2001 Minnesota Statutes

CHAPTER 97B. Hunting

     97B.001 Trespass. 

    Subdivision 1.    Agricultural land definition.  For 
 purposes of this section, "agricultural land" means land: 

    (1) that is plowed or tilled; 

    (2) that has standing crops or crop residues; 

    (3) within a maintained fence for enclosing domestic 
 livestock; 

    (4) that is planted native or introduced grassland or hay 
 land; or 

    (5) that is planted to short rotation woody crops as 
 defined in section 41B.048, subdivision 4. 

    Subd. 1a.    Outdoor recreation definition.  "Outdoor 
 recreation" means any voluntary activity, including hunting, 
 fishing, trapping, boating, hiking, camping, and engaging in 
 winter sports, which is conducted primarily for the purposes of 
 pleasure, rest, or relaxation and is dependent upon or derives 
 its principal benefit from natural surroundings.  

    Subd. 2.    Permission required to enter agricultural land 
 for outdoor recreation purposes.  Except as provided in 
 subdivisions 5 and 6, a person may not enter agricultural land 
 for outdoor recreation purposes, without first obtaining 
 permission of the owner, occupant, or lessee. 

    Subd. 3.    Remaining on land prohibited after notice.  
 Except as provided in subdivision 6, a person may not remain on 
 any land for outdoor recreation purposes after being orally told 
 not to do so by the owner, occupant, or lessee.  

    Subd. 4.    Entering posted land prohibited; signs.  (a) 
 Except as provided in subdivision 6, a person may not enter, for 
 outdoor recreation purposes, any land that is posted under this 
 subdivision without first obtaining permission of the owner, 
 occupant, or lessee.  

    (b) The owner, occupant, or lessee of private land, or an 
 authorized manager of public land may prohibit outdoor 
 recreation on the land by posting signs once each year that: 

    (1) state "no trespassing" or similar terms; 

    (2) display letters at least two inches high; 

    (3) either: 

    (i) are signed by the owner, occupant, lessee, or 
 authorized manager; or 

    (ii) include the legible name and telephone number of the 
 owner, occupant, lessee, or authorized manager; and 

    (4) either: 

    (i) are at intervals of 1,000 feet or less along the 
 boundary of the area, or in a wooded area where boundary lines 
 are not clear, at intervals of 500 feet or less; or 

    (ii) mark the primary corners of each parcel of land and 
 access roads and trails at the point of entrance to each parcel 
 of land except that corners only accessible through agricultural 
 land need not be posted. 

    (c) A person may not erect a sign that prohibits outdoor 
 recreation or trespassing where the person does not have a 
 property right, title, or interest to use the land. 

    Subd. 5.    Retrieving wounded game.  Except as provided 
 in subdivision 3, a person on foot may, without permission of 
 the owner, occupant, or lessee, enter land that is not posted 
 under subdivision 4, to retrieve a wounded animal that was 
 lawfully shot.  The hunter must leave the land immediately after 
 retrieving the wounded game.  

    Subd. 6.    Retrieving hunting dogs.  A person on foot 
 may, without permission of the owner, occupant, or lessee, enter 
 private land without a firearm to retrieve a hunting dog.  After 
 retrieving the dog, the person must immediately leave the 
 premises.  

    Subd. 7.    Taking with firearms in certain areas.  (a) 
 A person may not take a wild animal with a firearm within 500 
 feet of a building occupied by a human or livestock without the 
 written permission of the owner, occupant, or lessee:  

    (1) on another person's private land; or 

    (2) on a public right-of-way.  

    (b) A person may not take a wild animal with a firearm 
 without the permission of the owner, occupant, or lessee, within 
 500 feet of a stockade or corral containing livestock.  

    (c) A person may not take a wild animal on any land where 
 the person is prohibited from entering by this section.  

    Subd. 8.    Destruction of property; gate closing.  A 
 person may not: 

    (1) wound or kill another person's domestic animal; 

    (2) destroy, cut, or tear down another person's fence, 
 building, grain, crops, live tree, or sign erected under 
 subdivision 4; or 

    (3) pass through another person's closed gate without 
 returning the gate to its original position.  

    HIST: 1986 c 386 art 2 s 1; 1987 c 149 art 1 s 40-42; 1996 c 
 301 s 1-7; 1Sp2001 c 2 s 117 

     97B.002 Civil trespass. 

    Subdivision 1.    Authority to issue.  Conservation 
 officers, sheriffs, and deputies may issue citations to a person 
 who trespasses in violation of section 84.90 or 97B.001 or 
 removes a sign posted to prevent trespass without permission of 
 the owner of the property. 

    Subd. 2.    Penalty amount.  The citation must impose 
 the following penalty amounts: 

    (1) $50 for the first violation; 

    (2) $200 for the second violation in a three-year period; 

    (3) for a third or subsequent violation in a three-year 
 period, the penalty shall be $500 and loss of every license or 
 registration being used; and 

    (4) $50 for removal of a sign posted pursuant to this 
 section. 

    Subd. 3.    Appeals.  Citations may be appealed under 
 the procedures in section 116.072, subdivision 6, if the person 
 requests a hearing by notifying the commissioner in writing 
 within 15 days after receipt of the citation.  If a hearing is 
 not requested within the 15-day period, the citation becomes a 
 final order not subject to further review. 

    Subd. 4.    Enforcement of field citations.  Field 
 citations may be enforced under section 116.072, subdivisions 9 
 and 10. 

    Subd. 5.    Cumulative remedy.  The authority to issue 
 field citations is in addition to other remedies available under 
 statutory or common law, except that the state may not seek 
 penalties under any other provision of law for the incident 
 subject to the citation. 

    Subd. 6.    Payment of penalty.  Penalty amounts shall 
 be remitted within 30 days of issuance of the penalty citation 
 to the issuer. 

    Subd. 7.    Allocation of penalty amounts.  Penalty 
 amounts are deposited to the county or the commissioner for 
 deposit in the game and fish fund depending upon who issues the 
 citation. 

    HIST: 1996 c 301 s 8; 2000 c 466 s 2 

     97B.005 Training dogs. 

    Subdivision 1.    Field training; permit required for 
 certain period.  A person may not train hunting dogs afield 
 from April 16 to July 14 except by special permit.  The 
 commissioner may issue a special permit, without a fee, to train 
 hunting dogs afield on land owned by the trainer or on land that 
 the owner provides written permission.  The written permission 
 must be carried in personal possession of the trainer while 
 training the dogs.  

    Subd. 2.    Restriction on ammunition while training.  A 
 person training a dog afield and carrying a firearm may only 
 have blank cartridges and shells in personal possession when the 
 season is not open for any game bird, except as provided in 
 subdivision 3.  

    Subd. 3.    Permits for organizations and individuals to 
 use game birds and firearms.  The commissioner may issue 
 special permits, without a fee, to organizations and individuals 
 to use firearms and live ammunition on domesticated birds or 
 banded game birds from game farms for holding field trials and 
 training hunting dogs.  

    Subd. 4.    Use of raccoons.  The commissioner may issue 
 special permits, without a fee, to possess one raccoon to train 
 dogs for raccoon hunting.  

    HIST: 1986 c 386 art 2 s 2; 1993 c 269 s 9,10 

     97B.011 Dogs pursuing big game. 

    A person who observes a dog wounding, killing, or pursuing 
 in a manner that endangers big game may kill the dog: 

    (1) at any time, if the person is a peace officer or 
 conservation officer; or 

    (2) between January 1 and July 14, if the person is not a 
 peace officer or conservation officer and the discharge of 
 firearms is allowed.  

    The officer or person is not liable for damages for killing 
 the dog. 

    HIST: 1986 c 386 art 2 s 3; 1994 c 575 s 1 

     97B.015 Firearms safety and wildlife identification 
  course. 

    Subdivision 1.    Establishment.  The commissioner shall 
 make rules establishing a statewide course in the safe use of 
 firearms and identification of wild mammals and birds.  At least 
 one course must be held within the boundary of each school 
 district.  The courses must be conducted by the commissioner in 
 cooperation with other organizations.  The courses must instruct 
 youths in commonly accepted principles of safety in hunting and 
 handling common hunting firearms and identification of various 
 species of wild mammals and birds by sight and other unique 
 characteristics. 

    Subd. 2.    Administration, supervision, and enforcement. 
  (a) The commissioner shall appoint a qualified person from 
 the enforcement division under civil service rules as supervisor 
 of hunting safety and prescribe the duties and responsibilities 
 of the position.  The commissioner shall determine and provide 
 the enforcement division with the necessary personnel for this 
 section.  

    (b) The commissioner may appoint one or more county 
 directors of hunting safety in each county.  An appointed county 
 director is responsible to the enforcement division.  The 
 enforcement division may appoint instructors necessary for this 
 section.  County directors and instructors shall serve on a 
 voluntary basis without compensation.  The enforcement division 
 must supply the materials necessary for the course.  School 
 districts may cooperate with the commissioner and volunteer 
 instructors to provide space for the classroom portion of the 
 training.  

    Subd. 3.    Liability insurance.  The commissioner shall 
 obtain insurance to cover all liability incurred by the county 
 directors and instructors for bodily injury, death, and property 
 damage in the performance of their duties under this section.  

    Subd. 4.    Student fee.  To defray the expense of the 
 course, the enforcement division shall collect a fee from each 
 person that takes the firearm safety course.  The commissioner 
 shall establish a fee that neither significantly overrecovers 
 nor underrecovers costs, including overhead costs, involved in 
 providing the services.  The fee is not subject to the 
 rulemaking provisions of chapter 14 and section 14.386 does not 
 apply.  The fees shall be deposited in the game and fish fund 
 and the amount thereof is appropriated annually to the 
 enforcement division of the department of natural resources for 
 the administration of the program.  In addition to the fee 
 established by the commissioner, instructors may charge each 
 person up to the established fee amount for class materials and 
 expenses. 

    Subd. 5.    Firearms safety certificate.  The 
 commissioner shall issue a firearms safety certificate to a 
 person that satisfactorily completes the required course of 
 instruction.  A certificate may not be issued to a person under 
 age 12.  A person that is age 11 may take the firearms safety 
 course and may receive a firearms safety certificate at age 12.  
 The form and content of the firearms safety certificate shall be 
 prescribed by the commissioner.  

    Subd. 6.    Provisional certificate for persons with 
 mental retardation or a related condition.  Upon the 
 recommendation of a course instructor, the commissioner may 
 issue a provisional firearms safety certificate to a person who 
 satisfactorily completes the classroom portion of the firearms 
 safety course but is unable to pass the written or an alternate 
 format exam portion of the course because of mental retardation 
 or a related condition as defined in section 97B.1055, 
 subdivision 1.  The certificate is valid only when used 
 according to section 97B.1055. 

    HIST: 1986 c 386 art 2 s 4; 1989 c 45 s 1; 2000 c 473 s 6; 
 2000 c 495 s 36,37 

     97B.020 Firearms safety certificate required. 

    (a) Except as provided in this section, a person born after 
 December 31, 1979, may not obtain an annual license to take wild 
 animals by firearms unless the person has a firearms safety 
 certificate or equivalent certificate, driver's license or 
 identification card with a valid firearms safety qualification 
 indicator issued under section 171.07, subdivision 13, previous 
 hunting license, or other evidence indicating that the person 
 has completed in this state or in another state a hunter safety 
 course recognized by the department under a reciprocity 
 agreement.  A person who is on active duty and has successfully 
 completed basic training in the United States armed forces, 
 reserve component, or national guard may obtain a hunting 
 license or approval authorizing hunting regardless of whether 
 the person is issued a firearms safety certificate. 

