consists of that portion of the state that is not included in the North or South Waterfowl Zone.

Statutory Authority:

MS s 97B.731; 97B.605

History:

39 SR 1006

Published Electronically:

January 12, 2015

REGULAR GOOSE SEASON

6240.0700

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.0800

[Repealed, 22 SR 292]

Published Electronically:

October 3, 2013

6240.0850

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.0860 GOOSE ZONES.

Subpart 1.

Northwest Goose Zone.

The Northwest Goose Zone is the area lying within the following boundary:

Beginning at U.S. Highway 2 on the North Dakota-Minnesota border; thence east on U.S. Highway 2 to State Trunk Highway (STH) 32; thence north on STH 32 to STH 92; thence east on STH 92 to County State-Aid Highway (CSAH) 2, Polk County; thence north on CSAH 2 to CSAH 27, Pennington County; thence north on CSAH 27 to STH 1; thence east on STH 1 to CSAH 28, Pennington County; thence north on CSAH 28 to CSAH 54, Marshall County; thence north on CSAH 54 to CSAH 9, Roseau County; thence north on CSAH 9 to STH 11; thence west on STH 11 to STH 310; thence north on STH 310 to the north border of Minnesota; thence west and south on the Minnesota border to the point of beginning.

Subp. 2.

Swan Lake Goose Zone.

The Swan Lake Goose Zone is the area in Nicollet County within the following boundary:

Beginning at the junction of State Trunk Highway (STH) 14 and County State-Aid Highway (CSAH) 12; thence north along CSAH 12 to CSAH 5; thence east along CSAH 5 to CSAH 13; thence south along CSAH 13 to STH 99; thence west along STH 99 to CSAH 17; thence south along CSAH 17 to STH 14; thence northwest and west along STH 14 to CSAH 12 to the point of beginning.

Subp. 3.

Rochester Goose Zone.

The Rochester Goose Zone is Registration Block 343, described in part 6232.4700, subpart 96.

Statutory Authority:

MS s 97B.711; 97B.803

History:

19 SR 2222; 35 SR 2014

Published Electronically:

October 3, 2013

6240.0900

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1000

Subpart 1.

[Repealed, 35 SR 2014]

Subp. 2.

[Repealed, 30 SR 613]

Published Electronically:

October 3, 2013

6240.1100

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1150 TAKING SNOW, BLUE, ROSS', AND WHITE-FRONTED GEESE AND BRANT.

Subpart 1.

Seasons.

Snow, blue, Ross', and white-fronted geese and brant may be taken only in areas of the state when and where the Canada goose season is open.

Subp. 2.

Daily limit.

A person may not take more than 20 snow, blue, and Ross' geese in combination; one white-fronted goose; and one brant each day.

Statutory Authority:

MS s 97B.731; 97B.803

History:

20 SR 2287; 30 SR 613; 36 SR 1155

Published Electronically:

October 3, 2013

EARLY GOOSE SEASON

6240.1200 TAKING GEESE DURING EARLY SEASON.

Subpart 1.

[Repealed, 36 SR 1155]

Subp. 2.

[Repealed, 36 SR 1155]

Subp. 3.

Open season.

The open early season for taking Canada geese begins the first Saturday in September and ends on September 22, except:

A.

the season begins on Sunday, September 1, in any year when the first Saturday falls on September 7; and

B.

the season closes on the Friday before the duck season opens in years when the duck season opens on or before September 22.

Subp. 4.

Daily limits.

A person may not take more than five Canada geese per day during the early season.

Subp. 5.

Taking near water.

A.

Taking Canada geese during the early season is prohibited on or within 100 yards of all surface waters:

(1)

in the Northwest Goose Zone;

(2)

in the Swan Lake Goose Zone; and

(3)

within the boundaries of the Carlos Avery Wildlife Management Area.

B.

Taking Canada geese on or within 100 yards of surface waters during the early Canada goose season is allowed for youth hunters participating in youth waterfowl hunting days and on specific bodies of water in closed zones as described or shown on maps provided by the commissioner.

