2007 Minnesota Statutes

97C.355 SHELTERS ON ICE; DARK HOUSES AND FISH HOUSES.
    Subdivision 1. Identification required. All shelters on the ice of state waters, including dark
houses and fish houses, must have: (1) the owner's name and address, (2) the owner's driver's
license number, or (3) the "MDNR#" license identification number issued to the owner legibly
displayed on the exterior with characters at least two inches high.
    Subd. 2. License required. A person may not take fish from a dark house or fish house that is
left unattended on the ice overnight unless the house is licensed and has a license tag attached to
the exterior in a readily visible location, except as provided in this subdivision. The commissioner
must issue a tag with a dark house or fish house license, marked with a number to correspond with
the license and the year of issue. A dark house or fish house license is not required of a resident on
boundary waters where the adjacent state does not charge a fee for the same activity.
    Subd. 3. Door must open from outside. A person may not use a dark house or fish house
unless the door is constructed so that it can be opened from the outside when it is in use.
    Subd. 4. Distance between houses. A person may not erect a dark house or fish house within
ten feet of an existing dark house or fish house.
    Subd. 5. Burning of structures. A person may not burn a structure on the ice of state
waters without permission of the commissioner. The commissioner may allow burning only after
determining that the structure cannot be removed from the ice by another reasonable manner. The
owner must remove the remains of the burned structure from the ice.
    Subd. 6.[Repealed, 2006 c 281 art 2 s 58]
    Subd. 7. Dates and times houses may remain on ice. (a) Except as provided in paragraph
(d), a shelter, including a fish house or dark house, may not be on the ice between 12:00 a.m. and
one hour before sunrise after the following dates:
(1) the last day of February, for state waters south of a line starting at the Minnesota-North
Dakota border and formed by rights-of-way of U.S. Route No. 10, then east along U.S. Route
No. 10 to Trunk Highway No. 34, then east along Trunk Highway No. 34 to Trunk Highway No.
200, then east along Trunk Highway No. 200 to U.S. Route No. 2, then east along U.S. Route
No. 2 to the Minnesota-Wisconsin border; and
(2) March 15, for other state waters.
A shelter, including a fish house or dark house, on the ice in violation of this subdivision is
subject to the enforcement provisions of paragraph (b). The commissioner may, by rule, change
the dates in this paragraph for any part of state waters. Copies of the rule must be conspicuously
posted on the shores of the waters as prescribed by the commissioner.
(b) A conservation officer must confiscate a fish house, dark house, or shelter in violation of
paragraph (a). The officer may remove, burn, or destroy the house or shelter. The officer shall
seize the contents of the house or shelter and hold them for 60 days. If the seized articles have not
been claimed by the owner, they may be retained for the use of the division or sold at the highest
price obtainable in a manner prescribed by the commissioner.
(c) When the last day of February, under paragraph (a), clause (1), or March 15, under
paragraph (a), clause (2), falls on a Saturday, a shelter, including a fish house or dark house, may be
on the ice between 12:00 a.m. and one hour before sunrise until 12:00 a.m. the following Monday.
(d) A person may have a shelter, including a fish house or dark house, on the ice between
12:00 a.m. and one hour before sunrise on waters within the area prescribed in paragraph (a),
clause (2), but the house or shelter may not be unattended during those hours.
    Subd. 7a. Houses left overnight. A fish house or dark house left on the ice overnight must be
marked with reflective material on each side of the house. The reflective material must measure a
total area of no less than two square inches on each side of the house. Violation of this subdivision
is not subject to subdivision 8 or section 97A.301.
    Subd. 8. Confiscation of unlawful structures; civil penalty. (a) Structures on the ice in
violation of this section may be confiscated and disposed of, retained by the division, or sold at
the highest price obtainable, in a manner prescribed by the commissioner.
    (b) In addition to other penalties provided by law, the owner of a structure left on the ice in
violation of this section is subject to a civil penalty under section 115A.99.
History: 1986 c 386 art 3 s 33; 1989 c 199 s 1; 1991 c 84 s 1; 1991 c 259 s 23; 1993
c 172 s 57; 1995 c 65 s 1; 1Sp1995 c 1 s 39,40; 1996 c 403 s 1; 1998 c 252 s 2; 2001 c 185 s
31,32; 2003 c 28 art 1 s 15,16; 2004 c 215 s 28; 2006 c 281 art 2 s 49; 2007 c 57 art 1 s 102;
2007 c 131 art 1 s 49