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HF 1021

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2007
1st Engrossment Posted on 03/21/2007
Committee Engrossments
1st Committee Engrossment Posted on 03/13/2007

Current Version - 1st Engrossment

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A bill for an act
relating to game and fish; modifying Lake Superior commercial fishing
provisions; amending Minnesota Statutes 2006, section 97C.835, subdivisions 1,
2, 3, 8; proposing coding for new law in Minnesota Statutes, chapter 97C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to read:


Subdivision 1.

Commercial fishing license for Lake Superior.

(a) A license to
fish commercially in Lake Superior shall be issued to a maximum of deleted text begin 50deleted text end new text begin 25new text end residents. To
qualify for licensing, a resident must have landed fish in the previous year with a value of
at least $1,500, and must have engaged in commercial fishing for at least 30 days of the
previous year. An applicant may be issued a license, at the discretion of the commissioner,
if failure to meet the requirements for the dollar value of fish landed or number of days
fished resulted from illness or other mitigating circumstances, or the applicant has reached
the age of 65 and has been licensed at least five of the previous ten years.

(b) A license may be issued to a resident who has not previously fished commercially
on Lake Superior and has not been convicted of a game and fish law violation in the
preceding three years, if the applicant:

(1) shows a bill of sale indicating the purchase of gear and facilities connected
with an existing license;

(2) shows proof of inheritance of all the gear and facilities connected with an
existing license; or

(3) has served at least two years as an apprentice in a Minnesota Lake Superior
licensed commercial fishing operation.

Sec. 2.

Minnesota Statutes 2006, section 97C.835, subdivision 2, is amended to read:


Subd. 2.

Types of fish permitted.

Lake trout, ciscoes, chubs, alewives, lake
whitefish, round whitefish, deleted text begin pygmy whitefish,deleted text end rainbow smelt, and rough fish may be
taken by licensed commercial fishing operators from Lake Superior, in accordance with
this section.

Sec. 3.

Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to read:


Subd. 3.

Pound nets and trap nets.

Pound or trap nets may be used to takenew text begin lake
whitefish,
new text end round whitefish, deleted text begin pygmy whitefish,deleted text end ciscoes, chubs, alewives, rainbow smelt, and
rough fish in Lake Superior, including St. Louis Baynew text begin east of the U.S. Highway 53 bridgenew text end ,
under the rules prescribed by the commissioner.

Sec. 4.

Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to read:


Subd. 8.

Special permits.

The commissioner may issue special permits to duly
licensed commercial fishing operators deleted text begin not exceeding 20 in number,deleted text end for the purpose
of takingnew text begin lakenew text end troutnew text begin , ciscoes,new text end and lake whitefish deleted text begin spawn during the closed season for the
propagation of trout
deleted text end in Lake Superior and adjacent waters under rules prescribed by the
commissioner.

Sec. 5.

new text begin [97C.836] LAKE SUPERIOR LAKE TROUT EXPANDED ASSESSMENT
HARVEST.
new text end

new text begin The commissioner shall provide for taking of lake trout by licensed commercial
operators in Lake Superior management zones MN-3 and MN-2 for expanded assessment
and sale. The commissioner shall authorize expanded assessment taking and sale of lake
trout in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2
beginning in 2010. Total assessment taking and sale may not exceed 3,000 lake trout
in zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when necessary
to protect the lake trout population or to manage the effects of invasive species or fish
disease. Taking lake trout for expanded assessment and sale shall be allowed from June 1
to September 30, but may end earlier in the respective zones if the quotas are reached. The
quotas must be reassessed at the expiration of the current ten-year Fisheries Management
Plan for the Minnesota Waters of Lake Superior dated September 2006.
new text end

Sec. 6. new text begin RULE AMENDMENTS.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform
to sections 1 to 5. Minnesota Statutes, section 14.386, does not apply to the rulemaking
under this section except to the extent provided under Minnesota Statutes, section 14.388.
new text end