Statutory Authority:

MS s 97A.091; 97B.803; and others at 19 SR 6

History:

18 SR 83; 19 SR 484; 22 SR 292; 30 SR 613; 35 SR 505; 36 SR 1155

Published Electronically:

October 3, 2013

6240.1500

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1600

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1700

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1750

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1800 EARLY GOOSE HUNT LICENSE.

Subpart 1.

License required.

The early season described in part 6240.1200 is a special season for which a special season Canada goose license is required under Minnesota Statutes, section 97B.802.

Subp. 2.

[Repealed, 30 SR 613]

Subp. 3.

[Repealed, 30 SR 613]

Statutory Authority:

MS s 97A.401; 97B.711; 97B.803; and others at 19 SR 6

History:

18 SR 83; 19 SR 484; 22 SR 292; 30 SR 613; 35 SR 2014

Published Electronically:

October 3, 2013

6240.1850 REFUGES OPEN TO TAKING GEESE.

Subpart 1.

Goose refuges.

The following refuges are open to goose hunting during the early and regular goose seasons: Douglas County Goose Refuge in Douglas County, the Otter Tail County Goose Refuge in Otter Tail County, and the Sauk Rapids-Rice Goose Refuge in Benton County. Taking waterfowl from public roads and their rights-of-way is prohibited.

Subp. 2.

Game refuges.

A.

The following refuges are open to goose hunting during the first two days of the regular goose season: Fox Lake Game Refuge in Martin County and the Saint James Game Refuge in Watonwan County.

B.

The Fox Lake Game Refuge is open to goose hunting for the last seven days of the statewide goose season. There is no goose hunting within 100 yards of Fox and Temperence Lakes.

Subp. 3.

Waterfowl refuges.

A.

The following refuges are open to Canada goose hunting during the early goose season: Harstad Slough Waterfowl Refuge in Stevens County and the Rickert Lake Waterfowl Refuge in Steele County.

B.

The Mud-Bardwell Waterfowl Refuge in Martin County is open to Canada goose hunting from the Saturday on or nearest November 1 to the end of the goose season. There is no goose hunting within 100 yards of Mud and Bardwell Lakes.

Statutory Authority:

MS s 97A.091; 97B.731; 97B.803; and others at 19 SR 6

History:

19 SR 484; 20 SR 2287; 22 SR 292; 24 SR 644; 30 SR 613; 34 SR 621; 36 SR 1155

Published Electronically:

October 3, 2013

6240.1900

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

6240.1950

[Repealed, 35 SR 2014]

Published Electronically:

October 3, 2013

MIGRATORY WATERFOWL FEEDING AND RESTING AREAS

6240.2000 MIGRATORY WATERFOWL FEEDING AND RESTING AREA RESTRICTIONS.

Subpart 1.

Entry restrictions.

A person may not enter a posted migratory waterfowl feeding and resting area during the open migratory waterfowl season with watercraft or aircraft propelled by a motor, except as provided in subparts 2 to 4.

Subp. 2.

Department employees in performance of their duties.

The restriction in subpart 1 does not apply to uniformed employees of the department and other agents of the commissioner while in the performance of their official department duties.

Subp. 3.

Disabled persons.

A disabled person, under permit from the commissioner, may use an electric motor with battery power of 12 volts or less. A permit is not required for the lakes listed in subpart 4.

Subp. 4.

Use of electric motors.

On the lakes listed in items A to J, a person may use an electric motor with battery power of 12 volts or less within the designated migratory waterfowl feeding and resting area during the open waterfowl season:

A.

Beltrami County: Puposky Lake, Little Puposky Lake;

B.

Carver County: Tiger Lake;

C.

Faribault and Blue Earth Counties: Minnesota Lake;

D.

Freeborn County: Bear Lake, Upper Twin Lake;

E.

Jackson County: South Heron Lake, North Heron Lake;

F.

Kandiyohi County: Wagonga Lake, Lake Lillian;

G.

McLeod County: Bakers Lake, Unnamed Lake, in T. 114 N., R. 29W, S. 28;

H.

Polk County: Turtle Lake;

I.

Pope County: Nelson Lake; and

J.

Traverse County: Mud Lake.

