HF 2221

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am

A bill for an act
relating to game and fish; modifying restrictions on bow fishing to take rough
fish; amending Minnesota Statutes 2008, sections 97A.015, by adding a
subdivision; 97C.335; 97C.345, subdivision 2; 97C.375; 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 2008, section 97A.015, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Bow fishing. new text end

new text begin "Bow fishing" means taking rough fish by archery where
the arrows are tethered or controlled by an attached line.
new text end

Sec. 2.

Minnesota Statutes 2008, section 97C.335, is amended to read:

97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.

new text begin (a) new text end A person may not use artificial lights to lure or attract fish or to see fish in the
water while spearing, except that while angling or spearing, a person may:

(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or

(2) use a lighted decoy for spearing.

new text begin (b) new text end Any battery that is used in lighted fishing lures cannot contain any intentionally
introduced mercury.

new text begin (c) The restrictions in paragraph (a) do not apply to bow fishing.
new text end

Sec. 3.

Minnesota Statutes 2008, section 97C.345, subdivision 2, is amended to read:

Subd. 2.

Possession.

(a) Except as specifically authorized, a person may not possess
a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any
waters. Possession includes personal possession and in a vehicle.

(b) A person may possess spears, dip nets, deleted text begin bows and arrows, deleted text end and spear guns allowed
under section 97C.381 on or near waters between sunrise and sunset from May 1 to the
last Sunday in February, or as otherwise prescribed by the commissioner.

Sec. 4.

Minnesota Statutes 2008, section 97C.375, is amended to read:

97C.375 TAKING ROUGH FISH BY SPEARING deleted text begin OR ARCHERY deleted text end .

A resident or nonresident may take rough fish by spearing deleted text begin or archery deleted text end during the
times, in waters, and in the manner prescribed by the commissioner.

Sec. 5.

new text begin [97C.376] BOW FISHING.
new text end

new text begin Subdivision 1. new text end

new text begin Season. new text end

new text begin The bow fishing season is from May 1 to the last Sunday in
February at any time of the day.
new text end

new text begin Subd. 2. new text end

new text begin Possession of bows and arrows. new text end

new text begin A person may possess bows and arrows
on or near waters at any time from May 1 to the last Sunday in February.
new text end

new text begin Subd. 3. new text end

new text begin Nighttime restrictions on motors. new text end

new text begin From sunset to sunrise, a person bow
fishing with a gasoline-powered motor must use a four-stroke engine. The noise limits
for total noise while bow fishing from sunset to sunrise shall not exceed a noise level
of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or
equivalent noise levels at other distances as specified by the commissioner in a pass-by
test or 67 decibels on the A scale measured at idle in a stationary test at least four feet
above the water and at least four feet behind the transom of the motorboat being tested.
The noise levels under section 86B.321 apply to persons traveling to and from bow fishing
sites from sunset to sunrise.
new text end

new text begin Subd. 4. new text end

new text begin Discharge ordinances; Mississippi and Minnesota Rivers.
new text end

new text begin Notwithstanding any law, rule, or local ordinance to the contrary, a person may discharge
an arrow while bow fishing in the Mississippi and Minnesota Rivers.
new text end

new text begin Subd. 5. new text end

new text begin Nighttime structure and campground setback requirements. new text end

new text begin A person
shall not discharge an arrow while bow fishing within 150 feet of an occupied structure
or within 300 feet of a campsite from sunset to sunrise.
new text end

new text begin Subd. 6. new text end

new text begin Prohibition on returning rough fish to waters. new text end

new text begin Rough fish taken by bow
fishing shall not be returned to the water and rough fish may not be left on the banks
of any water of the state.
new text end