    (b) A person born after December 31, 1979, may not use a 
 lifetime license to take wild animals by firearms, unless the 
 person meets the requirements for obtaining an annual license 
 under paragraph (a). 

    HIST: 1991 c 63 s 1; 1999 c 231 s 125; 2000 c 341 s 9 

     97B.021 Possession of firearms by persons under age 16. 

    Subdivision 1.    Restrictions.  (a) Except as provided 
 in this subdivision, a person under the age of 16 may not 
 possess a firearm, unless accompanied by a parent or guardian.  

    (b) A person under age 16 may possess a firearm without 
 being accompanied by a parent or guardian: 

    (1) on land owned by, or occupied as the principal 
 residence of, the person or the person's parent or guardian; 

    (2) while participating in an organized target shooting 
 program with adult supervision; 

    (3) while the person is participating in a firearms safety 
 program or traveling to and from class; or 

    (4) if the person is age 14 or 15 and has a firearms safety 
 certificate. 

    Subd. 2.    Seizure of unlawfully possessed firearms.  A 
 law enforcement officer shall seize a firearm used in violation 
 of this section.  The officer must tag the seized firearm with 
 the name and address of the person from whom it was taken and 
 give the person a receipt.  The firearm shall be placed in the 
 custody of the conservation officer in charge of the area where 
 the seizure was made.  

    Subd. 3.    Return or forfeiture of seized firearms.  A 
 firearm seized under this section must be returned to the person 
 from whom it was seized when the person presents a firearms 
 safety certificate to the conservation officer.  The person must 
 present the certificate within 90 days after the beginning of 
 the first firearms training course in the county after the 
 firearm was seized.  If the person does not present a 
 certificate, the firearm is contraband and forfeited to the 
 state, and shall be disposed of as prescribed by the 
 commissioner.  

    HIST: 1986 c 386 art 2 s 5; 1996 c 410 s 38 

     97B.025 Hunter and trapper education. 

    The commissioner may establish education courses for 
 hunters and trappers.  The commissioner shall collect a fee from 
 each person attending a course.  The commissioner shall 
 establish a fee that neither significantly over recovers nor 
 under recovers costs, including overhead costs, involved in 
 providing the services.  The fee is not subject to the 
 rulemaking provisions of chapter 14 and section 14.386 does not 
 apply.  The fees shall be deposited in the game and fish fund 
 and the amount thereof is appropriated annually to the 
 enforcement division of the department of natural resources for 
 the administration of the program.  In addition to the fee 
 established by the commissioner, instructors may charge each 
 person up to the established fee amount for class materials and 
 expenses.  School districts may cooperate with the commissioner 
 and volunteer instructors to provide space for the classroom 
 portion of the training. 

    HIST: 1986 c 386 art 2 s 6; 1996 c 305 art 3 s 9; 1999 c 250 
 art 3 s 8; 2000 c 495 s 38 

*   NOTE:  The amendment to this section by Laws 1999, chapter 
*250, article 3, section 8, is effective July 1, 2001.  Laws 
*1999, chapter 250, article 3, section 29.

*   NOTE:  Laws 1999, chapter 250, article 3, does not repeal 
*rules or fees in effect on June 30, 2001.  Laws 2000, chapter 
*488, article 12, section 23.

     97B.031 Use and possession of firearms. 

    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 and may take big game with a .45 
 Winchester Magnum cartridge. 

    Subd. 2.    Handguns for small game.  A person may take 
 small game with a handgun of any caliber in a manner prescribed 
 by the commissioner.  

    Subd. 3.    Firearms larger than ten gauge prohibited.  
 A person may not use a firearm with a bore larger than a ten 
 gauge to take a protected wild animal.  

    Subd. 4.    Silencers prohibited.  A person may not own 
 or possess a silencer for a firearm or a firearm equipped to 
 have a silencer attached.  

    HIST: 1986 c 386 art 2 s 7; 1989 c 153 s 1; 1989 c 287 s 7; 
 2000 c 473 s 7 

     97B.035 Restrictions on archery equipment. 

    Subdivision 1.    Hunting with bows released by mechanical 
 devices.  (a) A person may not hunt with a bow drawn, held, or 
 released by a mechanical device, except with a disabled hunter 
 permit issued under section 97B.106 or as provided in paragraph 
 (b).  

    (b) A person may use a mechanical device attached to the 
 bowstring if the person's own strength draws, holds, and 
 releases the bowstring. 

    Subd. 2.    Possession of crossbows.  A person may not 
 possess a crossbow outdoors or in a motor vehicle during the 
 open season for any game, unless the crossbow is unstrung, and 
 in a case or in a closed trunk of a motor vehicle.  

    Subd. 3.    Poisoned and explosive arrows.  A person may 
 not hunt with an arrow that is poisoned or has an explosive tip. 

    Subd. 4.    Authority of commissioner.  The commissioner 
 may not impose restrictions on the possession, transportation, 
 or use of archery equipment except as specifically authorized by 
 law. 

    HIST: 1986 c 386 art 2 s 8; 1987 c 170 s 1; 1989 c 209 art 2 s 
 1; 1994 c 623 art 1 s 28 

     97B.041 Possession of firearms and ammunition restricted 
  in deer zones. 

    A person may not possess a firearm or ammunition outdoors 
 during the period beginning the fifth day before the open 
 firearms season and ending the second day after the close of the 
 season within an area where deer may be taken by a firearm, 
 except: 

    (1) during the open season and in an area where big game 
 may be taken, a firearm and ammunition authorized for taking big 
 game in that area may be used to take big game in that area if 
 the person has a valid big game license in possession; 

    (2) an unloaded firearm that is in a case or in a closed 
 trunk of a motor vehicle; 

    (3) a shotgun and shells containing No. 4 buckshot or 
 smaller diameter lead shot or steel shot; 

    (4) a handgun or rifle and only short, long, and long rifle 
 cartridges that are caliber of .22 inches; 

    (5) handguns possessed by a person authorized to carry a 
 handgun under sections 624.714 and 624.715 for the purpose 
 authorized; and 

    (6) on a target range operated under a permit from the 
 commissioner. 

    This section does not apply during an open firearms season 
 in an area where deer may be taken only by muzzleloader, except 
 that muzzleloading firearms lawful for the taking of deer may be 
 possessed only by persons with a valid license to take deer by 
 muzzleloader during that season. 

    HIST: 1986 c 386 art 2 s 9; 1987 c 149 art 1 s 43; 1993 c 269 
 s 11; 1994 c 623 art 1 s 29 

     97B.045 Transportation of firearms. 

    Subdivision 1.    Restrictions.  A person may not 
 transport a firearm in a motor vehicle unless the firearm is: 

    (1) unloaded and in a gun case expressly made to contain a 
 firearm, and the case fully encloses the firearm by being 
 zipped, snapped, buckled, tied, or otherwise fastened, and 
 without any portion of the firearm exposed; 

    (2) unloaded and in the closed trunk of a motor vehicle; or 

    (3) a handgun carried in compliance with sections 624.714 
 and 624.715.  

    Subd. 2.    Exception for disabled persons.  The 
 restrictions in subdivision 1 do not apply to a disabled person 
 if: 

    (1) the person possesses a permit under section 97B.055, 
 subdivision 3; 

    (2) the person is participating in a hunt sponsored by a 
 nonprofit organization under a permit from the commissioner or 
 is hunting on property owned or leased by the person; and 

    (3) the firearm is not loaded in the chamber until the 
 vehicle is stationary, or is a hinge action firearm with the 
 action open until the vehicle is stationary. 

    HIST: 1986 c 386 art 2 s 10; 1993 c 269 s 12 

     97B.051 Transportation of archery bows. 

    Except as specified under section 97B.055, subdivision 2, a 
 person may not transport an archery bow in a motor vehicle 
 unless the bow is:  

    (1) unstrung; 

    (2) completely contained in a case; or 

    (3) in the closed trunk or rear-most enclosed portion of a 
 motor vehicle that is not accessible from the passenger 
 compartment. 

    HIST: 1986 c 386 art 2 s 11; 2000 c 428 s 1; 2000 c 473 s 8 

     97B.055 Discharging firearms and bows and arrows. 

    Subdivision 1.    Restrictions related to highways.  (a) 
 A person may not discharge a firearm or an arrow from a bow on, 
 over, or across an improved public highway at a big game 
 animal.  A person may not discharge a firearm or bow and arrow 
 within the right-of-way of an improved public highway at a big 
 game animal.  The commissioner may by rule extend the 
 application of this subdivision to the taking of migratory 
 waterfowl in designated locations.  

    (b) A person may not discharge a firearm or an arrow from a 
 bow on, over, across, or within the right-of-way of an improved 
 public highway at a decoy of a big game animal that has been set 
 out by a licensed peace officer. 

    Subd. 2.    Restrictions related to motor vehicles.  A 
 person may not take a wild animal with a firearm or by archery 
 from a motor vehicle except as permitted in this section.  
 Notwithstanding section 97B.091, a person may transport a bow 
 uncased while in an electric motor-powered boat and may take 
 rough fish while in the boat. 

    Subd. 3.    Hunting from vehicle by disabled hunters.  
 (a) The commissioner may issue a special permit, without a fee, 
 to discharge a firearm or bow and arrow from a stationary motor 
 vehicle to a person who obtains the required licenses and who 
 has a permanent physical disability that is more substantial 
 than discomfort from walking.  The permit recipient must be:  

    (1) unable to step from a vehicle without aid of a 
 wheelchair, crutches, braces, or other mechanical support or 
 prosthetic device; or 

    (2) unable to walk any distance because of a permanent 
 lung, heart, or other internal disease that requires the person 
 to use supplemental oxygen to assist breathing.  

    (b) The permanent physical disability must be established 
 by medical evidence verified in writing by a licensed physician 
 or chiropractor.  The commissioner may request additional 
 information from the physician or chiropractor if needed to 
 verify the applicant's eligibility for the permit.  
 Notwithstanding section 97A.418, the commissioner may, in 
 consultation with appropriate advocacy groups, establish 
 reasonable minimum standards for permits to be issued under this 
 section.  In addition to providing the medical evidence of a 
 permanent disability, the applicant must possess a valid 
 disability parking certificate authorized by section 169.345 or 
 license plates issued under section 168.021.  

    (c) A person issued a special permit under this subdivision 
 and hunting deer may take a deer of either sex, except in those 
 antlerless permit areas and seasons where no antlerless permits 
 are offered.  This subdivision does not authorize another member 
 of a party to take an antlerless deer under section 97B.301, 
 subdivision 3. 

    (d) A permit issued under this subdivision is valid for 
 five years.  

    (e) The commissioner may deny, modify, suspend, or revoke a 
 permit issued under this section for cause, including a 
 violation of the game and fish laws or rules.  

    (f) A person who knowingly makes a false application or 
 assists another in making a false application for a permit under 
 this section is guilty of a misdemeanor.  A physician or 
 chiropractor who fraudulently certifies to the commissioner that 
 a person is permanently disabled as described in this section is 
 guilty of a misdemeanor. 

    Subd. 4.    Taking bounty animals from airplanes and 
 snowmobiles.  The commissioner may issue a special permit, 
 without fee, to take animals that the state pays a bounty for, 
 from an airplane or a snowmobile.  

    HIST: 1986 c 386 art 2 s 12; 1990 c 558 s 2; 1991 c 241 s 7; 
 1991 c 259 s 23; 1994 c 561 s 23; 1Sp1995 c 1 s 27; 1997 c 226 s 
 28; 2000 c 265 s 2; 2000 c 428 s 2; 2001 c 185 s 30 

     97B.061 Reports and records. 

