Small Town News

Shedding light on changes in deer shining law

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Laws related to the shining of deer have been changed to help stop abuses, according to the Minnesota Department of Natural Resources (DNR).

Deer shining is "freezing" deer in bright lights to temporarily immobilize them. Recreational shining is legal at times for viewing wildlife. However, previous statutes made it too easy for people to poach wildlife while posing as recreational shiners.

The DNR met with stakeholder group leaders to determine how to curb abuses. "Their collective opinion is that deer shining is a statewide problem," said Capt. Rod Smith, a DNR regional enforcement manager. "It's also one of the most common complaints to law enforcement officers."

Those concerns led to several legislative changes in the shining law that went into effect Aug. 1.

Shining with firearms, bows

The old law allowed an unloaded and cased firearm or cased bow to be carried in the rear portion of a vehicle while shining.

The new law prohibits shining with an artificial light while in possession of a firearm, bow or any other implement that could be used to take wild animals.

Marty Stubstad, a board member of the Bluffland Whitetail Association in Lewiston, supports the change. "The old law became an enabler for poachers because the firearm or bow was easily retrieved when shining and then used to take a deer illegally."

The new law gives law enforcement officers probable cause to search a shiner's vehicle for a firearm, bow or other implement that could be used to take wild animals.

Shining without firearms

The old law allowed shining without firearms, onto private agricultural or residential property, or onto posted property until 10 p.m. from Sept. 1 through Dec. 31, with no time restriction the remainder of the year.

The new law removes the Sept. 1 through Dec. 31 provision and now allows recreational shining up to two hours past sunset throughout the year.

The old law gave people up to five hours to recreationally shine. That extended period generated complaints among farmers and rural residents. Law enforcement officers found that the extended period also enabled poachers, giving them more time and cover as recreational shiners to scope out potential areas to poach.

"The new law allows for some traditional wildlife viewing, but more clearly protects wild animals and landowners from harassment or disturbance," said Gary Botzek, executivedirector and legislative lobbyist for the Minnesota. Conservation Federation.

Law changes extend protection beyond livestock and poultry to all types of fenced livestock and domestic pets. The changes also extend protection to fenced agricultural property as well as all livestock and domestic pets.

Another change prohibits shining onto residential property or building sites, a common complaint to law enforcement.

"People find having a spotlight shined onto their house and yard to be very intrusive," Botzek said.

The new law also allows a landowner to post agricultural, residential and non-agricultural property to "no shining." This change also includes a higher penalty option for violators.

Shining exceptions

Some shining law exceptions are still in place for agricultural lands, safety or emergency purposes, normal vehicle operation, and some occupational and outdoor recreation activities.

An exception allows the retrieval of dead or wounded big game animals past sunset using an artificial light while on foot, as long as the person does not possess a firearm or bow and arrow. This will protect hunters from incidentally violating the shining law.

Warnings to be issued

For one year starting Aug. 1, to help educate people about the new laws, conservation officers are issuing written warnings to individuals stopped for misdemeanor shining. Those warnings are to individuals who are shining but not in possession of a firearm, bow or other implement to take deer.

Smith said the changes in the shining law will benefit everyone. "The shining law changes are aimed at providing better protection for wild animals, protecting landowner rights, decreasing wildlife and livestock disturbance, and allowing reasonable opportunity for recreational shining."



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© 2009 Winthrop News Winthrop, Minnesota. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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