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Finlander

Portable house license folded down on ice

25 posts in this topic

I have a permanent house I sleep in and a portable that I use during the day. Does the portable on the ice folded down need a license when it is sitting next to my permanent?

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That's a good question!

I would have to say that Since it will be on the ice overnight than yes. There is no stipulation that says you don't need one if it is not occupied, just if the house is left out over night.

I'll have to page through the regs again tonight!!

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That is a good question, but I find it hard to believe that you would get a ticket if it is folded down. Heck, cause then it really is not even a fish shack as much as a tub or a box. I leave mine on the shoreline, but still on ice, overnight when at the cabin, as I have a hill to deal with. I do fold it down, but could get into the same situation. Would be nice to know the answer. Good question!

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I would say no if it is next your permanent and folded up.....if you never unfolded the house and used it for a tub and a seat you never have had to have a lic so you would not need it now....

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I'm guessing no. Since it is not up, it is not a portable icehouse at that point, just a sled. But cases like this are always up to the discretion of a CO.

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I leave a Clam 2000 set up next to my wheel house (its the out house - heater and all) I have been checked by the warden and they have never said anything about it. (it is not even DNR numbered)

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Here is what the DNR says...

"Dark houses, fish houses, and portable shelters placed

on the ice for shelter while fishing do not need a license unless

the house will be left unattended overnight."

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I love this kind of question. If it doesn't get 50 plus posts in the next 24 hours then I'm a monkey's uncle. Here is the quote from the regulations. "Dark houses, fish houses, and portable shelters placed on the ice for shelter while fishing do not need new a license unless the house will be left unattended overnight." Clearly, if you have a portable folded up next to your perm you have not placed it on the ice "for shelter while fishing".

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I wouldn't say it's "Clearly" an answer. If you have it unattended overnight, then how can you have it "for shelter while fishing"? So are you saying it needs a license then?

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I was checked a couple years ago on Mille Lacs, we had the portable house with us but it wasn't set up. This was when you still needed a license, I asked the CO if he wanted me to pull it up so he could see it and he said since we weren't using it as a shelter he didn't need to check, at that point it was just a tub to haul gear out there and not an ice house.

I find it hard to believe a CO would give anyone a hard time about it unless he was given a reason to nitpick.

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I wouldn't say it's "Clearly" an answer. If you have it unattended overnight, then how can you have it "for shelter while fishing"? So are you saying it needs a license then?

This will be number 10, only 40 more to go. Okay, you have to read the regulations one part at a time. Don't go skipping to the end. The first part of the sentence says "Dark houses, fish houses, and portable shelters placed on the ice for shelter while fishing". If it is folded up it can't be used as a shelter while fishing. It's no longer a shelter its just a sled with stuff in it.

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How about put a cover on it so it's in a state of transport. I'm guessing you don't a truck on the ice at the time or you just put it in the back of the truck and it's again in a state of transport.

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I remeber when you had had to license them you could get away with not buying a license as long as the tent was down and you where using it for transort or a seat. Zap, I remeber ken doing that when he bought his trap. So I would have to say if it is folded it is no longer a "shelter" and would not need to be license.

(Zap, if you get a chance can you have Ken call my cell or give me an email?)

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How about put a cover on it so it's in a state of transport. I'm guessing you don't a truck on the ice at the time or you just put it in the back of the truck and it's again in a state of transport.

Hey Zap, let me know where you find the term "state of transport in the regulations. Not at all necessary. He's good, end of story. If he get's pinched, I will represent him at court for free. Of course, then he will get what he pays for.

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If its next to the house you are sleeping in it is not unattended, case closed.

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Well I would say no... but back in the old days Our local CO at that time always said you had to have a license on all shelters even if you were using a cardboard box as a windbreak but he was a (insert your favorite expletive) So I will agree it would probably be up to how the CO interprets the law.

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This is the regulation as far as licensing goes:

Subd. 2.License required.

A person may not leave a dark house or fish house unattended on the ice at any time between midnight and one hour before sunrise 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.

Now where you may have a problem is the way the CO chooses to interpret how the regulation applies to you and what he has observed. If he saw you earlier that night using the portable in it's shelter position but now observes the portable in it's collapsed position with no one in attendance, that may be in violation of the regulation. Much the same as when they had to be licensed all the time. If the CO saw you using the shelter earlier but didn't come over right away but comes over latter when you have the shelter set up to just the sled, you still had to have a license because you were observed earlier using it as a shelter.

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Anyone familiar with the term "professional judgment"?

If not, keeping moving along....

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I have to imagine the only reason for making people license houses anyway is to generate revenue and be able to know who to put blame on when someone leaves their house on the lake and it falls through. Thus, if your anywhere within the vicinity of the house, such as in your truck with the portable set up outside, why would you need to have the license. I only say this because I plan on bringing my portable to Red and LOW and want to leave it setup overnight right next to my truck, while I sleep in the back of the truck. I don't see how this should be a problem but like others said, it's often up to the discretion of the warden. I may not be in it, but if I'm 5 ft away sleeping in my truck it's not like I have left it out by itself on the ice.

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No because if it is folded down, it is not considered a shelter by the DNR.

This is how I would interpret it as well. Not an issue for me though as I don't have a permanent that I would have my portable next to.

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Finlander,

Your probably going to get a hundred different answers on here. I'm guessing your on Osakis from your past posts. Give Jeff, the local CO a call and ask him. If you get checked out there he is more than likely the one that will check you. If he says your fine then your good to go.

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