News Releases - May 10, 1996

While it won't take effect for another three months, a new trespass law passed during the last legislative session is already raising questions about the recreational use of private lands.

We've been getting questions wondering if this closes all private land, or just agricultural land or just exactly what it means, said Wayne Edgerton, DNR agricultural policy director.

According to Edgerton, one key change is that the law now applies to all recreational users, not just hunters. In addition, the law eases some posting requirements for land owners, and makes law enforcement easier.

Starting Aug.1, county enforcement officers, as well as DNR Conservation Officers, will be able to charge violators with either a civil or criminal offense for trespassing, according to Mike Grupa, DNR Enforcement official. Civil penalties can be high as $500, with loss of license for a third offense within three years, Grupa said.

According to Grupa, the DNR intends to work closely with county officials to ensure that quick and appropriate response is taken on trespassing complaints. And while that statutory language may be confusing, Edgerton said the underlying message is not.

Ask first, said Edgerton. It's as simple as that. If we respect the rights of private landowners enough to ask them before we go on private land for any reason, we build a feeling of mutual respect. This will help ensure that there are plenty of recreational opportunities available for all of us.

The DNR has put together a fact sheet that explains the trespass law changes. To get a copy of the fact sheet call the DNR Information Center at 612-296-6157 in the Twin Cities metro area, or toll free in Minnesota 1-800-766-6000.

Question: The statewide largemouth and smallmouth bass seasons does not open until June 1st. Can I practice for these species in the meantime?

Answer: No. It is illegal to take or attempt to take a species during the closed season. The definition of taking includes such things as pursuing, capturing, and angling.

Question: What's the law regarding alcohol consumption in boats?

Answer: The boating while intoxicated law does not prohibit the drinking of alcohol beverages in boats, nor does it make it illegal to have an open bottle in the boat. The only person affected by the law is the boat operator, and even the operator can drink - but not to the point of intoxication.
A conservation officer or other peace officer who suspects from the actions of a motorboat operator that drugs or alcohol have impaired the operator's ability to safely control the craft may require the operator to take tests to determine sobriety. If the test is taken and the operator is found to be over the legal limit of .10 alcohol concentration, he or she is subject to loss of operating priviledges for 90 days, a fine up to $700, and other penalties the court may impose, including a jail sentence.

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