Sources: Minnesota Statutes Annotated, 1985, Chapters 84, 97A, 97B and 97C; 1993 Cumulative Annual Pocket Part.
STATE WILDLIFE POLICY
It is the policy of the state that fish and wildlife are renewable natural resources to be conserved and enhanced through planned scientific management, protection, and utilization (84.941). The ownership of wild animals of the state is in the state, in its sovereign capacity for the benefit of all its people. A person may not acquire a property right in wild animals, or destroy them, unless authorized under the game and fish laws (97A.025).
PROTECTED SPECIES OF WILDLIFE
An enforcement officer shall enforce a violation of Chapters 84.0895, 84.091, 84.093, 84.152, and 103G.615 in the same manner as a violation of the game and fish laws. A person may not take, import, transport, or sell any portion of an endangered species, or sell or possess with intent to sell an article made with any part of an endangered species except as provided. [Further provisions as to taking of endangered plant species given.] The Commissioner shall designate species of wild animal or plant as: endangered, if the species is threatened with extinction throughout all or a significant portion of its range; threatened, if likely to become endangered within the foreseeable future throughout all or a significant portion of its range; or species of special concern, if although the species is not endangered or threatened, it is extremely uncommon, or has unique or highly specific habitat requirements and deserves careful monitoring. Species on the periphery of their range not listed as threatened may be in this category along with species that were once threatened or endangered but now have increasing or protected, stable populations (84.0894 and .0895).
The range of the species in this state is a factor in determining status as endangered, threatened, or of special concern. The Secretary of the Interior's designation of threatened or endangered is a prima facie showing. The Commissioner shall reevaluate the designated species list every three years and make appropriate changes. The review must consider further protection of species on the special concern list. Species may be withdrawn from designation in the same manner. The Commissioner may conduct investigations to determine the status and requirements for survival of a resident species, and may undertake management programs, issue orders, and adopt rules to bring a resident species to a point at which it is no longer threatened or endangered. Management programs for endangered or threatened species include research, census, law enforcement, habitat acquisition, habitat maintenance, propagation, live trapping, transplantation, and regulated taking. A peace officer or conservation officer may execute a warrant to search for and seize goods, merchandise, plant or animal taken, sold or offered for sale in violation of this section, or items used in connection with a violation. Seized property must be held pending judicial proceedings. Upon conviction, it is forfeited and must be offered to a scientific or educational institution or destroyed (84.0895).
The Commissioner may prescribe conditions for an act otherwise prohibited if: it is for zoological, educational, or scientific study; it enhances the propagation or survival of the species; it prevents injury to persons or property; the social and economic benefits outweigh the harm caused. An endangered species may not be destroyed until all alternatives, including live trapping and transplantation, have been evaluated and rejected. The Commissioner may prescribe conditions to propagate a species or subspecies. A person may capture or destroy an endangered species, without permit, to avoid an immediate and demonstrable threat to human life or property. The Commissioner must give approval for forest management, including permit, sale, or lease of land for timber harvesting. This section does not apply retroactively or prohibit importation and subsequent possession, transport, and sale of wild animals, wild plants, or parts legally imported into the US or legally acquired and exported from another territory, state, possession, or political subdivision of the US. A violation of this section is a misdemeanor (84.0895).
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 animal has been lawfully acquired. Ownership of a wild animal reverts to the state if a law relating to sale, transportation, or possession of the wild animal is violated. A person may not take, import, transport, or sell an endangered species, or sell, or possess with intent to sell an article made from its parts, except as provided in section 84.0895 (97A.501).
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. A person that stores protected wild animals for others must plainly mark the package [details provided]. A person may not use a commercial cold storage warehouse for protected wild animals, except lawfully taken fish and furs. Lawfully taken protected wild animals may be transferred by gift and possessed without a license with required written proof. This section does not apply to mounted specimens of wild animals, antlers, tanned hides, and dressed furs lawfully taken (97A.505).
HABITAT PROTECTION
In determining what critical natural habitat shall be acquired or improved, the Commissioner shall consider: significance as existing or potential habitat for fish and wildlife and providing fish and wildlife oriented recreation; significance to maintain or enhance native plant, fish, or wildlife species designated as endangered or threatened; presence of native ecological communities that are now uncommon or diminishing; significance to protect or enhance natural features within or contiguous to natural areas including fish spawning areas, wildlife management areas, scientific and natural areas, riparian habitat and fish and wildlife management projects. The Commissioner must prioritize what critical habitat shall be acquired or improved. The critical natural habitat acquired in fee title shall be designated as an outdoor recreation unit, or as provided in 97A.101 (public water reserves and management), 97A.125 (wildlife habitat on private land), 97C.001 (experimental waters) and 97C.011 (Muskellunge lakes). The Commissioner may designate any critical natural habitat acquired in less than fee title (84.944).
