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Minnesota Legislature

Office of the Revisor of Statutes

HF 92

as introduced - 91st Legislature (2019 - 2020) Posted on 01/24/2019 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to game and fish; allowing use of spear guns to take fish; authorizing
rulemaking; amending Minnesota Statutes 2018, 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 2018, 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 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 housenew text begin or with a spear
gun
new text end, $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;
and

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

Sec. 3.

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 housenew text begin or with a spear
gun
new text end, $12, 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 2018, 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 beginor by
spear gun
new text endwithout a deleted text begindark-house-spearingdeleted text endnew text begin spearingnew text end 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 a device
used to nonmanually propel a spear underwater.
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 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 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 to take fish 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 2018, section 97C.371, subdivision 1, is amended to read:


Subdivision 1.

Species allowed.

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

Sec. 7.

Minnesota Statutes 2018, 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 housesnew text begin and as provided under section 97C.329new text end.