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Just checking legality.........


colt44

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bringing my Otter shelter up next week to fish Winnie. If I just prop open part way and use as a windbreak, do i still need a shelter license? I believe if I were to fully enclose myself then I would be doing a bad bad thing.Correct?

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No, you must have a tag on if you are using it as a windbreak. If you were jsut using it to carry your equipment then you wouldn't need one. remember if you buy a tag now it will be good until Feb next year.

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The only time you need a shelter tag is when the device you are using to block the wind completly ecloses you on three sides or more. So unless you know how to make a shelter with two sides, you'll need a tag. In my opinion, I'd buy the tag now so you have it for next year.

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The definition of a shelter from our local CO is 2 sides and a roof. I don't see using it only as windbreak would constitute a shelter. This questions came up when I asked her (the CO) about being on the lake after midnight. What to do with the Clam. She told me to just collapse it and use the seats to sit on, and at that point it did not become a shelter. She also informed me that sitting in a vehicle after midnight and fishing from it would be a shelter.

Regarding the CO being a dink!!!! I agree that they have a very tough job, understaffed, way to much area to try and cover. However in addition to enforcment I believe they also have a duty to educate and do so in a professional manner. I spent 9 years in law enforcement and education can go a long ways. However if the person you are dealing with comes off as a dink, the entire mood of an enforcement officer can change pretty quickly. Even if you're wrong and feel you're getting the short end of the stick courtesy can go a long ways.....maybe even save a person from getting a citation. Good luck and hang on. Bill

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Pay for the tag, it is the least expensive part of your trip. Depending on the officer makes the difference. Talked to one the other day about this same subject. If it is just the sled and chairs your safe. If the canvas is on and is capable of making a shelter(two sides and a roof) it needs a tag.

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If it's not flipped up, its not a shelter, just an expensive sled, just buy the tag though, then don't lose it before next year. It's to tempting to have the house and not set it up for whatever reason. As a windbreak it qualifies as 2 sides and a roof, accutally it would have 3 sides and a roof, so even though it isn't completly over you, if you sat in the sled it would be.

The windbreaker question brings up the question of if I use it as such, then my license number and shelter tag are most likly not visible because they are in my front door sleeve thingy, can I get a ticket for not displaying my license?

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RiverRat,

Oh yes you can get a ticket for not displaying your shelter license its $120. Two years ago we were out fishing (day before my wedding with a bunch of friends). Just got a tip up set for me and a buddy and we started to set up the shack. Our other friends got set up and a CO flies out from the launch and begins to shake them down, and finds no violations for anything. We just got my shack set up,I am not fishing but the guy in my shack is. Wants to check our license's no problem we give them to him. Steps outside sees my registration is in permanent marker, and asks where my shelter license is. I reached into my carhartt and gave it to him. Looks at gives it back and starts writing me a ticket! Obviously I pleaded my case to no avial. Left a really bad taste in my mouth for CO's to say the least.

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CO's do have a tough job and I do respect cops and I know a lot of them but, no offense but I was professional with this CO and he was a dink regardless.

Also by the way my shelter was an older fish trap II with the posts installed so it kind of sits up a bit more than halk way as a wind break and I did get a ticket for no shelter license. Had just moved to Minnesota and ignorance of the law is no defense but still no reason for that CO to bea jerk. Then again it was on Rush Lake and I can see a lot of those people driving a CO nuts a s well.

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I had to chuckle a little at the comment about the officer being a dink. Sometimes in situations like that our own state of mind can skew our opinion of the other guy. Both ways, the officer's and the citizen's. Having been a correctional officer for 23 years I can tell you that warnings given for infractions are not very effective for some people. I bust the offender and out of kindness and the benefit of the doubt give the offender a warning and a chance to do it right. Next officer busts the same offender and gives the offender the benefit of the doubt and a warning. We compared notes as staff and found that many officers gave the same offender the same warning for the same issue and the offender simply ignored the warnings until discipline was handed out. Warnings are not recorded so they don't know how many, if any, warnings you were given. So, even though you or I are genuinely making an honest mistake, the officer, who has probably given a dozen warnings for the same offense, is wondering why the people in the area aren't getting it. We receive a ticket because there are those out there who will not heed a warning or several warnings. Like always the honest people have to take it because of the real "dinks" out there that won't follow the rules.

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Yeah I know. It just kind of ticked me off at the time. Like I said though, this was up on Rush Lake and I am sure that would be a common occurence on any lake that is that much of a zoo.

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