Subdivision 1. Liability for restitution. A person who kills, injures, or possesses a wild animal in violation of the game and fish laws is liable to the state for the value of the wild animal as provided in this section. Species afforded protection include members of the following groups as defined by statute or rule: game fish, game birds, big game, small game, fur-bearing animals, minnows, and threatened and endangered animal species. Other animal species may be added by rule of the commissioner as determined after public meetings and notification of the chairs of the environment and natural resources committees in the senate and house of representatives.
Subd. 2. Arrest and charging procedure. (a) An enforcement officer who arrests a person for killing, injuring, or possessing a wild animal in violation of the game and fish laws must describe the number, species, and restitution value of wild animals illegally killed, injured, or possessed on the warrant or the notice to appear in court.
(b) As part of the charge against a person arrested for killing, injuring, or possessing a wild animal in violation of the game and fish laws, the prosecuting attorney must include a demand that restitution be made to the state for the value of the wild animal killed, injured, or possessed. The demand for restitution is in addition to the criminal penalties otherwise provided for the violation.
Subd. 3. Sentencing procedure. If a person is convicted of or pleads guilty to killing, injuring, or possessing a wild animal in violation of the game and fish laws, the court must require the person to pay restitution to the state for replacement of the wild animal as part of the sentence or state in writing why restitution was not imposed. The court may consider the economic circumstances of the person and, in lieu of monetary restitution, order the person to perform conservation work representing the amount of restitution that will aid the propagation of wild animals. If the court does not order a person to pay restitution, the court administrator must send a copy of the court order to the commissioner.
Subd. 4. Amount of restitution. The amount of restitution shall be determined by the court by a preponderance of the evidence. In determining the amount of restitution, the court must consider the value of the wild animal under section 97A.345.
Subd. 5. Restitution credited to game and fish fund. The court administrator shall forward restitution collected under this section to the commissioner of management and budget and the commissioner shall credit all money forwarded to the game and fish fund in the state treasury.
1989 c 298 s 2; 1991 c 259 s 23; 2009 c 101 art 2 s 109
Structure Minnesota Statutes
Chapters 97 - 102 — Game And Fish
Section 97A.015 — Definitions.
Section 97A.021 — Construction.
Section 97A.025 — Ownership Of Wild Animals.
Section 97A.028 — Crop Protection Assistance.
Section 97A.031 — Wanton Waste.
Section 97A.035 — Removing Signs Prohibited.
Section 97A.037 — Hunter, Trapper, And Angler Harassment Prohibited.
Section 97A.041 — Exhibition Of Wildlife.
Section 97A.043 — Fish Consumption Advisories.
Section 97A.045 — Commissioner; General Powers And Duties.
Section 97A.0451 — Authority For Using Emergency Rules Procedure; Expiration Of Authority.
Section 97A.0452 — Notice Of Proposed Adoption Of Emergency Rule.
Section 97A.0453 — Notice To Committees For Fees Fixed By Rule.
Section 97A.0454 — Modifying Proposed Emergency Rule.
Section 97A.0455 — Submitting Proposed Emergency Rule To Attorney General.
Section 97A.0456 — Effective Date Of Emergency Rule.
Section 97A.0457 — Publishing Approval.
Section 97A.0458 — Effective Period Of Emergency Rule.
Section 97A.0459 — Approving Form Of Emergency Rule.
Section 97A.051 — Publishing Rules And Laws.
Section 97A.052 — Peace Officer Training Account.
Section 97A.055 — Game And Fish Fund.
Section 97A.056 — Outdoor Heritage Fund; Lessard-sams Outdoor Heritage Council.
Section 97A.057 — Federal Law Compliance; Restriction On License Revenue.
Section 97A.065 — Dedication Of Certain Receipts.
Section 97A.071 — Wildlife Acquisition Account.
Section 97A.075 — Use Of License Revenues.
Section 97A.085 — Game Refuges.
Section 97A.091 — Hunting On Game Refuges.
Section 97A.092 — Controlled Hunting Zones.
Section 97A.093 — Hunting, Trapping, And Fishing In Scientific And Natural Areas.
Section 97A.095 — Waterfowl Protected Areas.
Section 97A.098 — Trespass On Federal Lands.
Section 97A.101 — Public Water Reserves And Management Designation.
Section 97A.105 — Game And Fur Farms.
Section 97A.115 — Shooting Preserves.
Section 97A.121 — Hunting In Private Shooting Preserves.
Section 97A.125 — Wildlife Habitat On Private Land.
Section 97A.126 — Walk-in Access Program.
Section 97A.127 — Financing Waterfowl Development.