Statutory Authority:

MS s 97A.045; 97A.095; 97B.803

History:

18 SR 83; L 2005 c 56 s 2; 30 SR 613; 35 SR 2014; 39 SR 1006

Published Electronically:

January 12, 2015

6240.2100 DESIGNATED MIGRATORY WATERFOWL FEEDING AND RESTING AREAS.

Subpart 1.

Designation of entire lakes.

The following lakes are designated as migratory waterfowl feeding and resting areas:

	Name	Location	County
A.	Bakers Lake	T.114N; R.29W	McLeod
B.	Bear Lake	T.101N; R.22W	Freeborn
C.	Big Rice Lake	T.140, 141N; R.26W	Cass
D.	Cottonwood Lake	T.106N; R.25W	Blue Earth
E.	Diamond Lake	T.110N; R.23W	Le Sueur
F.	Dora Lake	T.110N; R.23W	Le Sueur
G.	Lake Johanna	T.123N; R.36W	Pope
H.	Lake Lillian	T.117N; R.33, 34W	Kandiyohi
I.	Little Puposky Lake	T.149N; R.33, 34W	Beltrami
J.	Mud Lake	T.131N; R.43W	Otter Tail
K.	Mud Lake	T.114N; R.26W	Sibley
L.	Nelson Lake	T.124N; R.38W	Pope
M.	Oakleaf Lake	T.110N; R.27W	Nicollet
N.	Pleasant Lake	T.113N; R.23W	Scott
O.	Puposky Lake	T.149N; R.33, 34W	Beltrami
P.	Rice Lake	T.148, 149N; R.27W	Itasca
Q.	Rice Lake	T.111N; R.23W	Le Sueur
R.	Sanborn Lake	T.112N; R.23W	Le Sueur
S.	Scotch Lake	T.110N; R.25W	Le Sueur
T.	Squaw Lake	T.148, 149N; R.27W	Itasca
U.	Tiger Lake	T.115N; R.26W	Carver
V.	Turtle Lake	T.148N; R.39W	Polk
W.	Unnamed Lake	T.114N; R.29W; S.28	McLeod
X.	Upper Rice Lake	T.145N; R.36, 37W	Clearwater
Y.	Wagonga Lake	T.118, 119N; R.34, 35W	Kandiyohi
Z.	Washington Lake	T.114N; R.26W	Sibley
AA.	Goose Lake	T.143N; R.26W	Cass
BB.	Lake Henry	T.110N; R.25W	Le Sueur
CC.	Mud Lake	T.144N; R.26W	Cass
DD.	Thielke Lake	T.122N; R.46W	Big Stone
EE.	Upper Twin Lake	T.102N; R.22W	Freeborn

Subp. 2.

Marsh Lake, Big Stone, Lac qui Parle, and Swift Counties.

The following portion of Marsh Lake in Big Stone, Lac qui Parle, and Swift Counties is designated as a migratory waterfowl feeding and resting area:

That portion of the lake lying east and southeast of a line beginning at the point where the west section line of Section 10, Township 120 North, Range 44 West, meets the lake water line; thence running southeast approximately 370 rods to the southwest corner of Egret Island located in Section 15, Township 120 North, Range 44 West; thence running southeast approximately 340 rods to a point where the east section line of Section 22, Township 120 North, Range 44 West, intersects the water line of the south shore of the lake.

Subp. 3.

Lake Lizzie, Otter Tail County.

All that portion of Lake Lizzie in Otter Tail County in Sections 3, 4, 5, 6, 7, 8 and 9, Township 136 North, Range 42 West is designated as a migratory waterfowl feeding and resting area.

Subp. 4.

[Repealed, 24 SR 644]

Subp. 5.

South Heron Lake, Jackson County.

That part of Heron Lake known as South Heron Lake in Jackson County except those portions described as follows is designated as a migratory waterfowl feeding and resting area except during the early Canada goose season:

That part of the lake lying northwest of a straight line beginning at the state-owned access on the west shore in Section 15, Township 103 North, Range 37 West; thence running northeast to the point of the peninsula on the east side of the inlet to Okabena and Division Creeks located in Section 10, Township 103 North, Range 37 West; also that part lying South of a straight line beginning at Burmeisters Point in Section 13, Township 103 North, Range 37 West; thence running west to Sandy Point in Section 24, Township 103 North, Range 37 West.

