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Minnesota

Minnesota Statutes Annotated. Game and Fish (Ch. 97-102). Chapter 97A. Game and Fish. Possession and Transportation of Wild Animals.

Statute Details
Printable Version
Citation: MN ST 97A.501 - 552

Citation: M. S. A. 97A.501 - 552


Last Checked by Web Center Staff: 01/2013

Summary:   These Minnesota statutes restrict possession and transportation of wild animals. No one may transport wild animals taken, bought, or sold in violation of the game and fish laws. A person may not possess deer, bear, elk, or moose unless a tag is attached to the carcass. However, no one may buy or sell bear paws (unless attached to the hide) or bear gallbladders. In general, a person may not take, import, transport, or sell an endangered species of wild animal, but there are exceptions.


Statute in Full:

POSSESSION AND TRANSPORTATION OF WILD ANIMALS 

97A.501. Wild animals; general restrictions

97A.502. Deer killed by motor vehicles

97A.505. Possession of wild animals

97A.510. Game for consumption at fund-raising events

97A.511. Fur-bearing animals

97A.512. Sale of inedible portions of big game animals, fur-bearing animals, fish, and game birds other than migratory waterfowl

97A.515. Pelts, skins, and hides taken on Indian reservations

97A.521. Transportation of wild animals; generally

97A.525. Transportation of wild animals by common carrier

97A.531. Shipment of wild animals taken in Canada

97A.535. Possession and transportation of deer, bear, elk, and moose

97A.541. Repealed by Laws 1993, c. 269, § 32

97A.545. Transportation of game birds

97A.551. Possession and transportation of fish

97A.552. Fishing regulations; executive order

 


97A.501. Wild animals; general restrictions

Subdivision 1. General restrictions. A person may not take, buy, sell, transport, or possess a protected wild animal unless allowed by the game and fish laws. The ownership of all wild animals is in the state, unless the wild animal has been lawfully acquired under the game and fish laws. The ownership of a wild animal that is lawfully acquired reverts to the state if a law relating to sale, transportation, or possession of the wild animal is violated.

Subd. 2. Endangered species. A person may not take, import, transport, or sell an endangered species of wild animal, or sell, or possess with intent to sell an article made from the parts of a wild animal, except as provided in section 84.0895.

Subd. 3. Contraceptive chemicals. (a) A person may not administer contraceptive chemicals to noncaptive wild animals without a permit issued by the commissioner.

(b) The commissioner shall adopt rules establishing standards and guidelines for the administration of contraceptive chemicals to noncaptive wild animals. The rules may specify chemical delivery methods and devices and monitoring requirements.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 71. Amended by Laws 1987, c. 384, art. 1, § 10; Laws 1994, c. 623, art. 1, § 26, eff. May 11, 1994.


97A.502. Deer killed by motor vehicles

(a) Deer killed by a motor vehicle on a public road must be removed by the road authority, as defined by section 160.02, subdivision 25, unless the driver of the motor vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural resources must provide to all road authorities standard forms for statistical purposes and the tracking of wild animals.

(b) The driver of a motor vehicle that has collided with and killed a deer on a public road has priority for a possession permit for the entire deer if the facts indicate that the deer was not taken illegally.

CREDIT(S)

Laws 1987, c. 404, § 133. Amended by Laws 1988, c. 437, § 4, eff. April 2, 1988; Laws 2011, 1st Sp., c. 2, art. 5, § 34, eff. July 1, 2011.

 

97A.505. Possession of wild animals

Subdivision 1. Repealed by Laws 1987, c. 149, art. 1, § 54.

Subd. 2. Possession of unlawful animals brought into state prohibited. (a) A person may not possess a wild animal that has been unlawfully taken, bought, sold, or possessed outside the state, or unlawfully shipped into the state.

(b) When entering the state from Canada, a person who possesses fish that were unlawfully taken or possessed under paragraph (a) may be charged in the same manner as for possessing fish that were unlawfully taken or possessed in the state.

Subd. 3. Repealed by Laws 1987, c. 149, art. 1, § 54.