    The commissioner may request a person who has taken game to 
 submit a report to the commissioner on a furnished form, stating 
 the number or kind of each game animal taken during the 
 preceding license year.  There is no penalty for failure to 
 comply with a request from the commissioner under this section, 
 and information submitted to the commissioner under this section 
 may not be used as evidence in a prosecution under this chapter, 
 chapter 97A or 97C. 

    HIST: 1986 c 386 art 2 s 13; 1987 c 149 art 1 s 44; 1Sp1995 c 
 1 s 28 

     97B.065 Hunting while under the influence of alcohol or 
  a controlled substance. 

    Subdivision 1.    Acts prohibited.  (a) A person may not 
 take wild animals with a firearm or by archery:  

    (1) when the person is under the influence of alcohol; 

    (2) when the person is under the influence of a controlled 
 substance, as defined in section 152.01, subdivision 4; 

    (3) when the person is under the influence of a combination 
 of any two or more of the elements in clauses (1) and (2); 

    (4) when the person's alcohol concentration is 0.10 or 
 more; 

    (5) when the person's alcohol concentration as measured 
 within two hours of the time of taking is 0.10 or more; or 

    (6) when the person is knowingly under the influence of any 
 chemical compound or combination of chemical compounds that is 
 listed as a hazardous substance in rules adopted under section 
 182.655 and that affects the nervous system, brain, or muscles 
 of the person so as to substantially impair the person's ability 
 to operate a firearm or bow and arrow. 

    (b) An owner or other person having charge or control of a 
 firearm or bow and arrow may not authorize or permit an 
 individual the person knows or has reason to believe is under 
 the influence of alcohol or a controlled substance, as provided 
 under paragraph (a), to possess the firearm or bow and arrow in 
 this state or on a boundary water of this state. 

    Subd. 2.    Arrest.  A peace officer may arrest a person 
 for a violation under subdivision 1 without a warrant upon 
 probable cause, without regard to whether the violation was 
 committed in the officer's presence.  

    Subd. 3.    Preliminary screening test.  When an officer 
 authorized under subdivision 2 to make arrests has reason to 
 believe that the person may be violating or has violated 
 subdivision 1, paragraph (a), the officer may require the person 
 to provide a breath sample for a preliminary screening test 
 using a device approved by the commissioner of public safety for 
 this purpose.  The results of the preliminary screening test 
 must be used for the purpose of deciding whether an arrest 
 should be made under this section and whether to require the 
 chemical tests authorized in section 97B.066, but may not be 
 used in any court action except:  (1) to prove that a test was 
 properly required of a person under section 97B.066, or (2) in a 
 civil action arising out of the operation of a firearm or bow 
 and arrow.  Following the preliminary screening test, additional 
 tests may be required of the person as provided under section 
 97B.066.  A person who refuses a breath sample is subject to the 
 provisions of section 97B.066 unless, in compliance with that 
 section, the person submits to a blood, breath, or urine test to 
 determine the presence of alcohol or a controlled substance. 

    Subd. 4.    Evidence.  In a prosecution for a violation 
 of subdivision 1, paragraph (a), or an ordinance in conformity 
 with it, the admission of evidence of the amount of alcohol or a 
 controlled substance in the person's blood, breath, or urine is 
 governed by section 169A.45. 

    Subd. 5.    Penalties.  (a) A person who violates a 
 prohibition in subdivision 1, or an ordinance in conformity with 
 it, is subject to the penalties provided in section 97A.331. 

    (b) A person who hunts during the period the person is 
 prohibited from hunting under subdivision 6 is guilty of a 
 misdemeanor. 

    Subd. 6.    Hunting privileges suspended.  Upon 
 conviction, and in addition to any penalty imposed under 
 subdivision 5, the person is subject to the limitations on 
 hunting provided in section 97A.421. 

    Subd. 7.    Duties of commissioner.  The court shall 
 promptly forward to the commissioner copies of all convictions 
 and criminal and civil penalties imposed under subdivision 5 and 
 section 97B.066, subdivision 2.  The commissioner shall notify 
 the convicted person of the period during which the person is 
 prohibited from hunting under subdivision 6 and section 
 97A.421.  The commissioner shall also periodically circulate to 
 appropriate law enforcement agencies a list of all persons who 
 are prohibited from hunting under subdivision 6 and section 
 97A.421. 

    Subd. 8.    Immunity from liability.  The state or 
 political subdivision that employs an officer who is authorized 
 under subdivision 2 to make an arrest for violations of 
 subdivision 1 is immune from any liability, civil or criminal, 
 for the care or custody of the hunting equipment in the physical 
 control of the person arrested if the officer acts in good faith 
 and exercises due care. 

    HIST: 1986 c 386 art 2 s 14; 1987 c 149 art 1 s 45; 1992 c 570 
 art 5 s 1; 1Sp1997 c 2 s 67; 2000 c 478 art 2 s 7 

     97B.066 Chemical testing. 

    Subdivision 1.    Mandatory chemical testing.  A person 
 who takes wild animals with a bow or firearm in this state or on 
 a boundary water of this state is required, subject to the 
 provisions of this section, to take or submit to a test of the 
 person's blood, breath, or urine for the purpose of determining 
 the presence and amount of alcohol or a controlled substance.  
 The test shall be administered at the direction of an officer 
 authorized to make arrests under section 97B.065, subdivision 
 2.  Taking or submitting to the test is mandatory when requested 
 by an officer who has probable cause to believe the person was 
 hunting in violation of section 97B.065, subdivision 1, 
 paragraph (a), and one of the following conditions exists: 

    (1) the person has been lawfully placed under arrest for 
 violating section 97B.065, subdivision 1, paragraph (a); 

    (2) the person has been involved while hunting in an 
 accident resulting in property damage, personal injury, or 
 death; 

    (3) the person has refused to take the preliminary 
 screening test provided for in section 97B.065, subdivision 3; 
 or 

    (4) the screening test was administered and indicated an 
 alcohol concentration of 0.10 or more. 

    Subd. 2.    Penalties; refusal; revocation of hunting 
 privilege.  (a) If a person refuses to take a test required 
 under subdivision 1, none must be given but the officer 
 authorized to make arrests under section 97B.065, subdivision 2, 
 shall report the refusal to the commissioner of natural 
 resources and to the authority having responsibility for 
 prosecution of misdemeanor offenses for the jurisdiction in 
 which the incident occurred that gave rise to the test demand 
 and refusal. 

    On certification by the officer that probable cause existed 
 to believe the person had been hunting while under the influence 
 of alcohol or a controlled substance, and that the person 
 refused to submit to testing, the commissioner shall impose a 
 civil penalty of $500 and shall prohibit the person from hunting 
 for one year. 

    On behalf of the commissioner, an officer requiring a test 
 or directing the administration of a test shall serve on a 
 person who refused to permit a test immediate notice of 
 intention to prohibit the person from hunting, and to impose the 
 civil penalty set forth in this subdivision.  If the officer 
 fails to serve a notice of intent to suspend hunting privileges, 
 the commissioner may notify the person by certified mail to the 
 address on the license of the person.  The notice must advise 
 the person of the right to obtain administrative and judicial 
 review as provided in this section.  The prohibition imposed by 
 the commissioner takes effect ten days after receipt of the 
 notice.  The civil penalty is imposed 30 days after receipt of 
 the notice or upon return of the certified mail to the 
 commissioner, and must be paid within 30 days of imposition. 

    (b) A person who hunts during the period the person is 
 prohibited from hunting as provided under paragraph (a) is 
 guilty of a misdemeanor. 

    Subd. 3.    Rights and obligations.  At the time a test 
 is requested, the person must be informed that: 

    (1) Minnesota law requires a person to take a test to 
 determine if the person is under the influence of alcohol or a 
 controlled substance; 

    (2) if the person refuses to take the test, the person is 
 subject to a civil penalty of $500 and is prohibited for a 
 one-year period from hunting, as provided under subdivision 2; 
 and 

    (3) that the person has the right to consult with an 
 attorney, but that this right is limited to the extent it cannot 
 unreasonably delay administration of the test or the person will 
 be deemed to have refused the test. 

    Subd. 4.    Requirement of urine test.  Notwithstanding 
 subdivision 1, if there is probable cause to believe there is 
 impairment by a controlled substance that is not subject to 
 testing by a breath test, a blood or urine test may be required 
 even after a breath test has been administered. 

    Subd. 5.    Chemical tests.  Chemical tests administered 
 under this section are governed by section 169A.51. 

    Subd. 6. Repealed, 1Sp1997 c 2 s 69 

    Subd. 7.    Administrative review.  (a) At any time 
 during the period of prohibition or revocation imposed under 
 this section, the person may request in writing a review of the 
 order imposing sanctions under this section.  If the person 
 makes a request for administrative review within 30 days 
 following receipt of a notice and order imposing sanctions, the 
 request shall stay imposition of the civil penalty.  Upon 
 receiving the request for review, the commissioner or the 
 commissioner's designee shall review the order, the evidence 
 upon which the order was based, and other material information 
 brought to the attention of the commissioner and determine 
 whether sufficient cause exists to sustain the order.  

    (b) Within 15 days after receiving the request, the 
 commissioner shall issue a written report ordering that the 
 prohibition, revocation, or civil penalty be either sustained or 
 rescinded.  The review provided in this subdivision is not 
 subject to the contested case provisions of the Administrative 
 Procedure Act under chapter 14.  The availability of 
 administrative review does not have an effect upon the 
 availability of judicial review under this section.  

    Subd. 8.    Judicial review.  (a) Within 30 days 
 following receipt of a notice and order imposing sanctions under 
 this section, a person may petition the court for review.  The 
 petition must be filed with the district court administrator in 
 the county where the incident occurred giving rise to the test 
 demand and refusal, together with proof of service of a copy on 
 the commissioner and the prosecuting authority for misdemeanor 
 offenses for the jurisdiction in which the incident occurred.  A 
 responsive pleading is not required of the commissioner of 
 natural resources, and court fees may not be charged for the 
 appearance of the representative of the commissioner in the 
 matter. 

    (b) The petition must be captioned in the name of the 
 person making the petition as petitioner and the commissioner as 
 respondent.  The petition must state specifically the grounds 
 upon which the petitioner seeks rescission of the order imposing 
 sanctions.  

    (c) The filing of the petition does not stay the revocation 
 or prohibition against hunting.  However, the filing of a 
 petition stays imposition of the civil penalty.  The judicial 
 review shall be conducted according to the rules of civil 
 procedure.  

    Subd. 9.    Hearing.  (a) A hearing under this section 
 must be before a district court judge in the county where the 
 incident occurred which gave rise to the test demand and 
 refusal.  The hearing must be to the court and may be conducted 
 at the same time as hearings upon pretrial motions in the 
 criminal prosecution under section 97B.065.  The hearing must be 
 recorded.  The commissioner must be represented by the 
 prosecuting authority for misdemeanor offenses for the 
 jurisdiction in which the incident occurred which gave rise to 
 the test demand and refusal. 

    (b) The hearing must be held at the earliest practicable 
 date and in any event no later than 60 days following the filing 
 of the petition for review.  The reviewing court may order a 
 temporary stay of the balance of the prohibition or revocation 
 if the hearing has not been conducted within 60 days after 
 filing of the petition, upon the application of the petitioner 
 and upon terms the court deems proper. 

