as introduced - 90th Legislature (2017 - 2018) Posted on 01/17/2017 10:30am
Engrossments | ||
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Introduction | Posted on 01/17/2017 |
A bill for an act
relating to game and fish; allowing use of spear guns to take fish; authorizing
rulemaking; amending Minnesota Statutes 2016, 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:
Minnesota Statutes 2016, section 86B.601, subdivision 4, is amended to read:
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
Minnesota Statutes 2016, section 97A.475, subdivision 6, is amended to read:
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 housenew text begin or with a spear
gunnew 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.
Minnesota Statutes 2016, section 97A.475, subdivision 7, is amended to read:
(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 housenew text begin or with a spear
gunnew 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.
Minnesota Statutes 2016, section 97C.301, subdivision 3, is amended to read:
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-spearingdeleted text end new text begin spearingnew text end license and an angling license.
new text begin
For the purposes of this section, "spear gun" means a device
used to nonmanually propel a spear underwater.
new text end
new text begin
A person may use a spear gun to take fish if:
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
A person may not take fish by spear gun between
sunset and sunrise.
new text end
new text begin
A person may possess a spear gun for 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
The commissioner may adopt rules to regulate the use of spear guns to
take fish.
new text end
Minnesota Statutes 2016, section 97C.371, subdivision 1, is amended to read:
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.
Minnesota Statutes 2016, section 97C.371, subdivision 2, is amended to read:
Catfish, lake whitefish, and northern
pike may be speared only from dark housesnew text begin and as provided under section 97C.329new text end .