Subd. 3a. Transportation of animals into state. Wild animals lawfully taken, bought, sold, or possessed outside the state may be brought or shipped into the state unless otherwise provided by law.

Subd. 3b. Wild animals taken on Red Lake Reservation lands within Northwest Angle. Wild animals taken and tagged in accordance with the Red Lake Band's Conservation Code on the Red Lake Reservation lands in Minnesota north of the 49th parallel shall be considered lawfully taken and possessed under state law.

Subd. 4. Storage of protected wild animals. A person that stores protected wild animals for others must plainly mark the package, in ink, with the name and address of the owner, the license number of the person taking the animal, and the number and species in the package.

Subd. 5. License not required for animals acquired by gift. Lawfully taken protected wild animals may be transferred by gift. A person is not required to have a license to possess and transport protected wild animals acquired by gift.

Subd. 6. Repealed by Laws 1987, c. 149, art. 1, § 54.

Subd. 7. Exceptions. This section does not apply to mounted specimens of wild animals, antlers, tanned hides, and dressed furs lawfully taken.

Subd. 8. Importation of hunter-harvested cervidae. Importation into Minnesota of hunter-harvested cervidae carcasses from known chronic wasting disease endemic areas, as determined by the Board of Animal Health, is prohibited except for cut and wrapped meat, quarters or other portions of meat with no part of the spinal column or head attached, antlers, hides, teeth, finished taxidermy mounts, and antlers attached to skull caps that are cleaned of all brain tissue. Hunter-harvested cervidae carcasses taken from chronic wasting disease endemic areas outside of Minnesota may be transported on a direct route through the state by nonresidents.

Subd. 9. Possession of live cervidae. A person may not possess live cervidae, except as authorized in sections 17.452, 35.153, and 35.155 or 97A.401.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 72. Amended by Laws 1987, c. 149, art. 1, §§ 34, 35; Laws 1993, c. 231, §§ 30, 31, eff. May 18, 1993; Laws 2000, c. 406, § 1; Laws 2003, c. 128, art. 1, § 75; Laws 2003, c. 128, art. 1, § 76, eff. Jan. 1, 2004; Laws 2004, c. 215, § 16; Laws 2005, 1st Sp., c. 1, art. 1, § 97; Laws 2007, c. 131, art. 1, § 31, eff. July 1, 2007; Laws 2011, 1st Sp., c. 2, art. 5, § 35, eff. July 1, 2011.

 

97A.510. Game for consumption at fund-raising events

(a) Nonprofit organizations may charge a fee for admission to fund-raising events when lawfully taken and possessed game, excluding migratory game birds, as defined in Code of Federal Regulations, title 50, section 20.11, that cannot be sold under federal law, is donated to the organization and is served for consumption on the premises where the fund-raising event is held.

(b) Game donated to the nonprofit organization must be marked as provided in section 97A.505, subdivision 4. The game donated to a nonprofit organization and stored by the organization is considered to be in the possession of the person making the donation, and is subject to inspection as provided in section 97A.215, subdivision 1. As provided in section 97A.505, subdivision 5, a license is not required for the nonprofit organization to possess or transport the donated game.

(c) The nonprofit organization must keep records of the game donated to the organization, and the records must be available for inspection for two years from the date of the fund-raising event. The records must show:

(1) the names and addresses of persons donating the game;

(2) the license number or possession permit number under which the game was lawfully taken or possessed; and

(3) the date, location, and purpose of the fund-raising event that utilized the donation.

CREDIT(S)

Laws 2002, c. 351, § 13.

 


97A.511. Fur-bearing animals

The skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits and hares, legally taken and bearing the required seals or tags required by the game and fish laws, may be bought, sold, and transported at any time.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 73. Amended by Laws 2007, c. 131, art. 1, § 32, eff. July 1, 2007.