    (c) The scope of the hearing must be limited to the issues 
 of: 

    (1) whether the officer had probable cause to believe that 
 the person violated section 97B.065; 

    (2) whether one of the conditions in subdivision 1 existed; 

    (3) whether the person was informed as prescribed in 
 subdivision 3; and 

    (4) whether the person refused to submit to testing. 

    (d) It is an affirmative defense for the petitioner to 
 prove that, at the time of the refusal, the petitioner's refusal 
 to permit the test was based upon reasonable grounds. 

    (e) The court shall order that the prohibition or 
 revocation be either sustained or rescinded and shall either 
 sustain or rescind the civil penalty.  The court shall forward a 
 copy of the order to the commissioner. 

    Subd. 10.    Payment of civil penalty.  The civil 
 penalty imposed under subdivision 2 must be paid to the 
 political subdivision that represents the commissioner on the 
 petition for judicial review or, in the event that a petition is 
 not filed, to the political subdivision that would have 
 represented the commissioner had a petition been filed.  If a 
 person does not pay the civil penalty, the prohibition against 
 hunting is automatically extended until the political 
 subdivision reports to the commissioner in writing that the 
 penalty has been paid. 

    Subd. 11.    Enforcement of civil penalty.  (a) If a 
 person does not pay the civil penalty imposed under subdivision 
 2 within 30 days of the date it was imposed, the prosecuting 
 authority representing the commissioner may petition the 
 district court in the county where the incident occurred to file 
 the order imposing the civil penalty as an order of the court. 

    (b) Once entered, the order may be enforced in the same 
 manner as a final judgment of the court.  In addition to the 
 penalty, attorney fees, costs, and interest may be assessed 
 against any person who fails to pay the civil penalty. 

    HIST: 1992 c 570 art 5 s 2; 1Sp1997 c 2 s 8-13; 2000 c 478 art 
 2 s 7 

     97B.071 Blaze orange requirements. 

    (a) Except as provided in rules adopted under paragraph 
 (c), a person may not hunt or trap during the open season where 
 deer may be taken by firearms under applicable laws and 
 ordinances, unless the visible portion of the person's cap and 
 outer clothing above the waist, excluding sleeves and gloves, is 
 blaze orange.  Blaze orange includes a camouflage pattern of at 
 least 50 percent blaze orange within each foot square.  This 
 section does not apply to migratory waterfowl hunters on waters 
 of this state or in a stationary shooting location or to 
 trappers on waters of this state. 

    (b) Except as provided in rules adopted under paragraph 
 (c), and in addition to the requirement in paragraph (a), a 
 person may not take small game other than turkey, migratory 
 birds, raccoons, and predators, except when hunting with 
 nontoxic shot or while trapping, unless a visible portion of at 
 least one article of the person's clothing above the waist is 
 blaze orange.  This paragraph does not apply to a person hunting 
 by falconry.  

    (c) The commissioner may, by rule, prescribe an alternative 
 color in cases where paragraph (a) or (b) would violate the 
 Religious Freedom Restoration Act of 1993, Public Law Number 
 103-141. 

    (d) A violation of paragraph (b) shall not result in a 
 penalty, but is punishable only by a safety warning. 

    HIST: 1986 c 386 art 2 s 15; 1993 c 196 s 1; 1993 c 269 s 13; 
 1994 c 623 art 1 s 30; 1994 c 632 art 2 s 26; 1996 c 410 s 39; 
 2000 c 473 s 9 

     97B.075 Hunting restricted between evening and morning. 

    A person may not take protected wild animals, except 
 raccoon and fox, with a firearm between the evening and morning 
 times established by commissioner's rule, except big game may be 
 taken from one-half hour before sunrise until one-half hour 
 after sunset, and, except as otherwise prescribed by the 
 commissioner during the first eight days of the season, until 
 January 1, 2001, waterfowl may be taken from one-half hour 
 before sunrise until sunset during the entire season prescribed 
 by the commissioner. 

    HIST: 1986 c 386 art 2 s 16; 1991 c 259 s 23; 1994 c 623 art 1 
 s 31; 1Sp1995 c 1 s 29; 1997 c 226 s 29 

     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.  

    (e) This subdivision does not apply to persons taking 
 raccoons under section 97B.621, subdivision 3.  

    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.  

    HIST: 1986 c 386 art 2 s 17; 1987 c 131 s 1; 1987 c 149 art 1 
 s 46 

     97B.085 Use of radios to take animals. 

    Subdivision 1.    Radio use in taking game prohibited.  
 A person may not use radio equipment to take big game or small 
 game. 

    Subd. 2.    Taking unprotected wild animals; permit 
 required.  A person may not use radio equipment to take 
 unprotected wild animals without a permit.  The commissioner may 
 issue a permit to take unprotected animals with radio 
 equipment.  The commissioner shall cancel the permit upon 
 receiving a valid complaint of misconduct regarding the 
 permittee's hunting activities.  

    Subd. 3.    Communication excepted.  This section does 
 not prohibit the use of one-way radio communication between a 
 handler and a dog. 

    HIST: 1986 c 386 art 2 s 18; 1991 c 166 s 1; 1992 c 479 s 1 

     97B.091 Use of motor vehicles to chase wild animals 
  prohibited. 

    A person may not use a motor vehicle to intentionally 
 drive, chase, run over, kill, or take a wild animal.  

    HIST: 1986 c 386 art 2 s 19 

     97B.095 Disturbing burrows and dens. 

    A person may not disturb the burrow or den of a wild animal 
 between November 1 and April 1 without a permit.  

    HIST: 1986 c 386 art 2 s 20 

     97B.101 Hunting with ferrets prohibited. 

    A person may not take a protected wild animal with the aid 
 of a ferret.  

    HIST: 1986 c 386 art 2 s 21 

     97B.105 Hunting by falconry. 

    A person may take a protected wild animal by falconry under 
 rules prescribed by the commissioner.  

    HIST: 1986 c 386 art 2 s 22 

     97B.1055 Hunting by persons with mental retardation or a 
  related condition. 

    Subdivision 1.    Definitions.  For purposes of this 
 section and section 97B.015, subdivision 6, "person with mental 
 retardation or a related condition" means a person who has been 
 diagnosed as having substantial limitations in present 
 functioning, manifested as significantly subaverage intellectual 
 functioning, existing concurrently with demonstrated deficits in 
 adaptive behavior, and who manifests these conditions before the 
 person's 22nd birthday.  A person with a related condition means 
 a person who meets the diagnostic definition under section 
 252.27, subdivision 1a. 

    Subd. 2.    Obtaining a license.  (a) Notwithstanding 
 section 97B.020, a person with mental retardation or a related 
 condition may obtain a firearms hunting license with a 
 provisional firearms safety certificate issued under section 
 97B.015, subdivision 6. 

    (b) Any person accompanying or assisting a person with 
 mental retardation or a related condition under this section 
 must possess a valid firearms safety certificate issued by the 
 commissioner. 

    Subd. 3.    Assistance required.  A person who obtains a 
 firearms hunting license under subdivision 2 must be accompanied 
 and assisted by a parent, guardian, or other adult person 
 designated by a parent or guardian when hunting.  A person who 
 is not hunting but is solely accompanying and assisting a person 
 with mental retardation or a related condition need not obtain a 
 hunting license.  

    Subd. 4.    Prohibited activities.  (a) This section 
 does not entitle a person to possess a firearm if the person is 
 otherwise prohibited from possessing a firearm under state or 
 federal law or a court order. 

    (b) No person shall knowingly authorize or permit a person, 
 who by reason of mental retardation or a related condition is 
 incapable of safely possessing a firearm, to possess a firearm 
 to hunt in the state or on any boundary water of the state. 

    HIST: 2000 c 473 s 10 

     97B.106 Crossbow permits for hunting and fishing. 

    Subdivision 1.    Qualifications for crossbow permits.  
 (a) The commissioner may issue a special permit, without a fee, 
 to take big game, small game, or rough fish with a crossbow to a 
 person that is unable to hunt or take rough fish by archery 
 because of a permanent or temporary physical disability.  

    (b) To qualify for a crossbow permit under this section, a 
 temporary disability must render the person unable to hunt or 
 fish by archery for a minimum of two years after application for 
 the permit is made.  The permanent or temporary disability must 
 be established by medical evidence, and the inability to hunt or 
 fish by archery for the required period of time must be verified 
 in writing by a licensed physician or chiropractor. 

    (c) The person must obtain the appropriate license.  

    Subd. 2.    Crossbow equipment and requirements.  (a) A 
 crossbow used for hunting under the provisions of this section 
 must:  

    (1) be fired from the shoulder; 

    (2) deliver at least 42 foot-pounds of energy at a distance 
 of ten feet; 

    (3) have a stock at least 30 inches long; 

    (4) have a working safety; and 

    (5) be used with arrows or bolts at least ten inches long. 

    (b) An arrow or bolt used to take big game or turkey under 
 the provisions of this section must meet the legal arrowhead 
 requirements in section 97B.211, subdivision 2. 

    (c) An arrow or bolt used to take rough fish with a 
 crossbow under the provisions of this section must be tethered 
 or controlled by an attached line. 

    HIST: 1988 c 588 s 6; 1991 c 241 s 8; 1993 c 69 s 1; 2000 c 
 428 s 3 

     97B.111 Special firearm hunting seasons for physically 
  disabled. 

    Subdivision 1.    Establishment; requirements.  The 
 commissioner may establish criteria, special seasons, and limits 
 for persons who have a physical disability to take big game and 
 small game with firearms and by archery in designated areas.  A 
 person hunting under this section who has a physical disability 
 must have a verified statement of the disability by a licensed 
 physician and must be participating in a program for physically 
 disabled hunters sponsored by a nonprofit organization that is 
 permitted under subdivision 2.  A license is not required for a 
 person to assist a physically disabled person hunting during a 
 special season under this section. 

    Subd. 2.    Permit for organization.  (a) The 
 commissioner may issue a special permit without a fee to a 
 nonprofit organization to provide an assisted hunting 
 opportunity to physically disabled hunters.  The assisted 
 hunting opportunity may take place: 

    (1) in areas designated by the commissioner under 
 subdivision 1; or 

    (2) on private property or a licensed shooting preserve. 

    (b) The sponsoring organization shall provide a physically 
 capable person to assist each disabled hunter with 
 safety-related aspects of hunting. 

    (c) The commissioner may impose reasonable permit 
 conditions. 

    HIST: 1991 c 72 s 1; 1993 c 269 s 14 

     97B.112 Special hunts for youth. 

    The commissioner may by rule establish criteria, special 
 seasons, and limits for youth hunters to take big game and small 
 game by firearms or archery in designated areas or times.  The 
 criteria may also include provisions for an unlicensed adult to 
 assist a youth hunter during a special season or special hunt 
 established under this section. 

    HIST: 1997 c 226 s 30 

     97B.201 No open season for caribou or antelope. 

    There may not be an open season on caribou or antelope.  

    HIST: 1986 c 386 art 2 s 23; 1987 c 373 s 12 

     97B.205 Use of dogs and horses to take big game 
  prohibited. 

    A person may not use a dog or horse to take big game. 

    HIST: 1986 c 386 art 2 s 24 

     97B.211 Hunting big game by archery. 

    Subdivision 1.    Possession of firearms prohibited.  
 Except when hunting bear, a person may not take big game by 
 archery while in possession of a firearm. 

    Subd. 2.    Arrowhead requirements.  Arrowheads used for 
 taking big game must be sharp, have a minimum of two metal 
 cutting edges, be of a barbless broadhead design, and must have 
 a diameter of at least seven-eighths inch.  The commissioner may 
 allow retractable broadhead arrowheads that meet the other 
 requirements of this subdivision. 

