Except as specifically authorized, a person may not take fish from the third Monday in February to April 30 with a spear, fish trap, net, dip net, seine, or other device capable of taking fish.
(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, 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.
A person may possess and use a dip net between one hour before sunrise and one hour after sunset from May 1 to the third Sunday in February.
Subdivisions 1 to 3 do not apply to:
(1) nets used to take rainbow smelt during the open season;
(2) nets used to land game fish taken by angling;
(3) seines or traps used for the taking of minnows for bait;
(4) nets, seines, or traps possessed and used under an aquatic farm license; and
(5) angling equipment.
The commissioner may adopt rules to regulate the use of nets to take fish.