 
97A.512. Sale of inedible portions of big game animals, fur-bearing animals, fish, and game birds other than migratory waterfowl

(a) Except as otherwise provided by the game and fish laws and as restricted in this section, a person may possess, transport, buy, or sell the following inedible portions of lawfully taken or acquired big game animals, fur-bearing animals, fish, and game birds other than migratory waterfowl: bones, including skulls; sinews; hides and skins; hooves; teeth; claws; and antlers.

(b) A person may not buy or sell bear paws, unless attached to the hide, or bear gallbladders.

CREDIT(S)

Laws 1992, c. 589, § 3. Amended by Laws 2001, c. 185, § 29.

 


97A.515. Pelts, skins, and hides taken on Indian reservations

The pelts, skins, and hides of protected wild animals taken on an Indian reservation in this state, except the Fond du Lac Reservation, may be transported, sold, and disposed of as prescribed by the commissioner.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 74.

 

97A.521. Transportation of wild animals; generally

Subdivision 1. General authority; residents. A resident may transport wild animals to any place in the state if the resident and the animals are in the same vehicle.

Subd. 2. General authority; nonresidents. A nonresident may transport wild animals taken in the state if the nonresident and the animals are in the same vehicle.

Subd. 3. Wild animals in containers. A person that transports wild animals in a container must mark or identify the container as prescribed under the game and fish laws or by commissioner's rule.

Subd. 4. Animals that may be lawfully sold. During the open season a person may transport a protected wild animal within the state, and to a destination outside the state, if the animal may be lawfully sold and the transportation is not otherwise prohibited.

Subd. 5. Unlawful wild animals prohibited. A person may not transport wild animals taken, bought, sold, or possessed in violation of the game and fish laws.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 75. Amended by Laws 1991, c. 259, § 23, eff. July 1, 1992.

 

97A.525. Transportation of wild animals by common carrier

Subdivision 1. Generally. A person may transport wild animals by common carrier without being in the vehicle if the person has the license required to take the animals and they are shipped to the person or to a licensed taxidermist, tanner, or fur buyer.

Subd. 2. Repealed by Laws 2009, c. 176, art. 2, § 71, eff. July 1, 2009.

Subd. 3. Employee of carrier. An employee of a carrier may not transport wild animals as baggage while performing duties for the carrier.

Subd. 4. Statement required for protected wild animals. A person that transports protected wild animals by common carrier, including animals carried in baggage, must attach a statement to each shipment. The statement must include the name, address, and license number of the person shipping the animals, the number and species of the animals in the shipment, and the signature of the licensee.

Subd. 5. Carrier must be shown shipper's license. A common carrier may not accept a shipment of big or small game unless the carrier is shown the license of the shipper to take the game.

Subd. 6. Waybill must specify animals. The waybill or receipt issued by a common carrier to a shipper must specify the number and species of wild animals being shipped.

Subd. 7. Animals in possession of shipper. Wild animals that are transported by common carrier are considered to be in the possession of the shipper.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 76. Amended by Laws 1987, c. 373, § 10, eff. June 3, 1987; Laws 2009, c. 176, art. 2, § 37, eff. July 1, 2009.

 

97A.531. Shipment of wild animals taken in Canada

Subdivision 1. Shipping coupons. A person may ship, within or out of the state, wild animals lawfully taken and possessed in Canada and that have lawfully entered the state. The shipment must have the shipping coupons required for a shipment originating in the province where the animals were taken.

Subds. 2 to 6. Repealed by Laws 1995, c. 220, § 141, par. (d), eff. May 25, 1995; Laws 1995, c. 224, § 126, par. (c), eff. May 26, 1995; Laws 1995, 1st Sp., c. 1, § 48, eff. June 2, 1995.

Subd. 7. Repealed by Laws 1995, c. 224, § 127, eff. Dec. 31, 1995; Laws 1995, 1st Sp., c. 1, § 49, eff. Dec. 31, 1995.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 77. Amended by Laws 1993, c. 269, § 8, eff. March 1, 1994; Laws 1994, c. 479, § 1, eff. April 22, 1994; Laws 1994, c. 623, art. 1, § 27, eff. May 11, 1994; Laws 1995, c. 224, § 51, eff. May 26, 1995; Laws 1995, 1st Sp., c. 1, § 25, eff. June 2, 1995.

