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lichen fox

New shining laws

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I was glad to see the new shining laws that were passed in the game & fish bill...It basicly denies ANY shining...(with or without guns-bows-etc)...from two hours after sunset until sunrise. So if anyone is going to shine they have just the two hours after sunset to do it...which really amounts to one and a half hours after legal shooting hours for big game.

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It's in HF1237 and was signed by the Gov on 5/22...if you want to read the whole thing go to the Mn Legislature HSOforum click on House and search for HF1237...go to sec 43 you will find the complete text there...

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Here's the wording as it passed.....So you can't shine "period" if you have something that could be used to "take" a wild animal....So you better leave your fishing nets at home too!!

Sec. 43. Minnesota Statutes 2008, section 97B.081, is amended to read:

97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.

Subdivision 1. With implements to take wild animals. 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 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 take big game, small game or unprotected wild animals.

Subd. 2. Without implements to take wild animals. Except as provided in subdivision 3, from two hours after sunset until sunrise, 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, or locate a wild animal

Except as provided in subdivision 3, a person may not cast the rays of a spotlight, headlight, or other artificial light on fenced, agricultural land

© Except as provided in subdivision 3, a person may not cast an artificial light onto residential property or building sites from a motor vehicle

(d) Except as provided in subdivision 3, a person may not at any time cast the rays of a spotlight, headlight, or other artificial light onto property posted with signs prohibiting the shining of lights onto the property. When signs are posted, the signs shall display letters that are at least two inches in height and state "no shining" or similar terms and shall be placed at intervals of 500 feet or less along the boundary of the property.

Subd. 3. Exceptions. (a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial ight, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game

animals, provided that the person is:

(a) on foot; and not in possession of a firearm or bow.

(B) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,

headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation,

or occupational-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to

spotting, locating, or taking a wild animal.

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now that trail cameras are around, is there any need to shine anymore?

Good point, I didn't even realize it but I stopped shining when I got trail cams. This law makes sense I guess, not much reason to be out shining in the middle of the night unless of course you are a poacher.

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Good luck enforcing it.

I am not a shiner, for the record, but there are laws that can be enforced, and those that can't. Put this in can't.

Hmmm, drinking and driving... Some guy with a flashling counting deer on property he has permision to hunt....

Who's the person the officer is going to spend his time looking for?

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I think this new shinning rule is another "shinning" example of a rule that limits an otherwise harmless activity for law abidding people and does little to stop the slobs who will continue to break rules.

I have enjoyed showing my kids moose, bears, and deer under the cover of darkness for years. I also enjoyed scanning fields on the way home from the 3-11pm shift, never to find a buck to hunt, but to just view an animal that is otherwise nocturnal.I was carefull never to shine into peoples homes and never carried a firearm while doing it. I have stopped the car to watch a wolf cross and turned the car to aim the lights to prolong a short glimpse. These harmless activities are now illegal.

A few have spoiled it for the many once again.I intend to follow the rule, but count me as a strong proponent who vows to fight against it.

I say let the people see the animals we share the world with and punish those who poach in such a way as they dare not break the rules.Hans

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Technically, at least during season I believe that was already illegal after the 3-11 shift, as you had to stop by 10pm. I agree that if you're not attempting to take game it is totally harmless & probably 99% of the people shining had no bad intent. Don't know this for a fact, but my guess is it's just a way to prosecute those who they know were intending to poach, that they didn't catch them shooting or with the weapon. I've certainly not known anyone or heard of anyone who ever got in trouble for just shining.

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I am personally disappointed. I really enjoy shining wildlife, and it's never with bad intent.

We've made it an annual tradition to go out and look at the deer the night before the opener, and again a night or two later. It definitely helps when you have a youngster who hasn't seen anything the last couple days, and he needs a little boost in his morale.

Last year I took my brother and his son hunting for the first time. It was neat to show them how a buck in the chase mode responds to a doe in heat. It also gave them a chance to determine in their mind, what would be a "shooter" and which ones to leave go.

I think it's exciting and harmless. Nevertheless, I can understand their motivation.

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It didn't ban shining completely...without guns-bows or other implement that could be used to take game...you can still shine for two hours after "sunset"...if you like to shine before or during deer season it just limit's your time to 2 hours instead of about 5 hours as the old law used to be 10pm.

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I will find it almost impossible to fight the urge to turn a light on a big buck, bear, moose, or bigfoot that crosses the road ahead of me -after legal shining hours. It is only natural to want to look. Passing a law that makes this illegal is akin to using a sledge hammer to push in a a tack.

I kow I am not alone in this and feel many will break the law in remote wilderness areas. I am in no way advocating this, but this rule needs some tweeking.

Anybody know if night vision scopes where considered in this bill. Is it the light bothering landownwers, or haressment of the wildlife the conscern? If it's the light night vision should be fine. How many deer are being poached at night? Is this a giant problem? If so why are we not convicting more of these hunters and taking their rights.

My fear is that a vocal group of landowners were trying to protect "their" prize trophys so the deer's patterns weren't changed before the season and the landowners had a chance to harvest them.

I often side with expanding opportunities for the general public in land disputes and see this as just another case of a limiting access to a public resourse. Hans

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Here’s some more info that was in the bill…it appears as if “night vision equipment” is being treated the same as the “old shining law…you have to have the bows-guns cased, unloaded and in the trunk or rearmost part of the vehicle….

Sec. 17. Minnesota Statutes 2008, section 97A.331, subdivision 2, is amended to read:

Subd. 2. Shining. A person that violates section 97B.081, subdivision 1, relating to

the use of an artificial light to locate wild animals is guilty of a gross misdemeanor.

Sec. 44. Minnesota Statutes 2008, section 97B.086, is amended to read:

97B.086 POSSESSION OF NIGHT VISION EQUIPMENT.

(a) A person may not possess night vision equipment while taking wild

animals or 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 take wild animals.

(B) This section 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.

© This section 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 © does not have a trunk, the firearm

or bow must be placed in the rearmost location of the vehicle.

(e) This section does not apply to night vision equipment possessed by peace

4officers or military personnel while exercising their duties.

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