    HIST: 1986 c 386 art 2 s 25; 1987 c 183 s 1; 1993 c 269 s 15; 
 1994 c 623 art 1 s 32; 1997 c 226 s 31 

     97B.301 Deer licenses and limits. 

    Subdivision 1.    Licenses required.  A person may not 
 take deer without a license.  A person must have a firearms deer 
 license to take deer with firearms and an archery deer license 
 to take deer by archery except as provided in this section.  

    Subd. 2.    Limit of one deer.  Except as provided in 
 subdivisions 3 and 4, a person may obtain one firearms deer 
 license and one archery deer license in the same license year, 
 but may take only one deer.  

    Subd. 3.    Party hunting.  If two or more persons with 
 licenses to take deer by firearms, or two or more persons with 
 licenses to take deer by archery, are hunting as a party, a 
 member of the party may take more than one deer, but the total 
 number of deer taken by the party may not exceed the number of 
 persons licensed to take deer in the party.  

    Subd. 4.    Taking more than one deer.  (a) The 
 commissioner may, by rule, allow a person to take more than one 
 deer.  The commissioner shall prescribe the conditions for 
 taking the additional deer including:  

    (1) taking by firearm or archery; 

    (2) obtaining additional licenses; and 

    (3) payment of a fee not more than the fee for a firearms 
 deer license; and 

    (4) the total number of deer that an individual may take. 

    (b) In Kittson, Lake of the Woods, Marshall, Pennington, 
 and Roseau counties, a person may obtain one firearms deer 
 license and one archery deer license in the same license year, 
 and may take one deer under each license.  The commissioner may 
 limit the use of this provision in certain years to protect the 
 deer population in the area. 

    Subd. 5. Repealed, 1995 c 220 s 141; 1Sp1995 c 1 s 48 

    Subd. 6.    Residents under age 16 may take deer of either 
 sex.  A resident under the age of 16 may take a deer of either 
 sex except in those antlerless permit areas and seasons where no 
 antlerless permits are offered.  In antlerless permit areas 
 where no antlerless permits are offered, the commissioner may 
 provide a limited number of youth either sex permits to 
 residents under age 16, under the procedures provided in section 
 97B.305, and may give preference to residents under the age of 
 16 that have not previously been selected.  This subdivision 
 does not authorize the taking of an antlerless deer by another 
 member of a party under subdivision 3. 

    Subd. 7.    All season buck license.  A resident may 
 obtain an all season buck license to take one buck by firearm or 
 archery during any season statewide.  A person obtaining an all 
 season buck license does not qualify for hunting under 
 subdivision 3 or 4. 

    HIST: 1986 c 386 art 2 s 26; 1987 c 35 s 1; 1989 c 335 art 1 s 
 125; 1991 c 259 s 23; 1993 c 269 s 16,17; 1993 c 310 s 6; 1994 c 
 465 art 3 s 67; 1995 c 32 s 1; 1997 c 226 s 32; 2000 c 341 s 10; 
 2000 c 473 s 11; 2000 c 495 s 39 

     97B.305 Commissioner may limit number of deer hunters. 

    The commissioner may limit the number of persons that may 
 hunt deer in an area if it is necessary to prevent an 
 overharvest or improve the distribution of hunters.  The 
 commissioner may, by rule, establish a method, including a 
 drawing, to impartially select the hunters for an area.  The 
 commissioner shall give preference to hunters that have 
 previously applied and have not been selected.  

    HIST: 1986 c 386 art 2 s 27; 1991 c 259 s 23 

     97B.311 Deer seasons and restrictions. 

    (a) The commissioner may, by rule, prescribe restrictions 
 and designate areas where deer may be taken, including hunter 
 selection criteria for special hunts established under section 
 97A.401, subdivision 4.  The commissioner may, by rule, 
 prescribe the open seasons for deer within the following periods:

    (1) taking with firearms, other than muzzle-loading 
 firearms, between November 1 and December 15; 

    (2) taking with muzzle-loading firearms between September 1 
 and December 31; and 

    (3) taking by archery between September 1 and December 31. 

    (b) Notwithstanding paragraph (a), the commissioner may 
 establish special seasons within designated areas between 
 September 1 and January 15. 

    HIST: 1986 c 386 art 2 s 28; 1991 c 259 s 23; 1993 c 269 s 18; 
 1996 c 410 s 40 

  97B.312 Repealed, 2000 c 495 s 53 

  97B.315 Repealed, 1988 c 588 s 17 

     97B.321 Snares, traps, set guns, and swivel guns 
  prohibited. 

    A person may not take deer with the aid of a snare, trap, 
 set gun, or swivel gun.  

    HIST: 1986 c 386 art 2 s 30 

     97B.325 Deer stand restrictions. 

    A person may not take deer from a constructed platform or 
 other structure that is located within the right-of-way of an 
 improved public highway or is higher than 16 feet above the 
 ground.  The height restriction does not apply to a portable 
 stand that is chained, belted, clamped, or tied with rope. 

    HIST: 1986 c 386 art 2 s 31; 1986 c 444; 1988 c 587 s 1; 1990 
 c 558 s 3 

     97B.401 Bear license required. 

    A person may not take bear without a bear license except as 
 provided in section 97B.415 to protect property.  

    HIST: 1986 c 386 art 2 s 32 

     97B.405 Commissioner may limit number of bear hunters. 

    The commissioner may limit the number of persons that may 
 hunt bear in an area, if it is necessary to prevent an 
 overharvest or improve the distribution of hunters.  The 
 commissioner may establish, by rule, a method, including a 
 drawing, to impartially select the hunters for an area.  The 
 commissioner shall give preference to hunters that have 
 previously applied and have not been selected.  

    HIST: 1986 c 386 art 2 s 33; 1991 c 259 s 23 

     97B.411 Bear season and restrictions. 

    The commissioner may, by rule, prescribe the open season 
 and the areas and restrictions for the taking of bear.  

    HIST: 1986 c 386 art 2 s 34; 1991 c 259 s 23 

     97B.415 Taking bear to protect property. 

    A person may take a bear at any time to protect the 
 person's property.  The person must report the bear taken to a 
 conservation officer within 48 hours.  The bear may be disposed 
 of as prescribed by the commissioner.  

    HIST: 1986 c 386 art 2 s 35 

     97B.421 Permit required to snare bears. 

    A person may not use a snare to take a bear except under a 
 permit from the commissioner.  

    HIST: 1986 c 386 art 2 s 36 

     97B.425 Baiting bears. 

    Notwithstanding section 609.68, a person may place bait to 
 take bear and must display a tag at each site where bait is 
 placed and register the sites.  The commissioner shall prescribe 
 the method of tagging and registering the sites.  To attract 
 bear a person may not use a bait with: 

    (1) a carcass from a mammal, if the carcass contains more 
 than 25 percent of the intact carcass; 

    (2) meat from mammals, if the meat contains bones; 

    (3) bones of mammals; 

    (4) solid waste containing bottles, cans, plastic, paper, 
 or metal; 

    (5) materials that are not readily biodegradable; or 

    (6) any part of a swine, except cured pork. 

    HIST: 1986 c 386 art 2 s 37; 1988 c 531 s 1; 1988 c 677 s 1; 
 1993 c 231 s 38 

     97B.431 Bear hunting guides. 

    A person may not place bait for bear, or guide hunters to 
 take bear, for compensation without a bear hunting guide 
 license.  A bear hunting guide is not required to have a license 
 to take bear unless the guide is attempting to shoot a bear.  
 The commissioner shall adopt rules for qualifications for 
 issuance and administration of the licenses.  

    HIST: 1986 c 386 art 2 s 38 

     97B.501 Moose license required. 

    A person may not take moose without a moose license.  

    HIST: 1986 c 386 art 2 s 39 

     97B.505 Moose season and restrictions. 

    The commissioner may, by rule, prescribe the open season 
 and the areas and conditions for the taking of moose.  

    HIST: 1986 c 386 art 2 s 40; 1991 c 259 s 23 

     97B.511 Moose stand restrictions. 

    A person may not take moose from a constructed platform or 
 other structure higher than nine feet above the ground.  The 
 restriction does not apply to a portable stand that is chained, 
 belted, clamped, or tied with rope.  

    HIST: 1986 c 386 art 2 s 41; 1986 c 444 

     97B.515 Elk; license required, seasons, restrictions. 

    Subdivision 1.    License required.  A person may not 
 take an elk without an elk license.  

    Subd. 2.    Season and restrictions.  The commissioner 
 may, by rule, prescribe the open season and the areas and 
 conditions for the taking of elk when the precalving population 
 exceeds 20 animals.  

    Subd. 3.    Stand restrictions.  A person may not take 
 elk from a constructed platform or other structure higher than 
 nine feet above the ground.  The restriction does not apply to a 
 portable stand that is chained, belted, clamped, or tied with 
 rope.  

    HIST: 1987 c 373 s 13; 1991 c 259 s 23 

     97B.516 Elk management plan. 

    The commissioner of natural resources must adopt an elk 
 management plan that: 

    (1) recognizes the value and uniqueness of elk; 

    (2) provides for integrated management of an elk population 
 in harmony with the environment; 

    (3) affords optimum recreational opportunities; and 

    (4) restricts elk to nonagricultural land in the state. 

    HIST: 1987 c 373 s 14 

     97B.601 Small game licenses. 

    Subdivision 1.    Requirement.  A person may not take 
 small game without a small game license except as provided in 
 subdivision 4.  

    Subd. 2.    Trapping small game.  A person may not take 
 small game with traps without a trapping license and a small 
 game license except as provided in subdivision 4.  

    Subd. 3.    Nonresidents:  raccoon, bobcat, fox, coyote, 
 Canada lynx.  A nonresident may not take raccoon, bobcat, fox, 
 coyote, or Canada lynx without a separate license to take that 
 animal in addition to a small game license.  

    Subd. 4.    Exception to license requirements.  (a) A 
 resident under age 16 may take small game without a small game 
 license, and a resident under age 13 may trap without a trapping 
 license, as provided in section 97A.451, subdivision 3. 

    (b) A person may take small game without a small game 
 license on land occupied by the person as a principal residence. 

    (c) An owner or occupant may take certain small game 
 causing damage without a small game or trapping license as 
 provided in section 97B.655.  

    (d) A person may use dogs to pursue and tree raccoons under 
 section 97B.621, subdivision 2, during the closed season without 
 a license.  

    (e) A person may take turkey without a small game license. 

    HIST: 1986 c 386 art 2 s 42; 1987 c 149 art 1 s 47; 1991 c 254 
 art 2 s 34 

     97B.603 Taking small game as a party. 

    While two or more persons are taking small game as a party 
 and maintaining unaided visual and vocal contact, a member of 
 the party may take and possess more than one limit of small 
 game, but the total number of small game taken and possessed by 
 the party may not exceed the limit of the number of persons in 
 the party that may take and possess small game.  This section 
 does not apply to the hunting of migratory game birds or 
 turkeys, except that a licensed turkey hunter may assist another 
 licensed turkey hunter for the same zone and time period as long 
 as the hunter does not shoot or tag a turkey for the other 
 hunter. 

    HIST: 1989 c 153 s 2; 1990 c 605 s 6; 1996 c 364 s 5; 2001 c 
 206 s 2 

     97B.605 Commissioner may restrict taking of certain 
  small game animals. 

    The commissioner may prescribe restrictions on and 
 designate areas where gray and fox squirrels, cottontail and 
 jack rabbits, snowshoe hare, raccoon, lynx, bobcat, red fox and 
 gray fox, fisher, pine marten, opossum, and badger may be taken 
 and possessed.  