 

97A.535. Possession and transportation of deer, bear, elk, and moose

Subdivision 1. Tags required. (a) A person may not possess or transport deer, bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner prescribed by the commissioner. The commissioner must prescribe the type of tag that has the license number of the owner, the year of its issue, and other information prescribed by the commissioner.

(b) The tag must be validated at the site of the kill as prescribed by the commissioner.

(c) Except as otherwise provided in this section, the tag must be attached to the deer, bear, elk, or moose at the site of the kill before the animal is removed from the site of the kill.

(d) The tag must remain attached to the animal until the animal is processed for storage.

(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the kill without attaching the validated tag to the animal only while in the act of manually or mechanically dragging, carrying, or carting the animal across the ground and while possessing the validated tag on their person. A motor vehicle may be used to drag the animal across the ground. At all other times, the validated tag must be attached to the deer, bear, elk, or moose:

(1) as otherwise provided in this section; and

(2) prior to the animal being placed onto and transported on a motor vehicle, being hung from a tree or other structure or device, or being brought into a camp or yard or other place of habitation.

Subd. 2. Registration required. Deer, bear, elk, and moose must be registered as prescribed by the commissioner, in addition to the tag required in subdivision 1.

Subd. 2a. Quartering of deer allowed. A deer that has been tagged as required in subdivision 1 may be quartered at the site of the kill. The animal's head must remain attached to one of the quarters. The quarters must be presented together for registration under subdivision 2 and must remain together until the deer is processed for storage.

Subd. 3. Transportation period restricted. A person may transport deer, bear, one elk, or moose during the open season and the two days following the season, and afterwards as prescribed by the commissioner.

Subd. 4. Transportation by person other than licensee. A person other than the licensee may transport deer, bear, elk, or moose that the licensee has registered as prescribed by the commissioner. A tag must be attached to the animal and marked in ink with the address, license number, signature of the licensee, and the locations from which and to which the animal is being transported.

Subd. 5. Heads, hides, and claws. A resident that has a license to take deer, bear, elk, or moose may transport the head or hide of the animal within or out of the state for mounting or tanning. The hides of deer, bear, elk, and moose, and the claws of bear legally taken and with the tags that are required by this section, may be bought, sold, and transported at any time.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 78. Amended by Laws 1987, c. 149, art. 1, §§ 36, 37; Laws 1987, c. 373, § 11, eff. June 3, 1987; Laws 1991, c. 241, § 6, eff. Aug. 1, 1992; Laws 1993, c. 231, § 32, eff. May 18, 1993; Laws 1996, c. 410, § 37; Laws 2006, c. 281, art. 2, § 33; Laws 2008, c. 368, art. 2, § 37, eff. July 1, 2008.

 

97A.541. Repealed by Laws 1993, c. 269, § 32


 

97A.545. Transportation of game birds

Subdivision 1. Residents shipping by common carrier. A resident that ships game birds to the resident by common carrier without being in the vehicle may not make more than three shipments during a license year. A shipment may not contain more than the resident's daily limit.

Subd. 2. Nonresidents shipping by common carrier. A nonresident that ships game birds to the nonresident by common carrier without being in the vehicle must obtain a shipping permit from the commissioner. The commissioner shall issue the permit upon request, without a fee. The carrier receiving the shipment must cancel the permit as prescribed by the commissioner.

Subd. 3. Shipping to other persons. A person must obtain a permit from the commissioner to ship game birds to another person within or out of the state. The person must have the licenses required to take the game birds.

Subd. 4. Game birds taken outside of this state. (a) A person may transport into the state game birds that are lawfully taken and possessed outside of this state.

(b) A resident may ship the game birds by common carrier within the state. A nonresident may ship the game birds out of the state by common carrier. Each shipment must be tagged or sealed by a conservation officer as prescribed by the commissioner.

Subd. 5. Birds must be in undressed condition; exceptions. (a) Except as provided in paragraph (b), a person may ship or otherwise transport game birds in an undressed condition only.

