2005 Minnesota Statutes

     97C.355 Dark houses and fish houses. 

    Subdivision 1.    Identification required.  All shelters 
 on the ice of state waters, including dark houses and fish 
 houses, must have:  (1) the owner's name and address, (2) the 
 owner's driver's license number, or (3) the "MDNR#" license 
 identification number issued to the owner legibly displayed on 
 the exterior with characters at least two inches high. 

    Subd. 2.    License required.  A person may not take 
 fish from a dark house or fish house unless the house is 
 licensed and has a license tag attached to the exterior in a 
 readily visible location, except as provided in this 
 subdivision.  The commissioner must issue a tag with a dark 
 house or fish house license, marked with a number to correspond 
 with the license and the year of issue.  A dark house or fish 
 house license is not required of a resident on boundary waters 
 where the adjacent state does not charge a fee for the same 
 activity. 

    Subd. 3.    Door must open from outside.  A person may 
 not use a dark house or fish house unless the door is 
 constructed so that it can be opened from the outside when it is 
 in use. 

    Subd. 4.    Distance between houses.  A person may not 
 erect a dark house or fish house within ten feet of an existing 
 dark house or fish house.  

    Subd. 5.    Burning of structures.  A person may not 
 burn a structure on the ice of state waters without permission 
 of the commissioner.  The commissioner may allow burning only 
 after determining that the structure cannot be removed from the 
 ice by another reasonable manner.  The owner must remove the 
 remains of the burned structure from the ice.  

    Subd. 6.    Restrictions for nonresidents.  A 
 nonresident may obtain a license for a fish house but the house 
 may not be unattended. 

    Subd. 7.    Dates and times houses may remain on ice.  
 (a) Except as provided in paragraph (d), a fish house or dark 
 house may not be on the ice between 12:00 a.m. and one hour 
 before sunrise after the following dates: 

    (1) the last day of February, for state waters south of a 
 line starting at the Minnesota-North Dakota border and formed by 
 rights-of-way of U.S. Route No. 10, then east along U.S. Route 
 No. 10 to Trunk Highway No. 34, then east along Trunk Highway 
 No. 34 to Trunk Highway No. 200, then east along Trunk Highway 
 No. 200 to U.S. Route No. 2, then east along U.S. Route No. 2 to 
 the Minnesota-Wisconsin border; and 

    (2) March 15, for other state waters. 

    A fish house or dark house on the ice in violation of this 
 subdivision is subject to the enforcement provisions of 
 paragraph (b).  The commissioner may, by rule, change the dates 
 in this paragraph for any part of state waters.  Copies of the 
 rule must be conspicuously posted on the shores of the waters as 
 prescribed by the commissioner.  

    (b) A conservation officer must confiscate a fish house or 
 dark house in violation of paragraph (a).  The officer may 
 remove, burn, or destroy the house.  The officer shall seize the 
 contents of the house and hold them for 60 days.  If the seized 
 articles have not been claimed by the owner, they may be 
 retained for the use of the division or sold at the highest 
 price obtainable in a manner prescribed by the commissioner. 

    (c) When the last day of February, under paragraph (a), 
 clause (1), or March 15, under paragraph (a), clause (2), falls 
 on a Saturday, a fish house or dark house may be on the ice 
 between 12:00 a.m. and one hour before sunrise until 12:00 a.m. 
 the following Monday. 

    (d) A person may have a fish house or dark house on the ice 
 between 12:00 a.m. and one hour before sunrise on waters within 
 the area prescribed in paragraph (a), clause (2), but the house 
 may not be unattended during those hours. 

    Subd. 7a.    Houses left overnight.  A fish house or 
 dark house left on the ice overnight must be marked with 
 reflective material on each side of the house.  The reflective 
 material must measure a total area of no less than two square 
 inches on each side of the house.  Violation of this subdivision 
 is not subject to subdivision 8 or section 97A.301. 

    Subd. 8.    Confiscation of unlawful structures.  
 Structures on the ice in violation of this section may be 
 confiscated and disposed of, retained by the division, or sold 
 at the highest price obtainable, in a manner prescribed by the 
 commissioner. 

    HIST: 1986 c 386 art 3 s 33; 1989 c 199 s 1; 1991 c 84 s 1; 
 1991 c 259 s 23; 1993 c 172 s 57; 1995 c 65 s 1; 1Sp1995 c 1 s 
 39,40; 1996 c 403 s 1; 1998 c 252 s 2; 2001 c 185 s 31,32; 2003 
 c 28 art 1 s 15,16; 2004 c 215 s 28