fishhouse License

[robbo17]

Changes to fish house rules during the close of the 2007 Legislative session will greet anglers in Minnesota this ice fishing season, particularly those leaving such structures unattended on the ice overnight. The Minnesota Department of Natural Resources (DNR) expects the changes to generate some questions since the 2007 Fishing Regulations Handbook does not reflect the new statute language.

Col. Mike Hamm, DNR’s chief conservation officer, said the changes are pretty straightforward. “If you haul a fish house out and leave it unattended on the ice overnight, it needs a fish house license,” Hamm said. The rule change applies to both dark houses and fish houses.

The legal definition for a “fish house” means a structure set on the ice of state waters to provide shelter while taking fish by angling.

For a fish house or a dark house to require a shelter license, it has to be left unattended on the ice overnight and used for taking fish. “Overnight” is defined as the hours between sunset and sunrise outlined in the DNR’s sunrise/sunset tables in the 2007 Fishing Regulations Handbook.

Also under new provisions of the statute, residents and nonresidents are treated the same. This means in most cases a nonresident using a fish house during daylight hours will not need a fish house license. Likewise, if a nonresident angler is found occupying a fish house during the night, no fish house license will be required. However, if a nonresident places a fish house on a lake and leaves it unattended overnight, a nonresident shelter license will be required.

“For the 2007-2008 winter season, residents and nonresidents will need the appropriate fish house license only if the fish house is left unattended on the ice overnight,” Hamm said.

FREQUENTLY ASKED QUESTIONS

Question: Resident or nonresident is angling with a fish house for five hours during the day. Person leaves ice with the fish house. Does angler need a fish house license?

Answer: No. A fish house license is not required in this instance.

Question: Resident or nonresident angler stays overnight in a fish house. Does person need a fish house license?

Answer: No. A fish house license is not required in this instance, as long as the fish house is occupied.

Question: Resident or nonresident angler leaves fish house unoccupied on an area lake overnight in front of the resort angler is staying at. Does the fish house require a fish house license?

Answer: Yes. A fish house license would be required in this instance. Anytime the fish house is left unattended overnight, a fish house license is required.

Question: A group of (resident or nonresident) anglers pulls a fish house on the ice for a weekend of ice fishing. The fish house is designed with a wheel system that allows for easy access and removal from the lake. The anglers stay in the house and never leave it unoccupied during the course of the weekend. Does the fish house require a license?

Answer: No. A fish house license is not required as long as the fish house is attended. This includes daylight, as well as nighttime use.

Question: A group of anglers (resident or nonresident) anglers constructs an 8- by - 8- by 12-foot fish house on a local lake. Regularly the group, or members of the group, will meet at the fish house after work to fish. By 9 p.m. they’ve all left and return the following day at 5 p.m. for more fun. Does this fish house require a license?

Answer: Yes. Depending on who owns the fish house, a resident or a nonresident fish house license would be required.

The following regulations apply to fish houses, dark houses and portable shelters used on all Minnesota waters, unless noted in the 2007 Minnesota Fishing Regulations Handbook.

- 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. 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 years of issue. A dark house or fishing house is not required of a resident on

boundary waters where the adjacent state does not charge a fee for the same activity.

- Nonresidents may obtain a license for a fish shelter.

- All shelters (including dark houses, fish houses and portable shelters) placed on the

ice of Minnesota waters must have either the complete name and address, driver’s

license number, or the nine-digit Minnesota DNR number on the license of

the owner plainly and legibly displayed on the outside in letters, and figures at least

two inches in height.

- A tag, furnished with the license, must be attached to the exterior in a readily visible location.

- Dark houses, fish houses and portable shelters must have a door that can be opened from the outside at any time when in use.

- Fish houses left on the ice overnight need to have at least two square inches of

reflective material on each side of the house.

- Fish houses must comply with the identification requirements of the state for which

the angler is licensed.

- No person may erect a dark house, fish house or shelter within 10 feet of an existing

dark house, fish house or shelter.