    HIST: 1986 c 386 art 2 s 43; 1987 c 149 art 1 s 48 

     97B.611 Squirrels. 

    Subdivision 1.    Seasons for gray and fox squirrels.  
 The statewide open season for gray and fox squirrels may be 
 prescribed by the commissioner between October 15 and December 
 31.  The commissioner may prescribe areas with additional open 
 seasons.  

    Subd. 2.    Fire and smoke prohibited.  A person may not 
 set fire to a tree or use smoke to take squirrels.  

    HIST: 1986 c 386 art 2 s 44 

     97B.615 Rabbit and hare season. 

    The statewide open season for cottontail, jack rabbits, and 
 snowshoe hare may be prescribed by the commissioner between 
 September 16 and March 1.  

    HIST: 1986 c 386 art 2 s 45 

     97B.621 Raccoons. 

    Subdivision 1.    Season.  The statewide open season for 
 raccoon may be set by the commissioner. 

    Subd. 2.    Period for treeing raccoons.  
 Notwithstanding subdivision 1, a person may use dogs to pursue 
 and tree raccoons without killing or capturing the raccoons:  

    (1) from January 1 to April 15 and from July 15 to October 
 14; and 

    (2) from April 16 to July 14 in raccoon dog field trials 
 under special permit issued by the commissioner under section 
 97B.005, subdivision 1. 

    Subd. 3.    Nighttime hunting restrictions.  To take 
 raccoons between sunset and sunrise, a person:  

    (1) must be on foot; 

    (2) may use an artificial light only if hunting with dogs; 

    (3) may not use a rifle other than one of a .22 inch 
 caliber with .22 short, long, or long rifle, rimfire ammunition; 
 and 

    (4) may not use shotgun shells with larger than No. 4 shot. 

    Subd. 4.    Prohibited methods of taking.  A person may 
 not take a raccoon: 

    (1) in a den or hollow tree; 

    (2) by cutting down a tree occupied by raccoon; or 

    (3) by setting fire to a tree or using smoke.  

    HIST: 1986 c 386 art 2 s 46; 1987 c 81 s 1; 1993 c 51 s 1; 
 1993 c 269 s 19 

     97B.625 Lynx and bobcat. 

    Subdivision 1.    Season.  Based upon population 
 estimates, the commissioner may set the open season for lynx or 
 bobcat.  

    Subd. 2.    Permit required to snare.  A person may not 
 use a snare to take lynx or bobcat except under a permit from 
 the commissioner.  

    HIST: 1986 c 386 art 2 s 47 

     97B.631 Fox. 

    Subdivision 1.    Restrictions on taking.  A person may 
 not remove a fox from a den or trap fox within 300 feet of a fox 
 den from April 1 to August 31.  

    Subd. 2.    Permit required to snare.  A person may not 
 use a snare to take fox except under a permit from the 
 commissioner. 

    HIST: 1986 c 386 art 2 s 48 

     97B.635 Fisher; badger; opossum; and pine marten. 

    Based upon population estimates, the commissioner may set 
 the open season for fisher, badger, opossum, and pine marten.  

    HIST: 1986 c 386 art 2 s 49; 1987 c 149 art 1 s 49 

     97B.641 Cougar and wolverine. 

    There is no open season for cougar or wolverine.  

    HIST: 1986 c 386 art 2 s 50 

     97B.645 Gray wolves. 

    Subdivision 1.    Use of dogs and horses prohibited; use 
 of guard animals.  Except as provided in this subdivision, a 
 person may not use a dog or horse to take a gray wolf.  A person 
 may use a guard animal to harass, repel, or destroy wolves to 
 protect a person's livestock, domestic animals, or pets.  A 
 person whose guard animal destroys a gray wolf under this 
 subdivision must protect all evidence and report the taking to a 
 conservation officer as soon as practicable but no later than 48 
 hours after the gray wolf is destroyed. 

    Subd. 2.    Permit required to snare.  A person may not 
 use a snare to take a wolf except under a permit from the 
 commissioner.  

    Subd. 3.    Destroying gray wolves in defense of human 
 life.  A person may, at any time and without a permit, take a 
 gray wolf in defense of the person's own life or the life of 
 another.  A person who destroys a gray wolf under this 
 subdivision must protect all evidence and report the taking to a 
 conservation officer as soon as practicable but no later than 48 
 hours after the gray wolf is destroyed. 

    Subd. 4.    Harassment of gray wolves.  To discourage 
 gray wolves from contact or association with people and domestic 
 animals, a person may, at any time and without a permit, harass 
 a gray wolf that is within 500 yards of people, buildings, dogs, 
 livestock, or other domestic pets and animals.  A gray wolf may 
 not be purposely attracted, tracked, or searched out for the 
 purpose of harassment.  Harassment that results in physical 
 injury to a gray wolf is prohibited. 

    Subd. 5.    Destroying gray wolves threatening livestock, 
 guard animals, or domestic animals.  An owner of livestock, 
 guard animals, or domestic animals, and the owner's agents may, 
 at any time and without a permit, shoot or destroy a gray wolf 
 when the gray wolf is posing an immediate threat to livestock, a 
 guard animal, or a domestic animal located on property owned, 
 leased, or occupied by the owner of the livestock, guard animal, 
 or domestic animal.  A person who destroys a gray wolf under 
 this subdivision must protect all evidence and report the taking 
 to a conservation officer as soon as practicable but no later 
 than 48 hours after the gray wolf is destroyed. 

    Subd. 6.    Destroying gray wolves threatening domestic 
 pets.  An owner of a domestic pet may, at any time and without 
 a permit, shoot or destroy a gray wolf when the gray wolf is 
 posing an immediate threat to a domestic pet under the 
 supervision of the owner.  A person who destroys a gray wolf 
 under this subdivision must protect all evidence and report the 
 taking to a conservation officer as soon as practicable but no 
 later than 48 hours after the gray wolf is destroyed. 

    Subd. 7.    Investigation of reported gray wolf takings. 
  (a) In response to a reported gray wolf taking under 
 subdivision 3, 5, or 6, the commissioner shall: 

    (1) investigate the reported taking; 

    (2) collect appropriate written and photographic 
 documentation of the circumstances and site of the taking, 
 including, but not limited to, documentation of animal husbandry 
 practices; 

    (3) confiscate salvageable remains of the gray wolf killed; 
 and 

    (4) dispose of any salvageable gray wolf remains 
 confiscated under this subdivision by sale or donation for 
 educational purposes. 

    (b) The commissioner shall produce monthly reports of 
 activities under this subdivision. 

    (c) In response to a reported gray wolf taking under 
 subdivision 5, the commissioner must notify the county extension 
 agent.  The county extension agent must recommend what, if any, 
 cost-conscious livestock best management practices and nonlethal 
 wolf depredation controls are needed to prevent future wolf 
 depredation.  Any best management practices recommended by the 
 county extension agent must be consistent with the best 
 management practices developed by the commissioner of 
 agriculture under section 3.737, subdivision 5. 

    Subd. 8.    Shooting or trapping gray wolves to protect 
 livestock, domestic animals, or pets in zone b.  (a) 
 Notwithstanding the provisions of subdivisions 1 and 4 to 7, and 
 season and time of day restrictions in the game and fish laws, 
 but subject to the remaining provisions of the game and fish 
 laws, in zone B, a person may: 

    (1) shoot a gray wolf on land owned, leased, or managed by 
 the person at any time to protect the person's livestock, 
 domestic animals, or pets; or 

    (2) employ a predator controller certified under section 
 97B.671 to trap a gray wolf on land owned, leased, or managed by 
 the person or on land within one mile of the land owned, leased, 
 or managed by the person to protect the person's livestock, 
 domestic animals, or pets. 

    (b) The person must report the gray wolf shot or trapped 
 under this subdivision to a conservation officer as soon as 
 practicable but no later than 48 hours after the gray wolf was 
 shot or trapped.  The gray wolf must be disposed of as 
 prescribed by the commissioner. 

    Subd. 9.    Open season.  There shall be no open season 
 for gray wolves for five years after the gray wolf is delisted 
 under the federal Endangered Species Act of 1973.  After that 
 time, the commissioner may prescribe open seasons and 
 restrictions for taking gray wolves but must provide opportunity 
 for public comment. 

    Subd. 10.    Release of wolf-dog hybrids and captive gray 
 wolves.  A person may not release a wolf-dog hybrid.  A person 
 may not release a captive gray wolf without a permit from the 
 commissioner. 

    Subd. 11.    Federal law.  Notwithstanding the 
 provisions of this section, a person may not take, harass, buy, 
 sell, possess, transport, or ship gray wolves in violation of 
 federal law. 

    Subd. 12.    Definitions.  (a) For purposes of this 
 section, the terms used have the meanings given. 

    (b) "Guard animal" means a donkey, llama, dog, or other 
 domestic animal specifically bred, trained, and used to protect 
 livestock, domestic animals, or pets from gray wolf depredation. 

    (c) "Immediate threat" means the observed behavior of a 
 gray wolf in the act of stalking, attacking, or killing 
 livestock, a guard animal, or a domestic pet under the 
 supervision of the owner.  If a gray wolf is not observed 
 stalking or attacking, the presence of a gray wolf feeding on an 
 already dead animal whose death was not caused by gray wolves is 
 not an immediate threat. 

    (d) "Zone B" means all that part of Minnesota south and 
 west of a line beginning on state trunk highway No. 48 at the 
 eastern boundary of the state; thence westerly along state trunk 
 highway No. 48 to interstate highway No. 35; thence northerly on 
 interstate highway No. 35 to state highway No. 23; thence west 
 one-half mile on state highway No. 23 to state trunk highway No. 
 18; thence westerly along state trunk highway No. 18 to state 
 trunk highway No. 65; thence northerly on state trunk highway 
 No. 65 to state trunk highway No. 210; thence westerly along 
 state trunk highway No. 210 to state trunk highway No. 6; thence 
 northerly on state trunk highway No. 6 to Emily; thence westerly 
 along county state-aid highway No. 1, Crow Wing county, to 
 county state-aid highway No. 2, Cass county; thence westerly 
 along county state-aid highway No. 2 to Pine River; thence 
 northwesterly along state trunk highway No. 371 to Backus; 
 thence westerly along state trunk highway No. 87 to U.S. highway 
 No. 71; thence northerly along U.S. highway No. 71 to state 
 trunk highway No. 200; thence northwesterly along state trunk 
 highway No. 200 to county state-aid highway No. 2, Clearwater 
 county; thence northerly along county state-aid highway No. 2 to 
 Shevlin; thence along U.S. highway No. 2 to Bagley; thence 
 northerly along state trunk highway No. 92 to Gully; thence 
 northerly along county state-aid highway No. 2, Polk county, to 
 county state-aid highway No. 27, Pennington county; thence along 
 county state-aid highway No. 27 to state trunk highway No. 1; 
 thence easterly along state trunk highway No. 1 to county 
 state-aid highway No. 28, Pennington county; thence northerly 
 along county state-aid highway No. 28 to county state-aid 
 highway No. 54, Marshall county; thence northerly along county 
 state-aid highway No. 54 to Grygla; thence west and northerly 
 along state highway No. 89 to Roseau; thence northerly along 
 state trunk highway No. 310 to the Canadian border. 

    HIST: 1986 c 386 art 2 s 51; 2000 c 463 s 15 

     97B.646 Gray wolf management plan. 

    The commissioner, in consultation with the commissioner of 
 agriculture, shall adopt a gray wolf management plan that 
 includes goals to ensure the long-term survival of the gray wolf 
 in Minnesota, to reduce conflicts between gray wolves and 
 humans, to minimize depredation of livestock and domestic pets, 
 and to manage the ecological impact of wolves on prey species 
 and other predators. 

