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HF 2213

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/30/2009

Current Version - as introduced

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A bill for an act
relating to game and fish; modifying permit requirements and fees for
fishing contest permits; amending Minnesota Statutes 2008, section 97C.081,
subdivisions 2, 3, 4, 6, 9.

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

Section 1.

Minnesota Statutes 2008, section 97C.081, subdivision 2, is amended to read:


Subd. 2.

Contests without a permit.

A person may conduct a fishing contest
without a permit from the commissioner provided:

(1) the following criteria are met:

(i) there are deleted text begin 30 participantsdeleted text end new text begin 25 boatsnew text end or less for open water contests and 150
participants or less for ice fishing contests;

(ii) the entry fee is $25 per person or less;

(iii) the total prize value is $25,000 or less; and

(iv) the contest is not limited to trout species only;

(2) the following criteria are met:

(i) the contest is not limited to specifically named waters; and

(ii) the contest is not limited to trout species only; deleted text begin or
deleted text end

(3) all the contest participants are age 18 years or undernew text begin ;
new text end

new text begin (4) the contest is limited to rough fish; or
new text end

new text begin (5) the total prize value is $500 or lessnew text end .

Sec. 2.

Minnesota Statutes 2008, section 97C.081, subdivision 3, is amended to read:


Subd. 3.

Contests requiring a permit.

(a) A person must have a permit from the
commissioner to conduct a fishing contest that does not meet the criteria in subdivision
2. The commissioner shall charge a fee for the permit that recovers the costs of issuing
the permit and of monitoring the activities allowed by the permit. deleted text begin The commissioner
may waive the fee under this subdivision for a charitable organization.
deleted text end Notwithstanding
section 16A.1283, the commissioner may, by written order published in the State Register,
establish contest permit fees. The fees are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.

(b) If entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:

(1) not previously conducted a fishing contest requiring a permit under this
subdivision; or

(2) ever failed to make required prize awards in a fishing contest conducted by
the applicant, the commissioner may require the applicant to furnish the commissioner
evidence of financial responsibility in the form of a surety bond or bank letter of credit in
the amount of $25,000.

(c) The permit fee for any individual contest may not exceed the following amounts:

(1) deleted text begin $120deleted text end new text begin $60new text end for an open water contest not exceeding deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end and
without off-site weigh-in;

(2) deleted text begin $400deleted text end new text begin $200new text end for an open water contest with more than deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end
and without off-site weigh-in;

(3) deleted text begin $500deleted text end new text begin $250new text end for an open water contest not exceeding deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end
with off-site weigh-in;

(4) deleted text begin $1,000deleted text end new text begin $500new text end for an open water contest with more than deleted text begin 100 participantsdeleted text end new text begin 50 boatsnew text end
with off-site weigh-in; or

(5) $120 for an ice fishing contest with more than 150 participants.

Sec. 3.

Minnesota Statutes 2008, section 97C.081, subdivision 4, is amended to read:


Subd. 4.

Restrictions.

new text begin (a) new text end The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
to restrict activities that affect research or management work, to restrict the number of
boats, and for the safety of contest participants.

new text begin (b) By March 1, 2011, the commissioner shall develop a best practices certification
program for fishing contest organizers to ensure the proper handling and release of fish.
new text end

Sec. 4.

Minnesota Statutes 2008, section 97C.081, subdivision 6, is amended to read:


Subd. 6.

Permit application process.

(a) Beginning August 1 each year, the
commissioner shall accept permit applications for fishing contests to be held in the
following year.

(b) If the number of permit applications received by the commissioner from August
1 through the last Friday in September exceeds the limits specified in subdivisions 7 and 8,
the commissioner shall notify the affected applicants that their requested locations and
time period are subject to a drawing. After notification, the commissioner shall allow
the affected applicants a minimum of seven days to change the location or time period
requested on their applications, provided that the change is not to a location or time period
for which applications are already at or above the limits specified in subdivisions 7 and 8.

(c) After the applicants have been given at least seven days to change their
applications, the commissioner shall conduct a drawing for all locations and time periods
for which applications exceed limits. First preference in the drawings shall be given
to applicants for established or traditional fishing contests, and second preference to
applicants for contests that are not established as traditional fishing contests based on the
number of times they have been unsuccessful in previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful in a drawing
loses all accumulated preference. "Established or traditional fishing contest" means a
fishing contest that was issued permits in 1999 and 2000 or was issued permits four out of
five years from 1996 to 2000 for the same lake and time period. Beginning with 2001,
established or traditional fishing contests must continue to be conducted at least four out
of five years for the same lake and time period to remain established or traditional.

(d) The commissioner has until November 7 to approve or deny permit applications
that are submitted by 4:30 p.m. on the last Friday in September. The commissioner
may approve a permit application that is received after 4:30 p.m. on the last Friday
in September if approving the application would not result in exceeding the limits in
subdivisions 7 and 8.

new text begin (e) The commissioner shall develop an online Web-based fishing contest permit
application process.
new text end

Sec. 5.

Minnesota Statutes 2008, section 97C.081, subdivision 9, is amended to read:


Subd. 9.

Permit restrictions.

(a) The commissioner may require fishing contest
permittees to limit prefishing to week days only as a condition of a fishing contest permit.
The commissioner may require proof from permittees that prefishing restrictions on the
permit are communicated to fishing contest participants and enforced.

(b) The commissioner may require permit restrictions on the hours that a permitted
fishing contest is conducted, including, but not limited to, starting and ending times.

(c) The commissioner may require permit restrictions on the number of parking
spaces that may be used on a state-owned public water access site. The commissioner may
require proof from permittees that parking restrictions on the permit are communicated to
fishing contest participants and enforced.

(d) To prevent undue mortality of released fish, the commissioner may require
restrictions for off-site weigh-ins and live releases on a fishing contest permit or may deny
permits requesting an off-site weigh-in or live release.new text begin The commissioner shall allow for
live release weigh-ins at public accesses.
new text end

(e) A person may not transfer a fishing contest permit to another person.

(f) Failure to comply with fishing contest permit restrictions may be considered
grounds for denial of future permit applications.