Section 97A.133 — State Wildlife Management Areas.
Section 97A.134 — Adopt-a-wma Program.
Section 97A.135 — Acquiring Wildlife Lands.
Section 97A.137 — Hunting, Fishing, And Trespassing In Wildlife Management Areas.
Section 97A.141 — Public-water Access Sites.
Section 97A.145 — Wetlands For Wildlife.
Section 97A.151 — Leech Lake Indian Reservation Agreement.
Section 97A.155 — Amendments To Leech Lake Indian Reservation Agreement.
Section 97A.157 — 1854 Treaty Area Agreement.
Section 97A.161 — Agreement With White Earth Indians.
Section 97A.165 — Source Of Payments For Indian Agreement.
Section 97A.201 — Enforcement.
Section 97A.205 — Enforcement Officer; Powers.
Section 97A.211 — Arrest Procedures.
Section 97A.215 — Inspections.
Section 97A.221 — Seizure And Confiscation Of Property.
Section 97A.223 — Seizure And Administrative Forfeiture Of Certain Firearms And Abandoned Property.
Section 97A.225 — Seizure And Confiscation Of Motor Vehicles And Boats.
Section 97A.231 — Search Warrants.
Section 97A.235 — Jurisdiction Over Boundary Waters.
Section 97A.241 — Reciprocity With Other States In Appointing Officers.
Section 97A.251 — Obstructing Officers.
Section 97A.255 — Prosecutions.
Section 97A.301 — General Penalty Provisions.
Section 97A.305 — Impersonating Enforcement Officer.
Section 97A.321 — Dogs Pursuing, Wounding, Or Killing Big Game.
Section 97A.325 — Penalties For Unlawfully Buying Or Selling Wild Animals.
Section 97A.331 — Penalties Related To Hunting.
Section 97A.335 — Penalties Related To Fishing.
Section 97A.338 — Gross Overlimits Of Wild Animals; Penalty.
Section 97A.341 — Restitution For Wild Animals Illegally Taken.
Section 97A.345 — Restitution Value Of Wild Animals.
Section 97A.401 — Special Permits.
Section 97A.405 — License Requirements.
Section 97A.408 — Anatomical Gift Option; Education.
Section 97A.411 — Validity Of Licenses.
Section 97A.415 — License Restrictions.
Section 97A.418 — Permit Rules.
Section 97A.420 — Seizure Of Licenses.
Section 97A.421 — Validity And Issuance Of Licenses After Conviction.
Section 97A.425 — Record And Reporting Requirements For Dealers, Tanners, And Taxidermists.
Section 97A.431 — Moose Licenses.
Section 97A.433 — Elk Licenses.
Section 97A.434 — Prairie-chicken Licenses.
Section 97A.435 — Turkey Licenses; Application And Eligibility.
Section 97A.438 — Releasing Wild Turkeys; Permit Required.
Section 97A.441 — Licenses Issued Without Fee.
Section 97A.445 — Exemptions From License Requirement.
Section 97A.451 — License Requirements And Exemptions Relating To Age.
Section 97A.455 — Nonresident Students; Fishing, Small Game, And Big Game.
Section 97A.461 — Nonresident Licenses For Boundary Water Hunting Or Fishing.
Section 97A.465 — Military Personnel; Fishing And Hunting.
Section 97A.471 — Nonresident Courtesy Licenses.
Section 97A.472 — Place Of Sale Of Nonresident Licenses; Restriction.
Section 97A.473 — Resident Lifetime Licenses.
Section 97A.474 — Nonresident Lifetime Licenses.
Section 97A.4742 — Lifetime Fish And Wildlife Trust Fund.
Section 97A.475 — License Fees.
Section 97A.481 — License Applications; Penalty.
Section 97A.482 — License Applications; Collecting Social Security Numbers.
Section 97A.485 — Issuance Of Licenses.
Section 97A.501 — Wild Animals; General Restrictions.
Section 97A.502 — Deer Killed By Motor Vehicles.
Section 97A.505 — Possessing Wild Animals.
Section 97A.510 — Game For Consumption At Fundraising Events.
Section 97A.511 — Fur-bearing Animals.
Section 97A.515 — Pelts, Skins, And Hides Taken On Indian Reservations.
Section 97A.521 — Transporting Wild Animals; Generally.
Section 97A.525 — Transporting Wild Animals By Common Carrier.
Section 97A.531 — Shipping Wild Animals Taken In Canada.
Section 97A.535 — Possessing And Transporting Deer, Bear, Elk, And Moose.
Section 97A.545 — Transporting Game Birds.