- Portable dark houses, fish houses and shelters may be used for fishing within the

Boundary Waters Canoe Area Wilderness (BWCAW), but must be removed from the

ice each night. The structure must be removed from the BWCAW each time the

occupant leaves the BWCAW.

[bturck]

Robbo: Thanks for the post. Very interesting. It appears as though those of us who use portables and would probably not leave this type of house on the lake unattended to be stolen or in windy conditions turned into an ice boat are no longer required to purchase a shelter license. It seems unbelievable that the State would give up the revenue from all of those portable structure licenses..... The error of not having that portion of the statute printed in the regs seems a little ironic too. If you hadn't posted this I would have purchased another structure license just as in the past 7 years on my portable. Very interesting. Thanks again for the post. Bill

[bturck]

Robbo is there any chance that you would happen to have the Statute number that applies to this info? Thanks, Bill

[robbo17]

97C.355, Minnesota Statutes 2007

Copyright © 2007 by the Office of Revisor of Statutes, State of Minnesota.

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.

(AS Copied from State Legislature) Hope this Helps

[bturck]

Thanks, Bill

[Sartell Angler]

Quote:

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Robbo: Thanks for the post. Very interesting. It appears as though those of us who use portables and would probably not leave this type of house on the lake unattended to be stolen or in windy conditions turned into an ice boat are no longer required to purchase a shelter license. It seems unbelievable that the State would give up the revenue from all of those portable structure licenses.....

The error of not having that portion of the statute printed in the regs seems a little ironic too. If you hadn't posted this I would have purchased another structure license just as in the past 7 years on my portable. Very interesting. Thanks again for the post. Bill

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The DNR did a very smart thing in removing the license fee from portable houses and increasing the feese for NR anglers. Pure genius! Thanks MN DNR.

[Wallyeyes]

I agree. Get the fees from the NRs. Seeing as how I already bought mine last season, I'll chip in one more time. Now, if they(Mn. DNR) would just stop messing with Mille Lacs!

[bturck]

Still hard to believe that the State is going to leave money on the table. They had us (portable guys) by the short hair for years, now we won't need the license to fish and take the house along when we go. I agree with picking up some of the slack from the NR's, don't know if that will make up the difference though. Good luck and hang on. Bill

[SPIN DRY]

It's nice to see them drop the shelter tag. Over here in WI we don't have shelter tags portable or permanent. But remember when MN ups there NR fees the other states will follow,WI, ND,SD,and maybe even Iowa. So careful what you ask for, unless you don't leave your home state.

[Wallyeyes]

I hear ya. I don't neccessarily want to see NRs pay more than they already do because I don't want to pay more to fish in those states, not that I ever have, but if I do. I just like the idea, being a guy who uses portable shelter 95% of the time, of not being required to purchase a license for it.

I don't think our DNR has unlimited funds avaialbe and if a budget deficit becomes an issue because of the portable license fees, then bring them back. I'll pay the fee if I have to.

[mrklean]

Thanks for the post, i can now save some money on a tag, maybe go buy some more ice gear with the saved money. Thanks guys for all the great help. Wish you all a good and safe season to come on the ice guys.

[Fisher J]

This is great news. I already have one for this season that I got in March, but now I can put it on my friend's fish house.

[robbo17]

Fisher,

I would caution on doing this, Note for sure, but I think the license should match the identification on the house.

just a heads up.

Robbo

[woodsmanmn]

I bought my tag yesterday, now I read about this today... Oh well.

[riverwalker]

Does anyone know if they are giving any credit towards...say next years license....or anything like that...I dont mind giving to a good cause, but hey I wouldn't mind getting a little break next year either......

[vanhea20]

Here is a question. Since you don't need a shelter license anymore if house isn't left unattended, do you still need to have an ID tag with your Driver's license # or address on it. Just curious because I bought a new portable and haven't made a tag yet.

[bturck]

Yes you still need either name and address, drivers license number or your DNR number on the house whether it is portable of permanent. Letters need to be 2" in height. Good luck and hang on. Bill