You are right about it being confusing. If you go to the 2004 Minnesota Fishing Regulations, page 69 under the Exotic Species Laws it states: “It is unlawful to: harvest minnows, frogs, or any other wild animals from infested waters for bait.” There is an exception – if the waters you catch the bait from are only designated as infested because of Eurasion watermilfoil, you can use the bait for personal use but only in that body of water.
This part of the regulations is not written very well and confuses a lot of people. The point that they are trying to make is this: you cannot harvest and use bait from any water infested with Zebra Mussels. In Minnesota that is the Mississippi (downstream of St Anthony Falls) and the St Croix River (downstream of the St Croix Boomsite Recreation Area – river mile 25.4), the St Louis River (downstream of the Fond du Lac dam), and the Zumbro River (downstream of Lake Zumbro). The only reason I know this is because I corresponded directly with the DNR to clarify what I could and could not legally do to obtain baitfish from the St Croix River. I wanted to harvest some shad for use as cutbait and was told that I could not legally do that because of the zebra mussel infestation. Now for the kicker in this whole issue: If you live in Wisconsin and have a Wisconsin fishing license you can catch and use all the bait you want from the St Croix and the Mississippi. How’s that for a fair and equitable system of fish and game management.