    HIST: 2000 c 463 s 16 

     97B.651 Unprotected mammals. 

    Mammals that are unprotected wild animals may be taken at 
 any time and in any manner, except with artificial lights, or by 
 using a motor vehicle in violation of section 97B.091.  Poison 
 may not be used to take unprotected mammals unless the safety of 
 humans and domestic livestock is ensured.  Unprotected mammals 
 may be possessed, bought, sold, or transported in any quantity.  

    HIST: 1986 c 386 art 2 s 52 

     97B.655 Taking animals causing damage. 

    Subdivision 1.    Owners and occupants may take certain 
 animals.  A person may take mink, squirrel, rabbit, hare, 
 raccoon, lynx, bobcat, fox, opossum, 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, opossum, muskrat, or beaver under 
 this subdivision must notify a conservation officer or employee 
 of the division within 24 hours after the animal is killed. 

    Subd. 2.    Special permit for taking protected wild 
 animals.  The commissioner may issue special permits under 
 section 97A.401, subdivision 5, to take protected wild animals 
 that are damaging property.  

    HIST: 1986 c 386 art 2 s 53; 1987 c 149 art 1 s 50; 1989 c 287 
 s 5; 1997 c 226 s 33 

     97B.661 Removal of beaver from state lands. 

    The commissioner may remove beaver at state expense from 
 state land if the county board where the land is located adopts 
 a resolution requesting the removal.  

    HIST: 1986 c 386 art 2 s 54 

     97B.665 Impairment of drainage by beaver dams. 

    Subdivision 1.    Agreement by county board, landowner, 
 and commissioner.  (a) When a drainage watercourse is impaired 
 by a beaver dam, the commissioner shall take action to remove 
 the impairment, if: 

    (1) the county board unanimously consents; 

    (2) the landowner approves; 

    (3) the commissioner agrees; and 

    (4) the action is financially feasible. 

    (b) In a county with unanimous consent of the county board 
 of commissioners and approval of the landowner, the department 
 shall take action agreed to by unanimous consent of the county 
 board, the commissioner, and the landowner.  The action may 
 include destruction or alteration of beaver dams and removal of 
 beaver.  This subdivision does not apply to state parks, state 
 game refuges, and federal game refuges.  

    Subd. 2.    Petition to district court.  If a beaver dam 
 causes a threat to personal safety or a serious threat to damage 
 property, and a person cannot obtain consent under subdivision 
 1, a person may petition the district court for relief.  The 
 court may order the commissioner to take action to reduce the 
 threat.  

    HIST: 1986 c 386 art 2 s 55 

     97B.667 Removal of beaver dams and lodges by road 
  authorities. 

    When a drainage watercourse is impaired by a beaver dam and 
 the water damages or threatens to damage a public road, the road 
 authority, as defined in section 160.02, subdivision 9, may 
 remove the impairment and any associated beaver lodge within 300 
 feet of the road. 

    HIST: 1994 c 623 art 1 s 33; 1997 c 216 s 84 

     97B.671 Predator control program. 

    Subdivision 1.    Authorization to take predators.  If 
 the commissioner determines that predators are damaging domestic 
 or wild animals and further damage can be prevented, the 
 commissioner shall authorize the taking of the predators by 
 predator controllers.  The commissioner shall define the area 
 where the predators may be taken, the objectives to be achieved, 
 procedures for notifying predator controllers, payments to be 
 made, the methods to be used, and when the predator control 
 shall cease.  

    Subd. 2.    Certification of predator controllers.  (a) 
 The commissioner shall certify a person as a predator controller 
 if the person has not violated a provision of this section and 
 meets qualifications of experience, ability, and reliability.  
 The commissioner shall establish application procedures, 
 prescribe forms, and maintain a list of predator controllers.  
 The application procedures must include reports from 
 conservation officers and other department field personnel as to 
 the ability and reliability of the applicants.  

    (b) The commissioner may revoke a certification if the 
 predator controller violates a provision of sections 97B.601 to 
 97B.671 or 97B.901 to 97B.945 or a rule of the commissioner 
 relating to fur-bearing animals. 

    Subd. 3.    Predator control payments.  The commissioner 
 shall pay a predator controller the amount the commissioner 
 prescribes for each predator taken.  The commissioner shall pay 
 at least $25 but not more than $60 for each coyote taken.  The 
 commissioner may require the predator controller to submit proof 
 of the taking and a signed statement concerning the predators 
 taken.  

    Subd. 4.    Gray wolf control.  (a) The commissioner 
 shall provide a gray wolf control training program for certified 
 predator controllers participating in gray wolf control. 

    (b) After the gray wolf is delisted under the federal 
 Endangered Species Act of 1973, in zone B, as defined under 
 section 97B.645, subdivision 12, if the commissioner, after 
 considering recommendations from an extension agent or 
 conservation officer, has verified that livestock, domestic 
 animals, or pets were destroyed by a gray wolf within the 
 previous five years, and if the livestock, domestic animal, or 
 pet owner requests gray wolf control, the commissioner shall 
 open a predator control area for gray wolves. 

    (c) After the gray wolf is delisted under the federal 
 Endangered Species Act of 1973, in zone A, as defined under 
 paragraph (g), if the commissioner, after considering 
 recommendations from an extension agent or conservation officer, 
 verifies that livestock, domestic animals, or pets were 
 destroyed by a gray wolf, and if the livestock, domestic animal, 
 or pet owner requests gray wolf control, the commissioner shall 
 open a predator control area for gray wolves for up to 60 days. 

    (d) A predator control area opened for gray wolves may not 
 exceed a one-mile radius surrounding the damage site. 

    (e) The commissioner shall pay a certified gray wolf 
 predator controller $150 for each wolf taken.  The certified 
 gray wolf predator controller must dispose of unsalvageable 
 remains as directed by the commissioner.  All salvageable gray 
 wolf remains must be surrendered to the commissioner. 

    (f) The commissioner may, in consultation with the 
 commissioner of agriculture, develop a cooperative agreement for 
 gray wolf control activities with the United States Department 
 of Agriculture.  The cooperative agreement activities may 
 include, but not be limited to, gray wolf control, training for 
 state predator controllers, and control monitoring and 
 recordkeeping. 

    (g) For the purposes of this subdivision, "zone A" means 
 that portion of the state lying outside of zone B, as defined 
 under section 97B.645, subdivision 12. 

    HIST: 1986 c 386 art 2 s 56; 1993 c 231 s 39,40; 2000 c 463 s 
 17,18 

     97B.701 Protected birds. 

    Subdivision 1.    Taking of birds, nests, and eggs must be 
 authorized.  Protected birds, their nests, and their eggs may 
 be taken only as authorized under the game and fish laws.  

    Subd. 2.    Prohibited methods of taking.  A person may 
 not take protected birds: 

    (1) with a trap, net, or snare; 

    (2) using bird lime; 

    (3) with a swivel or set gun; 

    (4) by dragging a rope, wire, or other device across a 
 field; or 

    (5) by using fire.  

    Subd. 3.    Recapture of released bob-white quail.  
 Released bob-white quail may be recaptured without a license.  
 In Houston, Fillmore, and Winona counties, this subdivision 
 applies only to birds that are banded or otherwise marked. 

    HIST: 1986 c 386 art 2 s 57; 1987 c 149 art 1 s 51; 1994 c 623 
 art 1 s 34 

     97B.705 Restrictions on trapping birds. 

    (a) Except as provided in this section, a person may not 
 take a bird with a steel jaw leg-hold trap mounted on a pole, 
 post, tree stump, or other perch more than three feet above the 
 ground.  

    (b) A person that has a permit to take great horned owls 
 issued under United States Code, title 16, section 704, may trap 
 great horned owls from April 1 to October 15 if the person has a 
 game farm license or is the owner or operator of a poultry 
 farm.  The trap must be a padded jaw trap mounted at a height so 
 that the trapped owl may rest on the ground.  The trap must be 
 tended at least twice daily.  Uninjured birds shall be released 
 alive and injured birds shall receive appropriate veterinary 
 treatment. 

    HIST: 1986 c 386 art 2 s 58; 1995 c 188 s 1 

     97B.711 Game birds. 

    Subdivision 1.    Seasons for certain upland game birds. 
  (a) The commissioner may, by rule, prescribe an open season 
 in designated areas between September 16 and December 31 for: 

    (1) pheasant; 

    (2) ruffed grouse; 

    (3) sharp tailed grouse; 

    (4) Canada spruce grouse; 

    (5) prairie chicken; 

    (6) gray partridge; 

    (7) bob-white quail; and 

    (8) turkey. 

    (b) The commissioner may by rule prescribe an open season 
 for turkey in the spring.  

    Subd. 2.    Daily and possession limits for certain upland 
 game birds.  (a) A person may not take more than five in one 
 day or possess more than ten of each of the following: 

    (1) pheasant; 

    (2) ruffed grouse; 

    (3) sharp tailed grouse; 

    (4) Canada spruce grouse; 

    (5) prairie chicken; and 

    (6) gray partridge. 

    (b) A person may not take more than ten in one day or 
 possess more than 15 bob-white quail. 

    (c) The commissioner may, by rule, reduce the daily and 
 possession limits established in this subdivision. 

    Subd. 3.    Restrictions.  The commissioner may by rule 
 prescribe methods and other restrictions for the taking of game 
 birds. 

    HIST: 1986 c 386 art 2 s 59; 1991 c 259 s 23; 1993 c 231 s 
 41,42; 1994 c 623 art 1 s 35,36 

     97B.715 Pheasants. 

    Subdivision 1.    Stamp required.  (a) Except as 
 provided in paragraph (b) or section 97A.405, subdivision 2, a 
 person required to possess a small game license may not hunt 
 pheasants without:  

    (1) a pheasant stamp in possession; and 

    (2) a pheasant stamp validation on the small game license 
 when issued electronically.  

    (b) The following persons are exempt from this subdivision: 

    (1) residents under age 18 or over age 65; and 

    (2) persons hunting on licensed commercial shooting 
 preserves. 

    Subd. 2.    Daily and possession hen pheasant limits.  A 
 person may not take more than one hen pheasant in one day or 
 possess more than two hen pheasants.  

    Subd. 3.    Hunting hours.  A person may not take 
 pheasants between the evening time that the commissioner 
 establishes by rule and 9:00 a.m.  

    HIST: 1986 c 386 art 2 s 60; 1988 c 588 s 7; 1991 c 259 s 23; 
 1997 c 216 s 85 

     97B.721 License and stamp validation required to take 
  turkey; tagging and registration requirements. 

    (a) Except as provided in paragraph (b) or section 97A.405, 
 subdivision 2, a person may not take a turkey without possessing 
 a turkey license and a turkey stamp validation.  

    (b) The requirement in paragraph (a) to have a turkey stamp 
 validation does not apply to persons under age 18. 

    (c) The commissioner may by rule prescribe requirements for 
 the tagging and registration of turkeys. 

    HIST: 1986 c 386 art 2 s 61; 1991 c 254 art 2 s 35; 1993 c 231 
 s 43; 1996 c 364 s 6; 1997 c 216 s 86; 1Sp2001 c 2 s 118 

*   NOTE:  The amendment to this section by Laws 2001, First 
*Special Session chapter 2, section 118, is effective March 1, 
*2002.  Laws 2001, First Special Session chapter 2, section 118, 
*the effective date.

     97B.723 Commissioner may limit number of turkey hunters. 