(b) Paragraph (a) does not apply if the birds being shipped or otherwise transported:

(1) were taken on a shooting preserve and are marked or identified in accordance with section 97A.121, subdivision 5;

(2) were taken, dressed, and lawfully shipped or otherwise transported in another state;

(3) are migratory game birds that were lawfully tagged and packed by a federally permitted migratory bird preservation facility; or

(4) are doves shipped or transported in accordance with federal law.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 80. Amended by Laws 1987, c. 149, art. 1, § 38; Laws 1987, c. 384, art. 1, § 11; Laws 1993, c. 231, §§ 33 to 36, eff. May 18, 1993; Laws 2004, c. 215, § 17; Laws 2011, 1st Sp., c. 2, art. 5, § 36, eff. July 1, 2011.

 

97A.551. Possession and transportation of fish

Subdivision 1. Repealed by Laws 1987, c. 149, art. 1, § 54.

Subd. 2. Fish transported through state. A person may not transport game fish taken in another state or country through the state during the closed season or in excess of the possession limit unless the fish are:

(1) transported by common carrier; or

(2) tagged, sealed, or marked as prescribed by the commissioner.

Subd. 3. Shipping fish. A person that has a license to take fish may make three shipments of fish in a license year to any person within or out of the state after obtaining a permit for each shipment from the commissioner. A shipment may not contain more than a possession limit of one species of fish per licensee.

Subd. 4. Walleye; northern pike. Walleye and northern pike may be possessed, transported, or shipped in a dressed or undressed condition.

Subd. 5. Preparation and packing of fish for transportation. The commissioner may adopt rules for the preparation and packing of fish for transportation.

Subd. 6. Tagging and registration. The commissioner may, by rule, require persons taking, possessing, and transporting certain species of fish to tag the fish with a special fish management tag and may require registration of tagged fish. A person may not possess or transport a fish species taken in the state for which a special fish management tag is required unless a tag is attached to the fish in a manner prescribed by the commissioner. The commissioner shall prescribe the manner of issuance and the type of tag as authorized under section 97C.087. The tag must be attached to the fish as prescribed by the commissioner immediately upon reducing the fish to possession and must remain attached to the fish until the fish is processed or consumed. Species for which a special fish management tag is required must be transported undressed, except as otherwise prescribed by the commissioner.

CREDIT(S)

Laws 1986, c. 386, art. 1, § 81. Amended by Laws 1987, c. 149, art. 1, § 39; Laws 1993, c. 185, § 1; Laws 1993, c. 231, § 37, eff. May 18, 1993; Laws 2005, 1st Sp., c. 1, art. 2, § 104; Laws 2006, c. 281, art. 2, § 34.

 

97A.552. Fishing regulations; executive order-Repealed by Laws 2012, c. 277, art. 1, § 91, par. (a), eff. July 1, 2012

Former Text

Subdivision 1. Order authorized. (a) The governor may by executive order:

(1) require that fish that are lawfully taken by angling and possessed in Canada be brought into the state in-the-round;

(2) authorize fish lawfully taken by angling in Canada to be transported within the state or out of the state by a nonresident;

(3) require that a Minnesota resident transporting in Minnesota fish that have been taken by angling in Canada possess a Minnesota angling license; and

(4) require that any advertisement of fishing resorts or facilities in Canada in printed or broadcast form originating or distributed within the state must contain a summary of the requirement of clause (1) and penalty for noncompliance.

(b) An executive order issued under paragraph (a) is effective the day following the filing of a certified copy thereof in the Office of the Secretary of State, and remains in effect until rescinded by order of the governor.

Subd. 2. Penalty for noncompliance. A violation of an executive order imposing the requirement in subdivision 1, paragraph (a), clause (1), is a misdemeanor, and in addition to any criminal penalty imposed, fish brought into or transported within the state contrary to that executive order must be confiscated, and a penalty of $10 for each fish must be imposed.

CREDIT(S)

Laws 1995, c. 224, § 52; Laws 1995, 1st Sp., c. 1, § 26.

 

 



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