State v. Barsness, Minn.Ct.App., 4/12/2011. Mr. Barsness was harvesting minnows, for which he held a valid license, when a DNR officer came along. Mr. Barsness was operating on a lake that was not infested with the spiny water flea but with equipment that he had also used in an infested lake. Equipment that is used in “commercial fishing” in an infested lake can’t be used in any other waters. So, the state charged Mr. Barsness with using equipment in violation of his license.
Problem is, minnow harvesting is not “commercial fishing,” which is defined to be “taking fish, except minnows, for sale.” Minn.Stat. 97A.015, subd. 9. Minnows are not fish under the game and fish laws. The court reversed his conviction.
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