HF 227

as introduced - 89th Legislature (2015 - 2016) Posted on 01/20/2015 11:06am

A bill for an act
relating to game and fish; allowing use of spear guns to take fish; amending
Minnesota Statutes 2014, sections 86B.601, subdivision 4; 97A.475, subdivisions
6, 7; 97C.301, subdivision 3; 97C.371, subdivisions 1, 2; proposing coding for
new law in Minnesota Statutes, chapter 97C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 86B.601, subdivision 4, is amended to read:

Subd. 4.

Night diving with spear prohibited.

A person may not scuba or skin dive
while in possession of a spear from sunset to sunrise. new text begin For purposes of this section, a spear
includes a spear gun as defined under section 97C.329, subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2014, section 97A.475, subdivision 6, is amended to read:

Subd. 6.

Resident fishing.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over to take fish by angling, $22;

(2) for persons age 18 or over to take fish by angling, for a combined license for a
married couple, $35;

(3) for persons age 18 or over to take fish by spearing from a dark house new text begin or with a
spear gun new text end , $5, and the person must possess an angling license;

(4) for persons age 18 or over to take fish by angling for a 24-hour period selected
by the licensee, $10;

(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour
period selected by the licensee, $12;

(6) for persons age 18 or over to take fish by angling for three consecutive years,
$63; and

(7) for persons age 16 or over and under age 18 to take fish by angling, $5.

Sec. 3.

Minnesota Statutes 2014, section 97A.475, subdivision 7, is amended to read:

Subd. 7.

Nonresident fishing.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) for persons age 18 or over to take fish by angling, $40;

(2) for persons age 18 or over to take fish by angling limited to seven consecutive
days selected by the licensee, $33;

(3) for persons age 18 or over to take fish by angling for a consecutive 72-hour
period selected by the licensee, $27;

(4) for persons age 18 or over to take fish by angling for a combined license for a
family for one or both parents and dependent children under the age of 16, $55;

(5) for persons age 18 or over to take fish by angling for a 24-hour period selected
by the licensee, $12;

(6) to take fish by angling for a combined license for a married couple, limited to
14 consecutive days selected by one of the licensees, $43;

(7) for persons age 18 or over to take fish by spearing from a dark house new text begin or with a
spear gun new text end , $10, and the person must possess an angling license; and

(8) for persons age 16 or over and under age 18 to take fish by angling, $5.

(b) A $5 surcharge shall be added to all nonresident fishing licenses, except licenses
issued under paragraph (a), clauses (5) and (8). An additional commission may not be
assessed on this surcharge.

Sec. 4.

Minnesota Statutes 2014, section 97C.301, subdivision 3, is amended to read:

Subd. 3.

Spearing.

A person may not take fish by spearing from a dark house new text begin or by
spear gun new text end without a deleted text begin dark house deleted text end spearing license and an angling license.

Sec. 5.

new text begin [97C.329] SPEAR GUNS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "spear gun" means any
device used to propel a spear underwater by any means other than manual.
new text end

new text begin Subd. 2. new text end

new text begin Spear guns. new text end

new text begin A person may use a spear gun to take fish provided:
new text end

new text begin (1) the person has a valid angling and spearing license;
new text end

new text begin (2) the person is completely submerged in water and in compliance with section
86B.601;
new text end

new text begin (3) the person complies with all applicable game and fish laws and rules adopted
by the commissioner; and
new text end

new text begin (4) there is an open season to take the fish.
new text end

new text begin Subd. 3. new text end

new text begin Nighttime restrictions. new text end

new text begin A person may not take fish by spear gun between
sunset and sunrise.
new text end

new text begin Subd. 4. new text end

new text begin Possession. new text end

new text begin A person may possess a spear gun for the purposes of spear
gun fishing between sunrise and sunset on or near waters where fish may be lawfully
taken by spear gun.
new text end

new text begin Subd. 5. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules to regulate the use of spear
guns to take fish.
new text end

Sec. 6.

Minnesota Statutes 2014, section 97C.371, subdivision 1, is amended to read:

Subdivision 1.

Species allowed.

new text begin Except as provided under section 97C.329, new text end only
rough fish, catfish, lake whitefish, and northern pike may be taken by spearing.

Sec. 7.

Minnesota Statutes 2014, section 97C.371, subdivision 2, is amended to read:

Subd. 2.

Dark houses required for certain species.

Catfish, lake whitefish, and
northern pike may be speared only from dark houses new text begin and as provided under section
97C.329 new text end .