MN/WI Border Water Rules

  • Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1333169

    To some this is old news. To many many others this post is to help stop the confusion.

    Below are emails received directly from the MN and WI Enforcement.

    To keep this clean, this post is locked and discussions can be found Here<<<

    *************

    Here’s the email from Tyler Quandt, Minnesota Conservation Officer on Pool 4 of the Mississippi River near Red Wing MN.

    As a MN CO do you ticket WI Residents or Non Resident license holders for using bluegills or fishing with 3 lines on the MN side of P-4.

    <font color=”red”> Brian, in regards to your first question. It is ILLEGAL for WI residents and people licensed as non-residents from WI to use Bluegills or fish with 3 lines on the MN side of the river. So yes they could get a ticket if they do it.<!–color–></font>

    Am I wrong in saying that we need to follow the rules of the state we are licensed in from train track to train track. Of course a MN resident must be licensed in MN and WI from WI. Any other state can be licensed from whichever state they chose.

    <font color=”red”> In regards to question number 2. Any person who can legally fish on the border waters would be able to use 3 lines on the WI side and be able to use Bluegills. If you refer to page 48 of the 2011 fishing synopsis it tells you that you can exercise more liberal fishing regulations as long as you are in the waters of the bordering state.

    Your other statements about needing to be licensed by the state you live in are correct. Hope this helps, thanks.

    Tyler Quandt (Edit: Pool 4 Area CO)
    Conservation Officer
    <!–color–></font>

    **********************

    Alex Gutierrez is the Minnesota CO for the St Croix River in the Washington County area.

    “The law reads, to exercise the more liberal regulations you must be confined to the territorial waters of the more liberal state. Both WI and MN residents need residents licenses from their respective states, any other non-residents (aside from MN and WI) with a non-resident license from either WI or MN will allow them to fish the border waters. So broken down to simpler terms for WI / MN borders, if an angler wants to fish with three lines or any method allowed by WI they have to be in WI territorial waters. Unlike the Mississippi which is defined by a channel and channel markers, the St Croix’s border meanders and is unclear, when in doubt better stick to the east side of the river if you want to exercise WI regulations (more liberal = east side). Unlike Walleye opener on the St Croix, Sturgeon season begins Sept 1st for WI, MN opens Sept 4th. So, if someone wants to fish Sturgeon starting Sept 1st, they must be on the WI side of the river, if they would like to harvest one during that time they need WI Sturgeon tag. Sept 4th through Sept 30th, MN side will be open for Sturgeon fishing and harvesting with a tag. Then “catch and release” from Oct 1st through the 15th.

    I hope this suffices your questions, please feel free to contact me with any future questions or concerns.

    Thank you

    Alex Gutierrez
    Conservation Officer
    WI Department of Natural Resources
    Division of Enforcement”

    ************

    From: Peterson, Jason.R R (DNR)
    Sent: Friday, September 02, 2011 4:05 PM
    To: Stiras, Joel K (DNR)
    Cc: Salo, Gregory (DNR)

    Subject: RE: MN/WI border regulations

    Good afternoon sir!

    >>It looks like a MN angler could legally fish with bluegill that the angler caught if fishing on the WI side of

    the river(s) as it is legal for WI anglers to use bluegill as bait in WI. Some people think that a MN angler could fish three lines on the WI side of the river(s). My interpretation is no, they cannot as page 48 states “Unless otherwise noted, all general regulations related to angling methods, licensing, seasons, limits, possession and transportation of fish, apply to border waters (see pages 9-13).” On page 57, it states only two lines may be used, so I treat that as “otherwise noted” and therefore MN anglers can only use two lines. Does a WI non-resident license get a MN angler that privilege?

    <font color=”red”>Answer to your first question: A MN resident with a valid MN angling license can use the more liberal regulation (in this case 3 lines) while angling on the WI side only.<!–color–></font>

    >> Anglers are bound by the seasons set forth by their home state (even if a MN angler has a WI non-resident license). Is that correct? So on the St Croix, MN anglers must wait for the September 4 opener for lake sturgeon even though the WI opener is September 1, regardless of what side the angler may be fishing. Or does a WI non-resident license get a MN angler that privilege?

    <font color=”red”>Answer to your second question: A MN resident with a valid MN angling license may fish for any open season (including WI) on the bordering water even if it differs from MN.<!–color–></font>

    >> WI only allows use of live crayfish as bait in the Mississippi River. MN allows use of crayfish on the St
    Croix River downstream of the Boom Site (i.e. Lake St Croix). Can a MN angler use live crayfish on the
    WI side of Lake St Croix?

    <font color=”red”>Answer to your third question: I would need to look at WI regulations as it pertains to your crayfish question.

    Applying the same logic, my first thought would be that if WI does not permit the use of crayfish as bait on the St. Croix, just because MN does would not make it lawful to do so on the WI side.<!–color–></font>

    Please let me know if you have any further questions.
    1LT Jason Peterson
    District 14 Supervisor
    MN DNR Division of Enforcement
    651-460-8141
    [email protected]

    *****************

    This space reserved for the WI Enforcement response.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #994440

    Brian,

    I agree with the information that Jason Peterson of the Minnesota DNR Division of Enforcement provided below in his e-mail response.

    The rules a person must follow when fishing on the Wis/Minn boundary waters is not dependent on which state the person lives in or which state issued their license. What determines which states rules an angler must follow is simply determined by the location (which state) the person is fishing. The reciprocity between the states only applies to accepting each others licenses on the waters defined as a boundary water. The one condition is that a resident of either state must hold a resident license from their home state when fishing on a boundary water. Anyone else may hold a Nonresident license from either state.

    When the rules for fishing differ between Wisconsin and Minnesota on the Mississippi River Boundary water, such as the use of game fish as bait, seasons, bag limits, or the number of hooks, baits or lures a person may fish with, an angler needs to know what side of the state line they are on, and follow the rules of that state. Wisconsin does not have a rule on number of lines, but rather a rule that limits the maximum number of hooks, baits or lures a person may fish with, which is 3. If an angler attaches 3 different baits or lures to one line, then they can only fish with that one line on the Wisconsin side of the river.

    Wisconsin law reads as follows:
    NR 21.17 Conflicting rules. Where there are differences in elements of the boundary waters regulations of Minnesota and Wisconsin, anglers, commercial fishers and persons taking turtles shall comply with the regulations of the state in whose territorial waters they are fishing in or taking turtles.

    When fishing on the Wisconsin side of the Mississippi River, a person may possess and use live rusty crayfish or native crayfish as fishing bait. All other non-native species of crayfish are considered a prohibited invasive species in Wisconsin. The season for taking crayfish from the Wisconsin side of the Mississippi river is May 1 to March 1. On all other waters in Wisconsin the season for harvesting crayfish is open year round. It is illegal to use live crayfish as fishing bait on all inland waters in Wisconsin except on the Mississippi river. Simultaneous possession of live crayfish and hook and line fishing equipment while on inland waters in Wisconsin, except the Mississippi river, is considered a violation of Wisconsin law. When on the Minnesota side of the boundary waters, an angler must follow the Minnesota rules regarding the harvest and use of crayfish as fishing bait.

    I hope this information is helpful. If you have any further questions, feel free to reply back or give me a call.

    Thomas Van Haren
    Conservation Warden & NR Policy Officer
    Bureau of Law Enforcement
    Wisconsin Department of Natural Resources
    (() phone: (608) 266-3244

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1363300

    For the 2014 open water season.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1446325

    For the fall season of 2014.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1916371

    Time to let this post move on. Hopefully the next post like this will have the NEW 2020 border water regulations included.

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