HF 3018

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             relating to commercial fishing; amending Minnesota 
  1.4             Statutes 1994, sections 97A.475, subdivisions 30, 31, 
  1.5             32, 33, 34, 35, 36, and 37; 97C.811, subdivision 6; 
  1.6             97C.815, subdivision 4; 97C.835, subdivisions 1 and 5; 
  1.7             and 97C.841. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 97A.475, 
  1.10  subdivision 30, is amended to read: 
  1.11     Subd. 30.  [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] 
  1.12  The fee for a license to net commercial fish in inland waters, 
  1.13  to be issued to residents and nonresidents, is $70 plus: 
  1.14     (1) for each hoop net pocket, $1; 
  1.15     (2) for each 1,000 feet of seine, $16.50; and 
  1.16     (3) for each helper's apprentice license, $5.50 $25.  
  1.17     Sec. 2.  Minnesota Statutes 1994, section 97A.475, 
  1.18  subdivision 31, is amended to read: 
  1.19     Subd. 31.  [COMMERCIAL NETTING OF FISH IN LAKE OF THE 
  1.20  WOODS.] The fee for a license to commercially net fish in Lake 
  1.21  of the Woods is: 
  1.22     (1) for each pound net or staked trap net, $49.50; 
  1.23     (2) for each fyke net, $11, plus $5 for each two-foot 
  1.24  segment, or fraction, of the wings or lead in excess of four 
  1.25  feet in height; 
  1.26     (3) for each 100 feet of gill net, $2.75; 
  2.1      (4) for each submerged trap net, $16.50; and 
  2.2      (5) for each helper's apprentice license, $16.50 $25.  
  2.3      Sec. 3.  Minnesota Statutes 1994, section 97A.475, 
  2.4   subdivision 32, is amended to read: 
  2.5      Subd. 32.  [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The 
  2.6   fee for a license to commercially net fish in Rainy Lake is: 
  2.7      (1) for each pound net, $49.50; 
  2.8      (2) for each 100 feet of gill net, $2.75; and 
  2.9      (3) for each helper's apprentice license, $16.50 $25.  
  2.10     Sec. 4.  Minnesota Statutes 1994, section 97A.475, 
  2.11  subdivision 33, is amended to read: 
  2.12     Subd. 33.  [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND 
  2.13  POINT LAKES.] The fee for a license to commercially net fish in 
  2.14  Namakan Lake and Sand Point Lake is: 
  2.15     (1) for each 100 feet of gill net, $1.75; 
  2.16     (2) for each pound, fyke, and submerged trap net, $16.50; 
  2.17  and 
  2.18     (3) for each helper's apprentice license, $5.50 $25.  
  2.19     Sec. 5.  Minnesota Statutes 1994, section 97A.475, 
  2.20  subdivision 34, is amended to read: 
  2.21     Subd. 34.  [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN 
  2.22  THE MISSISSIPPI RIVER.] (a) The fee for a license to 
  2.23  commercially seine rough fish in the Mississippi river from St. 
  2.24  Anthony Falls to the St. Croix river junction is: 
  2.25     (1) for a seine not exceeding 500 feet, $27.50; or 
  2.26     (2) for a seine over 500 feet, $44, plus $2 for each 100 
  2.27  foot segment or fraction over 1,000 feet.  
  2.28     (b) The fee for each helper's apprentice license issued 
  2.29  under paragraph (a) is $5.50 $25.  
  2.30     Sec. 6.  Minnesota Statutes 1994, section 97A.475, 
  2.31  subdivision 35, is amended to read: 
  2.32     Subd. 35.  [COMMERCIAL SEINING OF FISH IN WISCONSIN 
  2.33  BOUNDARY WATERS.] The fee for a license to commercially seine 
  2.34  fish in the boundary waters between Wisconsin and Minnesota from 
  2.35  Taylors Falls to the Iowa border is: 
  2.36     (1) for a seine not exceeding 500 feet, $27.50; or 
  3.1      (2) for a seine over 500 feet, $44, plus $2.50 for each 100 
  3.2   feet over 1,000 feet; and 
  3.3      (3) for each helper's apprentice license to be issued to 
  3.4   residents and nonresidents, $5.50, $25.  
  3.5      Sec. 7.  Minnesota Statutes 1994, section 97A.475, 
  3.6   subdivision 36, is amended to read: 
  3.7      Subd. 36.  [COMMERCIAL NETTING IN WISCONSIN BOUNDARY 
  3.8   WATERS.] The fee for a license to commercially net in the 
  3.9   boundary waters between Wisconsin and Minnesota from Lake St. 
  3.10  Croix to the Iowa border is: 
  3.11     (1) for each gill net not exceeding 500 feet, $14.50; 
  3.12     (2) for each gill net over 500 feet, $27.50; 
  3.13     (3) for each fyke net and hoop net, $11; 
  3.14     (4) for each bait net, $1.75; 
  3.15     (5) for each turtle net, $1.75; 
  3.16     (6) for each set line identification tag, $14.50; and 
  3.17     (7) for each helper's apprentice license to be issued to 
  3.18  residents and nonresidents, $5.50, $25.  
  3.19     Sec. 8.  Minnesota Statutes 1994, section 97A.475, 
  3.20  subdivision 37, is amended to read: 
  3.21     Subd. 37.  [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] 
  3.22  The fee for a license to commercially net fish in Lake Superior 
  3.23  is: 
  3.24     (1) for each gill net, $77 plus $2 for each 1,000 feet over 
  3.25  1,000 feet; 
  3.26     (2) for a pound or trap net, $77 plus $2 for each 
  3.27  additional pound or trap net; and 
  3.28     (3) for each helper's apprentice license, $5.50 $25.  
