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HF 2145

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 05:20pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to game and fish; requiring license to take muskellunge; amending
Minnesota Statutes 2018, sections 97A.445, subdivisions 1, 1a; 97A.451,
subdivisions 2, 5; 97A.475, subdivisions 6, 7; 97A.485, subdivision 6; 97C.301,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 97A.445, subdivision 1, is amended to read:


Subdivision 1.

Angling; Take a Kid Fishing Weekends.

(a) A resident age 16 years
or older may take fishnew text begin , including muskellunge,new text end by angling without an angling new text begin or muskellunge
new text end license and may take fish by spearing from a dark house without a spearing license and
without a fish house or dark house license during one three-day consecutive period of the
open water angling season and one three-day consecutive period of the ice angling season
designated by the commissioner if the resident is accompanied by a child who is under age
16. The commissioner may, by written order published in the State Register, establish the
three-day consecutive periods. The written order is not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.

(b) The commissioner may designate and publicize the three-day periods as "Take a Kid
Fishing Weekend" for the open water angling season and "Take a Kid Ice Fishing Weekend"
for the ice angling season. The commissioner shall announce the date of each three-day
weekend at least 30 days in advance of the date it occurs.

Sec. 2.

Minnesota Statutes 2018, section 97A.445, subdivision 1a, is amended to read:


Subd. 1a.

Angling in state parks.

(a) A resident may take fish by angling without an
angling license:

(1) when shore fishing or wading on state-owned land within a state park; or

(2) when angling from a boat or float or through the ice on water bodies completely
encompassed within the statutory boundary of the state park.

(b) The exemption from an angling license does not apply to waters where a trout stamp
is required.

new text begin (c) A person may take muskellunge under this section without an angling license or
muskellunge license.
new text end

Sec. 3.

Minnesota Statutes 2018, section 97A.451, subdivision 2, is amended to read:


Subd. 2.

Residents under age 16; fishing.

(a) A resident under the age of 16 years may
take fishnew text begin , including muskellunge,new text end without a license.

(b) A resident under the age of 16 may net ciscoes and whitefish for personal consumption
without the license required under section 97A.475, subdivision 13. A resident netting
ciscoes and whitefish under this paragraph must follow all other applicable requirements
for netting ciscoes and whitefish for personal consumption.

Sec. 4.

Minnesota Statutes 2018, section 97A.451, subdivision 5, is amended to read:


Subd. 5.

Nonresident youth; angling.

(a) A nonresident under age 16 may:

(1) take fish by angling without a license if a parent or guardian has a fishing license.
Fish taken by a nonresident under age 16 without a license must be included in the limit of
the parent or guardian;

(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph
(a), clause (8), and possess a limit of fish; or

(3) be included under a nonresident family angling license and possess a limit of fish.

(b) A nonresident age 16 or over and under age 18 must purchase a youth license to
angle under section 97A.475, subdivision 7, paragraph (a), clause (8).

(c) Nonresidents age 16 or over and under age 18 may take fish by spearing without a
spearing license but must possess a fishing license under section 97A.475, subdivision 7,
paragraph (a), clause (8).

(d) Nonresidents under age 16 may take fish by spearing without a spearing or angling
license.

(e) Limits for fish taken by spearing must comply with one of the options listed under
paragraph (a).

new text begin (f) Nonresidents age 16 or over and under age 18 may take muskellunge without a
muskellunge license but must possess an angling license under section 97A.475, subdivision
7, paragraph (a), clause (8). Nonresidents under age 16 may take muskellunge without a
muskellunge or angling license.
new text end

Sec. 5.

Minnesota Statutes 2018, 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, $25;

(2) for persons age 18 or over to take fish by angling, for a combined license for a married
couple, $40;

(3) for persons age 18 or over to take fish by spearing from a dark house, $6, 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, $12;

(5) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
selected by the licensee, $14;

(6) for persons age 18 or over to take fish by angling for three consecutive years, $71;
deleted text begin and
deleted text end

(7) for persons age 16 or over and under age 18 to take fish by angling, $5new text begin ; and
new text end

new text begin (8) for persons age 18 or over to take muskellunge, $10, and the person must possess
an angling license
new text end .

Sec. 6.

Minnesota Statutes 2018, 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, $46;

(2) for persons age 18 or over to take fish by angling limited to seven consecutive days
selected by the licensee, $38;

(3) for persons age 18 or over to take fish by angling for a consecutive 72-hour period
selected by the licensee, $31;

(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, $63;

(5) for persons age 18 or over to take fish by angling for a 24-hour period selected by
the licensee, $14;

(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, $49;

(7) for persons age 18 or over to take fish by spearing from a dark house, $12, and the
person must possess an angling license; deleted text begin and
deleted text end

(8) for persons age 16 or over and under age 18 to take fish by angling, $5new text begin ; and
new text end

new text begin (9) for persons age 18 or over to take muskellunge, $10, and the person must possess
an angling license
new text end .

(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. 7.

Minnesota Statutes 2018, section 97A.485, subdivision 6, is amended to read:


Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell licenses
under this section must issue the following licenses for the license fee and the following
issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1;

(3) to take small game, to take fish by angling or by spearing, new text begin to take muskellunge, new text end and
to trap fur-bearing animals, the issuing fee is $1;

(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires
a license purchase at the time of application and the license purchase requires an application
fee;

(5) for a prairie-chicken license, the issuing fee is $1;

(6) for a turkey license, the issuing fee is $1;

(7) for an elk license, the issuing fee is $1;

(8) for a moose license, the issuing fee is $1;

(9) for a wolf license, the issuing fee is $1;

(10) for a stamp validation that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;

(11) for stamp validations issued simultaneously with a license, there is no fee;

(12) for licenses, seals, tags, or coupons issued without a fee under section 97A.441,
subdivisions 1
to 6a, or 97A.465, there is no fee;

(13) for lifetime licenses, there is no fee; and

(14) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of the
authorized seller.

(b) Only one issuing fee may be collected when selling more than one stamp in the same
transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the issuing
fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses each
to fishing guides operating charter boats upon receipt of payment of all license fees, excluding
the issuing fee required under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The commissioner shall refund the charter boat captain for
the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the
commissioner for one year.

Sec. 8.

Minnesota Statutes 2018, section 97C.301, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Muskellunge. new text end

new text begin A person may not take muskellunge without a muskellunge
license and an angling license.
new text end