    The commissioner may establish a method, including a 
 drawing, to impartially select persons eligible to take turkeys 
 in an area.  Preference must be given to persons that have 
 previously applied in the general selection but have not been 
 selected. 

    HIST: 1989 c 29 s 1 

     97B.725 License required to guide hunters. 

    A person may not guide turkey hunters for compensation 
 without a turkey hunter guide license.  The license must be 
 obtained before the day of the opening of the turkey season.  
 The commissioner shall prescribe qualifications for the issuance 
 of turkey hunter guide licenses.  

    HIST: 1986 c 386 art 2 s 62 

     97B.731 Migratory birds. 

    Subdivision 1.    Migratory game birds.  (a) Migratory 
 game birds may be taken and possessed.  A person may not take, 
 buy, sell, possess, transport, or ship migratory game birds in 
 violation of federal law.  

    (b) The commissioner shall prescribe seasons and limits for 
 migratory birds in accordance with federal law. 

    Subd. 2.    Taking mourning doves prohibited.  Mourning 
 doves may not be taken in the state.  

    Subd. 3.    Crow season.  The commissioner shall 
 prescribe a 124-day open season and restrictions for taking 
 crows.  The open season may not be shorter than the maximum 
 season allowed under federal law.  The remainder of the year 
 crows may be taken as allowed by federal law. 

    HIST: 1986 c 386 art 2 s 63; 1988 c 588 s 8; 1991 c 259 s 20; 
 1Sp1995 c 1 s 30 

     97B.801 Minnesota migratory waterfowl stamp required. 

    (a) Except as provided in this section or section 97A.405, 
 subdivision 2, a person required to possess a small game license 
 may not take migratory waterfowl without: 

    (1) a Minnesota migratory waterfowl stamp in possession; 
 and 

    (2) a migratory waterfowl stamp validation on the small 
 game license when issued electronically.  

    (b) Residents under age 18 or over age 65 and persons 
 hunting on their own property are not required to possess a 
 stamp or a license validation under this section.  

    HIST: 1986 c 386 art 2 s 64; 1997 c 216 s 87 

     97B.802 Special Canada goose season license required. 

    Except as provided in this section, a person required to 
 possess a small game license may not take Canada geese during a 
 special season without a valid special season Canada goose 
 license in possession.  Residents under age 18 or over age 65 
 and persons hunting on their own property are not required to 
 possess the license. 

    HIST: 1997 c 226 s 34 

     97B.803 Migratory waterfowl seasons and limits. 

    The commissioner shall prescribe seasons, limits, and areas 
 for taking migratory waterfowl in accordance with federal law.  

    HIST: 1991 c 259 s 21 

     97B.805 Restrictions on method of taking waterfowl on 
  water. 

    Subdivision 1.    Hunter must be concealed.  (a) A 
 person may not take migratory waterfowl, coots, or rails in open 
 water unless the person is:  

    (1) within a natural growth of vegetation sufficient to 
 partially conceal the person or boat; or 

    (2) pursuing or shooting wounded birds.  

    (b) A person may not take migratory waterfowl, coots, or 
 rails in public waters from a permanent artificial blind or sink 
 box.  

    Subd. 2.    Restrictions on watercraft.  

    (a) A person using watercraft to take migratory waterfowl 
 must comply with subdivision 1.  

    (b) Migratory waterfowl may be taken from a watercraft 
 propelled by motor or sails only if the watercraft has stopped 
 and the motor is shut off and the sails are furled.  

    (c) Migratory waterfowl may be taken from a floating 
 watercraft if the craft is drifting, beached, moored, resting at 
 anchor, or is being propelled by paddle, oars, or pole.  

    Subd. 3.    Unattended boats.  During the open season 
 for waterfowl, a person may not leave an unattended boat used 
 for hunting waterfowl in public waters between sunset and one 
 hour before sunrise, unless the boat is adjacent to private land 
 under the control of the person and the water does not contain a 
 natural growth of vegetation sufficient to partially conceal a 
 hunter or a boat.  

    HIST: 1986 c 386 art 2 s 65 

     97B.811 Decoys and blinds on public lands and waters. 

    Subdivision 1.    Blinds and decoys prohibited before 
 season.  A person may not erect a blind or place decoys in 
 public waters or on public land more than one hour before the 
 open season for waterfowl.  

    Subd. 2.    Hours for placing decoys.  Except as 
 provided in subdivisions 3 and 4, a person may not place decoys 
 in public waters or on public lands more than one hour before 
 lawful shooting hours for waterfowl.  

    Subd. 3.    Restrictions on leaving decoys overnight.  
 During the open season for waterfowl, a person may not leave 
 decoys in public waters between sunset and one hour before 
 lawful shooting hours unless:  

    (1) the decoys are in waters adjacent to private land under 
 the control of the hunter; and 

    (2) there is not natural vegetation growing in water 
 sufficient to partially conceal a hunter.  

    Subd. 4.    Decoys that are navigational hazard 
 prohibited.  A person may not leave decoys in public waters 
 between sunset and one hour before lawful shooting hours if the 
 decoys constitute a navigational hazard. 

    Subd. 5.    Rules governing blinds.  The commissioner 
 may adopt rules for the use of blinds on public lands and public 
 waters. 

    HIST: 1986 c 386 art 2 s 66; 1988 c 587 s 2; 1988 c 677 s 2; 
 1993 c 231 s 44 

     97B.901 Registration and tagging of fur-bearing animals. 

    (a) The commissioner may, by rule, require persons taking, 
 possessing, and transporting fur-bearing animals to tag the 
 animals.  The commissioner shall prescribe the manner of 
 issuance and the type of tag, which must show the year of 
 issuance.  The commissioner shall issue the tag, without a fee, 
 upon request. 

    (b) The pelt of each bobcat, fisher, pine marten, and otter 
 must be presented, by the person taking it, to a state wildlife 
 manager designee for registration before the pelt is sold and 
 before the pelt is transported out of the state, but in no event 
 more than 48 hours after the season closes for the species.  
 Until March 1, 2003, a possession or site tag is not required 
 prior to registration of the fisher, pine marten, or otter. 

    HIST: 1986 c 386 art 2 s 67; 1991 c 259 s 23; 1993 c 269 s 20; 2001 
 c 206 s 3 

     97B.905 Fur dealer's licenses. 

    Subdivision 1.    License requirement.  

    (a) A person may not buy or sell raw furs without a fur 
 buying and selling license, except:  

    (1) 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; and 

    (2) a person lawfully entitled to take fur-bearing animals 
 is not required to have a license to sell raw furs to a person 
 with a fur buying and selling license. 

    (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). 

    Subd. 2.    Nonresident license.  A nonresident must 
 obtain a license under section 97A.475, subdivision 22, to buy 
 or sell raw furs within the state, except a license is not 
 required to buy from a person licensed under section 97A.475, 
 subdivision 21. 

    Subd. 3.    Bond required for fur buyer license 
 applicants.  Applicants for a raw fur dealer's license must, 
 at the time of application for the license, furnish a corporate 
 surety bond in favor of the state for $1,000 payable upon 
 violation of the game and fish laws.  

    HIST: 1986 c 386 art 2 s 68; 1989 c 287 s 6; 1994 c 623 art 1 
 s 37 

     97B.911 Muskrat seasons. 

    The commissioner may establish open seasons and 
 restrictions for taking muskrat.  

    HIST: 1986 c 386 art 2 s 69; 1993 c 269 s 21 

     97B.915 Mink seasons. 

    The commissioner may establish open seasons and 
 restrictions for taking mink.  

    HIST: 1986 c 386 art 2 s 70; 1993 c 269 s 22 

     97B.921 Otter seasons. 

    The commissioner may establish open seasons and 
 restrictions for taking otter.  

    HIST: 1986 c 386 art 2 s 71; 1987 c 131 s 2; 1987 c 384 art 1 
 s 13; 1993 c 269 s 23 

     97B.925 Beaver seasons. 

    The commissioner may establish open seasons and 
 restrictions for taking beaver. 

    HIST: 1986 c 386 art 2 s 72; 1987 c 384 art 1 s 14; 1993 c 269 
 s 24 

     97B.926 Pine marten and fisher zone. 

    Where a combined pine marten and fisher trapping zone 
 exists, the commissioner must provide an option of a combined 
 limit of fisher and marten. 

    HIST: 1997 c 226 s 35 

     97B.928 Identification of traps and snares. 

    Subdivision 1.    Information required.  (a) A person 
 may not set or place a trap or snare, other than on property 
 owned or occupied by the person, unless the following 
 information is affixed to the trap or snare in a manner that 
 ensures that the information remains legible while the trap or 
 snare is on the lands or waters: 

    (1) the number and state of the person's driver's license; 

    (2) the person's Minnesota identification card number; or 

    (3) the person's name and mailing address. 

    (b) The commissioner may not prescribe additional 
 requirements for identification of traps or snares. 

    Subd. 2.    Provisions not to apply.  From April 1 to 
 August 31, the trap identification provisions of subdivision 1 
 do not apply to traps set for the taking of unprotected wild 
 animals. 

    Subd. 3.    Penalty.  A person who violates subdivision 
 1, paragraph (a), is guilty of a petty misdemeanor. 

    HIST: 1993 c 231 s 45 

     97B.931 Tending traps. 

    Subdivision 1.    Restrictions.  A person may not tend a 
 trap set for wild animals between 10:00 p.m. and 5:00 a.m.  
 Between 5:00 a.m. and 10:00 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. 

    Subd. 2.    Body-gripping traps.  A body-gripping, 
 conibear-type trap need not be tended more frequently than once 
 every third calendar day. 

    HIST: 1986 c 386 art 2 s 73; 1987 c 131 s 3; 1994 c 623 art 1 
 s 38; 1Sp1995 c 1 s 31 

     97B.935 Use of vehicles for trapping beaver and otter. 

    Subdivision 1.    General prohibition.  Except as 
 provided in this section, a person may not use a snowmobile or 
 an all-terrain vehicle during the open season for beaver or 
 otter, and for two days after the open seasons end, to transport 
 or check beaver or otter traps or to transport beaver or otter 
 carcasses or pelts.  

    Subd. 2.    Allowed in designated counties.  The 
 commissioner may, by rule, designate counties where snowmobiles 
 and all-terrain vehicles may be used to transport and check 
 beaver and otter traps and to transport beaver or otter 
 carcasses or pelts.  

    Subd. 3.    Special permit for disabled.  The 
 commissioner may issue a special permit, in the manner provided 
 in section 97B.055, subdivision 3, to use a snowmobile or 
 all-terrain vehicle to transport or check beaver or otter traps 
 or to transport beaver or otter carcasses or pelts to a licensed 
 trapper physically unable to walk as specified in section 
 97B.055, subdivision 3.  

    HIST: 1986 c 386 art 2 s 74; 1991 c 241 s 9; 1991 c 259 s 23 

     97B.941 Tampering with traps. 

    A person may not remove or tamper with a trap legally set 
 to take fur-bearing animals or unprotected wild animals without 
 authorization.  Authorized persons include the commissioner and 
 the owner or lessee of the land where the trap is located.  

    HIST: 1986 c 386 art 2 s 75 

     97B.945 Setting of traps near water restricted. 

    A person may not set a trap within 50 feet of 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. 

    HIST: 1986 c 386 art 2 s 76; 1987 c 131 s 4 

     97B.951 Use of snares to take unprotected mammals. 

    A snare set for an unprotected mammal may not be left in 
 place after March 31 except as authorized by the commissioner 
 for the predator control program under section 97B.671. 

    HIST: 1993 c 231 s 46