Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 190-S.F.No. 643 
           An act relating to fish and game; changing designation 
          of muskellunge lakes; providing for certain 
          restrictions on designated muskellunge lakes; 
          providing a penalty for a person that illegally takes 
          or possesses a muskellunge; amending Minnesota 
          Statutes 1984, sections 97.55, by adding a 
          subdivision; and 101.475, subdivision 1; repealing 
          Minnesota Statutes 1984, section 101.475, subdivision 
          2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 97.55, is 
amended by adding a subdivision to read: 
    Subd. 17.  [MISDEMEANOR FOR ILLEGALLY TAKING OR POSSESSING 
MUSKELLUNGE.] A person that takes or possesses a muskellunge in 
violation of chapters 97 to 102 is guilty of a misdemeanor and 
is subject to a fine up to $1,000. 
    Sec. 2.  Minnesota Statutes 1984, section 101.475, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DESIGNATION OF MUSKELLUNGE WATERS.] The 
commissioner of natural resources, after notice and hearing, may 
designate not more than 40 lakes in the state, each of which is 
known to be the habitat of muskellunge, and provide special 
rules and regulations applicable only to these lakes for the 
management of fishing therein.  Such special rules and 
regulations may include among other things prohibition of dark 
house spearing or angling or both in any one or more of these 
designated lakes, but must be designed and promulgated solely to 
further experiments, research and management of muskellunge in 
the state. (a) The commissioner may, after holding a public 
meeting, designate waters with muskellunge as muskellunge waters.
    (b) The commissioner may prescribe rules for each 
designated muskellunge waters that: 
    (1) restrict spearing from a darkhouse; 
    (2) restrict angling from a darkhouse; 
    (3) limit the open season to take fish; 
    (4) limit the size of fish that may be kept; and 
    (5) limit the number of each species of fish that may be 
kept. 
    (c) The commissioner must give notice and hold a hearing 
before adopting rules under this subdivision.  The rules are 
effective for a specified period of time and may only be 
extended upon a showing by the commissioner, at a hearing, that 
the muskellunge population in the designated waters has been 
enhanced.  
     (d) The provisions of section 97.48, subdivision 1, 
requiring the angling season on a lake to be closed in 
proportion to the spearing season do not apply to designated 
muskellunge lakes.  
    Sec. 3.  [REPEALER.] 
    Minnesota Statutes 1984, section 101.475, subdivision 2, is 
repealed. 
    Sec. 4.  [EFFECTIVE DATE.] 
    This act is effective the day after final enactment. 
    Approved May 23, 1985