  3.29     Sec. 9.  Minnesota Statutes 1994, section 97C.811, 
  3.30  subdivision 6, is amended to read: 
  3.31     Subd. 6.  [LICENSE INVALIDATION AND TRANSFER.] (a) Except 
  3.32  as provided in paragraph (c), a license to take commercial fish 
  3.33  is void upon:  
  3.34     (1) the licensee's death; 
  3.35     (2) sale of the commercial fishing business; 
  3.36     (3) removal of the commercial fishing business from the 
  4.1   state; 
  4.2      (4) (3) conviction of two or more violations of inland 
  4.3   commercial fishing laws within a license period; or 
  4.4      (5) (4) failure to apply for a new or renewal license prior 
  4.5   to June 15 of any year.  
  4.6      (b) A commercial inland fishing license is not subject to 
  4.7   the license revocation provisions of section 97A.421.  
  4.8   Commercial fishing rights and area assignments covered by a 
  4.9   license that becomes void reverts to the commissioner for 
  4.10  reassignment.  
  4.11     (c) A commercial inland fishing license and the commercial 
  4.12  fishing rights and area assignments covered by the license may 
  4.13  be transferred from an existing licensee to another individual 
  4.14  through sale of an existing business or through inheritance upon 
  4.15  application to and approval by the commissioner. 
  4.16     Sec. 10.  Minnesota Statutes 1994, section 97C.815, 
  4.17  subdivision 4, is amended to read: 
  4.18     Subd. 4.  [INLAND COMMERCIAL FISHING TRADE ASSOCIATION; 
  4.19  LICENSE PROBLEMS.] The commissioner shall consult with 
  4.20  representatives of the inland commercial fishing trade 
  4.21  association when disagreements arise in the areas of license 
  4.22  issuance, problems with performance pursuant to the license, 
  4.23  transfers of licenses, area assignments, and the entry of new 
  4.24  commercial fishing operators into the inland commercial fishery. 
  4.25     Sec. 11.  Minnesota Statutes 1994, section 97C.835, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [COMMERCIAL FISHING LICENSE FOR LAKE 
  4.28  SUPERIOR.] (a) A license to fish commercially in Lake Superior 
  4.29  shall be issued only to a resident who possesses 5,000 feet of 
  4.30  gill net of mesh sizes permitted in subdivisions 4 and 5 or two 
  4.31  pound nets, has maximum of 50 residents.  To qualify for 
  4.32  licensing, a resident must have landed fish in the previous year 
  4.33  with a value of at least $1,500, except for those state waters 
  4.34  from Duluth to Silver Bay upon the discretion of the 
  4.35  commissioner, and has must have engaged in commercial fishing 
  4.36  for at least 50 30 days of the previous year.  An applicant 
  5.1   shall be issued a license without meeting these requirements if 
  5.2   the applicant is 65 or more years of age and has held a license 
  5.3   continuously since 1947.  An applicant may be issued a license, 
  5.4   at the discretion of the commissioner, if failure to meet these 
  5.5   the requirements for the dollar value of fish landed or number 
  5.6   of days fished resulted from illness or other mitigating 
  5.7   circumstances, or the applicant has reached the age of 65 and 
  5.8   has been licensed at least ten five of the previous 15 ten 
  5.9   years.  Persons receiving licenses under these provisions for 
  5.10  applicants 65 years of age or more must be in attendance at the 
  5.11  setting and lifting of nets.  The commissioner may issue 
  5.12  multiple licenses to individuals who meet these requirements and 
  5.13  have held multiple licenses prior to 1978.  
  5.14     (b) A license may be issued to a resident who has not 
  5.15  previously fished commercially on Lake Superior and has not been 
  5.16  convicted of a game and fish law violation in the preceding 
  5.17  three years, if the applicant: 
  5.18     (1) shows a bill of sale indicating the purchase of gear 
  5.19  and facilities connected with an existing license; 
  5.20     (2) shows proof of inheritance of all the gear and 
  5.21  facilities connected with an existing license; or 
  5.22     (3) has served at least two years as a helper an apprentice 
  5.23  in a Minnesota Lake Superior licensed commercial fishing 
  5.24  operation. 
  5.25     Sec. 12.  Minnesota Statutes 1994, section 97C.835, 
  5.26  subdivision 5, is amended to read: 
  5.27     Subd. 5.  [GILL NETS; CISCOES.] Unless the commissioner has 
  5.28  issued a permit allowing otherwise, gill nets for taking ciscoes 
  5.29  and chubs may not be less than 2-1/4 inch extension measure mesh 
  5.30  and may not exceed 2-3/4 inch extension measure mesh.  
  5.31     Sec. 13.  Minnesota Statutes 1994, section 97C.841, is 
  5.32  amended to read: 
  5.33     97C.841 [HELPER'S APPRENTICE LICENSE.] 
  5.34     A person assisting the holder of a master's license, in 
  5.35  with a commercial fishing license may list one person as an 
  5.36  apprentice on the license.  A person acting as an apprentice for 
  6.1   a commercial fishing licensee must have an apprentice license.  
  6.2   The commercial fishing licensee or the apprentice listed on the 
  6.3   license must be present at all commercial fishing operations 
  6.4   including going to and from fishing locations, or in setting or 
  6.5   lifting nets, or removing fish from nets, must have a helper's 
  6.6   license, unless the person is the holder of a master's license.  
  6.7   A person possessing an angling license may assist the holder of 
  6.8   a master's or apprentice license in going to and from fishing 
  6.9   locations, setting or lifting nets, or removing fish from nets.  
  6.10     A helper's An apprentice license is transferable from one 
  6.11  helper to another by the holder of a master's license applying 
  6.12  to the commissioner.