The Commissioner shall establish a Native Prairie Bank (Bank), determine where native prairie land is located, and prescribe requirements for inclusion in the Bank. "Native prairie" means land that has never been plowed, with less than 10% tree cover and with predominantly native prairie vegetation. The Commissioner may acquire native prairie for conservation by entering into easements. The easements must be conservation easements as defined [details of easement duration provided]. In the easement, the owner must agree: to place in the program eligible native prairie areas, including prairie covered by a federal or state easement that allows agricultural use and land adjacent to the prairie as determined by the Commissioner; not to alter the native prairie by plowing, heavy grazing, seeding to nonnative grasses or legumes, spraying with large amounts of herbicides, or otherwise destroying the native prairie character of the easement area, except mowing the native prairie tract for wild hay; to implement the native prairie conservation and development plan as provided, unless a requirement in the agreement is waived or modified; to forfeit rights to further payments and to refund payments received if the easement is violated when the owner has control of the land, or if the Commissioner determines that the violation does not warrant termination, the Commissioner may determine refunds or payment adjustments; not to adopt a practice that would tend to defeat the purposes of the easement; to additional provisions that the Commissioner determines. [Details of payment terms to owner provided.] To maintain and protect native prairies, the Commissioner may enter into easements that allow selected agricultural practices. [Terms of renewal and termination provided] (84.96). The Commissioner must recognize the value of native prairie land by considering the wildlife, scientific, erosion control, educational, and recreational benefits of native prairie and must plan for management, development, and restoration of prairie land under the Commissioner's jurisdiction and integrated network of protected prairie lands, prairie restoration sites, and private prairie lands. The Commissioner must develop and manage permanent prairie landscape reserves to maintain the native plant and animal populations, landscape features, and habitat types characteristic of intact native prairie ecosystems. The position of Prairie Biologist is established to plan, develop, and manage native prairie reserves and prairie land and the biologist shall be located centrally in the prairie region under the supervision of the scientific and natural areas program (84.961).
The Commissioner may post public hunting grounds, food and cover planting areas, game refuges, wildlife lands, and conservation area lands to indicate the management purpose and whether hunting and trapping are allowed (97A.081). The Commissioner shall allow or prohibit hunting and fishing as provided under the game and fish laws, and shall publish information on hunting and fishing on state land, including areas where taking is allowed or prohibited (97A.083). All state parks are designated as game refuges. The Commissioner may designate a contiguous area of at least 640 acres as a game refuge if at least half the area is in public ownership and may designate an area in a landowner's petition as a game refuge. The refuge must be at least 640 acres unless it borders or includes a marsh, body of water, or watercourse suitable for wildlife habitat. The Commissioner may designate as a game refuge an area of at least 640 acres described in a petition by 50 or more residents of the county. The refuge may be designated only if the Commissioner finds that protected wild animals are depleted and in danger of extermination, or that it will best serve the public interest. A public hearing must be held where the majority of the area exists [details of notice provided]. The Commissioner may designate a game refuge for specified species only, and it must be posted. A state game refuge includes all public lands, waters, highways, and railroad rights-of-way within the refuge boundary and may include adjacent public lands and waters. [Details of required posting provided.] A state game refuge may be vacated or modified under the same procedures as for its establishment (97A.085).
Except as provided, a person may not take a wild animal, except fish, within a state game refuge, and may not carry a firearm within a refuge unless unloaded and contained in a case or broken down. The Commissioner may allow hunting of a protected wild animal species within a state game refuge during the next regular open season. Hunting in a refuge may be allowed only if the Commissioner, under prescribed rules, finds: the population exceeds the refuge's carrying capacity; it is causing substantial damage to agricultural or forest crops; the species or other protected wild animals are threatened by the species population; a harvestable surplus exists. The Commissioner may issue special permits to the owner or lessee of privately owned land within a state game refuge for trap or target shooting. Except as otherwise provided, scientific and natural areas are closed to hunting, trapping, and fishing unless: for scientific and natural areas designated before May 15, 1992, or the Commissioner allows, hunting, trapping, or fishing. The Commissioner shall designate any part of a state game refuge that is primarily a migratory waterfowl refuge, as such with a petition signed by 10 resident licensed hunters. The Commissioner shall post it, and it may not be entered during the open season unless accompanied by a conservation officer or game refuge manager. The Commissioner may designate any part of a lake that is a substantial feeding or resting area for migratory waterfowl as such and post it, with a petition signed by at least 10 local resident licensed hunters, if the Commissioner finds the petition is correct, and that adequate public access to the lake exists. A person may not enter the area during the open season with watercraft or aircraft propelled by a motor, other than an electric motor of 30 pounds thrust, or less if further restricted by the Commissioner (97A.091 through .095).
