State v. Barsness

OPINION

LARKIN, Judge.

Appellant challenges his conviction of attempting to sell protected wild animals in violation of the game and fish laws under Minn.Stat. § 97A.325, subd. 1(a), arguing that his use of equipment tagged for infested-waters-only use to harvest minnows in non-infested waters is not a crime. Because the legislature has not made this conduct a crime, we reverse appellant’s conviction without addressing his other claims of error.

FACTS

This criminal case relates to the legislature’s attempt to curtail the spread of invasive species in Minnesota waters. See Minn.Stat. § 84D.02,…