Subp. 6.

North Heron Lake, Jackson County.

That part of Heron Lake known as North Heron Lake in Jackson County except those areas known as Winzer Bay and North Marsh is designated as a migratory waterfowl feeding and resting area.

Subp. 7.

Lake Christina, Grant and Douglas Counties.

All of Lake Christina in Grant and Douglas Counties except that part lying south of a straight line beginning at the east terminus of the north line of Government Lot 3, Section 12, Township 130 North, Range 41 West, at the water's edge of Lake Christina; thence running east to the water's edge at the northwest point of the peninsula of Government Lot 1, Section 8, Township 130 North, Range 40 West, that projects into said lake is designated as a migratory waterfowl feeding and resting area.

Subp. 8.

Mud Lake, Traverse County.

All that portion of Mud Lake in Traverse County within the following described area is designated as a migratory waterfowl feeding and resting area:

Beginning at the point where the Bois de Sioux River enters the bed of Mud Lake north of Reservation Dam; thence northeast along the west boundary of Minnesota to a point due west of the farthest north portion of Lewis Point; thence east to said point on Lewis Point; thence southeast along the shoreline of Mud Lake defined by the prevailing water level to the point of beginning.

Subp. 9.

Minnesota Lake, Faribault and Blue Earth Counties.

All that portion of Minnesota Lake in Faribault and Blue Earth Counties within the area posted by signs or buoys and identified as a migratory waterfowl feeding and resting area is designated as a migratory waterfowl feeding and resting area.

Statutory Authority:

MS s 97A.045; 97A.095

History:

18 SR 83; 24 SR 644; 30 SR 613; 34 SR 621; 35 SR 2014; 39 SR 1006

Published Electronically:

January 12, 2015

COMMON CROW

6240.2300 COMMON CROW SEASON.

Subpart 1.

Open dates.

Common crows may be taken from July 15 through October 15 and from March 1 through March 31.

Subp. 2.

Bag limits.

Common crows may be taken and possessed without limit during the open season. Common crows taken must be retrieved and removed from the field.

Subp. 3.

Eligibility to take common crows.

Residents and nonresidents may take common crows with legal firearms, bow and arrow, and by falconry without a license.

Subp. 4.

Open zone to take common crows.

Common crows may be taken statewide during the prescribed dates and hours.

Statutory Authority:

MS s 97B.731

History:

18 SR 83; 24 SR 644

Published Electronically:

October 3, 2013

6240.2400 METHODS OF TAKING COMMON CROW.

Subpart 1.

Taking common crows by firearms.

A person may take common crows with a shotgun not larger than ten gauge or with a handgun or rifle of any caliber.

Subp. 2.

Use of electronic calls and radios.

Common crows may be taken by the use or aid of recorded or electronically amplified calls or sounds. Electronic devices may not be left unattended.

Statutory Authority:

MS s 97B.731

History:

18 SR 83

Published Electronically:

October 3, 2013

6240.2500 TAKING COMMON CROWS IN DEPREDATION SITUATIONS.

Subpart 1.

Taking common crows when causing damage.

Persons may take common crows statewide at any time of year when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute health problems or other nuisances.

Subp. 2.

Disturbance of nests and eggs.

Common crows' nests and eggs may not be disturbed at any time.

Statutory Authority:

MS s 97B.731

History:

18 SR 83

Published Electronically:

October 3, 2013

6240.2600 TAKING COMMON CROWS IN WATERFOWL PRODUCTION AREAS, GAME REFUGES, AND WILDLIFE MANAGEMENT AREAS.

Common crows may be taken on wildlife management areas and federal waterfowl production areas that are open to hunting. Common crows may also be taken within state game refuges open to small game hunting, except those refuges closed to waterfowl hunting.

Statutory Authority:

MS s 97B.731

History:

18 SR 83; 30 SR 613

Published Electronically:

October 3, 2013