The Commissioner may designate and reserve public waters to propagate and protect wild animals after published notice and a public hearing in the county where the waters are located. The Commissioner may contract with riparian owners for water projects, and acquire land, accept local funding, and construct, maintain, and operate water level control structures. Seasons or methods of taking fish may not be restricted (97A.101). The Commissioner may acquire property by gift, lease, purchase, or condemnation and may construct, maintain, operate, and alter facilities for game farms and hatcheries (97A.131). The Commissioner may enter into agreements with landowners to develop or improve wildlife habitat on private land and provide financial, technical, and professional assistance and material (97A.125).
The Commissioner or the Commissioner of administration shall acquire and improve land for public hunting, game refuges, and food and cover planting, by gift, lease, easement, purchase, or condemnation. At least 2/3 of the total area acquired in a county must be open to public hunting. The Commissioner may designate such land as a wildlife management area for the outdoor recreation system. The Commissioner shall sell or exchange land, as approved by the executive council, for land of equal value to add to existing public hunting areas. On a public hunting, game refuge, or wildlife management area lands, the Commissioner may enter into agreements with nearby farmers on a sharecrop basis, for establishing or maintaining wildlife food or habitat cover. The agreements may provide for bartering for services such as weed control, planting, cultivation, or other wildlife habitat practices. Wildlife management areas are open to hunting and trapping unless closed by the Commissioner (97A.135 and .137).
The Commissioner shall acquire access sites adjacent to public waters and rights-of-way to connect to public highways. The land may be acquired by gift, lease, or purchase, or by condemnation with executive council approval. An access site may not exceed seven acres and only acquired where access is inadequate. Access sites may not be acquired adjacent to unmeandered public waters or surrounded by land owned and maintained for educational or religious institutions. If adjacent to public waters containing less than 200 acres within the meander lines they may not be condemned and may be acquired only if the water contains at least 150 acres within the meander lines; or the public waters are to be managed intensively for fishing. The Commissioner shall maintain the sites, easements, and rights-of-way acquired. [Details for joint agreements for maintenance and condemnation provided.] A person may not hunt on water access sites unless allowed (97A.141).
The Commissioner or the Commissioner of Administration may acquire wetlands and bordering areas, including marshes, ponds, small lakes, and stream bottoms for water conservation relating to wildlife development. The lands may be developed for wildlife, recreation, and public hunting. The wetlands may be acquired by gift, lease, purchase, exchange of state lands, or tax-forfeited land, and land owned by the state. The wetlands must have public access from a public road. Highest priority wetlands shall be type 3 and 4 wetlands, as defined in USFW Circular No. 39 (1971 edition). Lands purchased or leased may not be used for crops unless needed for wildlife. The Commissioner may designate such land as a wildlife management area for the outdoor recreation system. The Commissioner must notify the county town officers where the land is located. The county board must approve the proposed acquisition within 90 days. [Details on county board approval or disapproval provided] (97A.145).
A person may not construct or maintain a dam or other obstruction, except a boat pier, without a permit. The Commissioner may establish permit conditions for construction or modification of a fishway around or over a dam or obstruction. A person may not obstruct fish passage without permission. The person or the owner of the land must immediately remove the obstruction upon order of the Commissioner (97C.071 and .075). If all or a major part of a navigable lake is located within a single county and has been stocked with fish by the US government, the county board may erect and maintain screens at inlets and outlets. If a lake is located in more than one county, the county boards of affected counties may jointly provide for erection and maintenance of screens (97C.077). State agencies may stock fish only where there is public access. The Commissioner shall dispose of game fish eggs and fry to state hatcheries, then to private hatcheries or aquatic farms [details provided]. The Commissioner may issue a special permit to authorized US agents for fish culture operations, rescue work, and related fishery operations (97C.201, .203 and 215).
The Commissioner shall prescribe rules designed to encourage local sporting organizations to propagate game fish in rearing ponds. The rules must prescribe methods to acquire brood stock by seining public waters, by owning and using seines and other equipment and prescribe methods for stocking fish in public waters giving priority to the needs of the community and the organization operating the rearing pond (97C.205).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
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