HF 3349

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; modifying provisions for 
  1.3             designating experimental waters; modifying provisions 
  1.4             for fishing contests; amending Minnesota Statutes 
  1.5             1998, sections 97C.001, subdivision 1; and 97C.081, 
  1.6             subdivisions 2, 3, and by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 97C.001, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DEFINITION; DESIGNATION.] (a) Experimental 
  1.11  waters are lakes and streams where special regulations are used 
  1.12  and evaluated to meet a specific fisheries objective. 
  1.13     (b) The commissioner may designate any waters of the state 
  1.14  having free access to the public as experimental waters.  The 
  1.15  designated experimental waters may not exceed 100 200 lakes and 
  1.16  25 50 streams at one time.  For all experimental waters, the 
  1.17  commissioner shall develop an evaluation plan and specify a 
  1.18  termination date.  On the termination date, the commissioner 
  1.19  shall vacate or extend the experimental waters designation, or 
  1.20  designate the experimental waters as special management waters 
  1.21  under section 97C.005.  The commissioner shall by rule establish 
  1.22  methods and criteria for public initiation of experimental 
  1.23  waters designation and for public participation in the 
  1.24  evaluation of the waters designated. 
  1.25     (c) Designation of experimental waters under this section 
  1.26  is not subject to chapter 14. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 97C.081, 
  2.2   subdivision 2, is amended to read: 
  2.3      Subd. 2.  [CONTESTS WITHOUT A PERMIT.] A person may conduct 
  2.4   a fishing contest with entry fees of $10, or less, per person 
  2.5   and total prizes valued at $2,000, or less, without a permit 
  2.6   from the commissioner. provided: 
  2.7      (1) the following criteria are met: 
  2.8      (i) there are 30 participants or less for open water 
  2.9   contests and 150 participants or less for ice fishing contests; 
  2.10     (ii) the entry fee is $25 per person or less; 
  2.11     (iii) the total prize value is $25,000 or less; and 
  2.12     (iv) the contest is not limited to trout species only; or 
  2.13     (2) the following criteria are met: 
  2.14     (i) the contest is not limited to specifically named 
  2.15  waters; and 
  2.16     (ii) the contest is not limited to trout species only. 
  2.17     Sec. 3.  Minnesota Statutes 1998, section 97C.081, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [CONTESTS AUTHORIZED BY COMMISSIONER REQUIRING A 
  2.20  PERMIT.] The commissioner may, by rule or permit, allow fishing 
  2.21  contests with entry fees over $10 per person or total prizes 
  2.22  valued at more than $2,000.  (a) A person must have a permit 
  2.23  from the commissioner to conduct a fishing contest that does not 
  2.24  meet the criteria in subdivision 2.  Permits shall be issued 
  2.25  without a fee. 
  2.26     (b) If entry fees are over $25 per person, or total prizes 
  2.27  are valued at more than $25,000, and if the applicant has either:
  2.28     (1) not previously conducted a fishing contest requiring a 
  2.29  permit under this subdivision; or 
  2.30     (2) ever failed to make required prize awards in a fishing 
  2.31  contest conducted by the applicant, the commissioner may require 
  2.32  the applicant to furnish the commissioner evidence of financial 
  2.33  responsibility in the form of a surety bond or bank letter of 
  2.34  credit in the amount of $25,000.  Permits must be issued without 
  2.35  a fee and if the commissioner does not deny the permit within 14 
  2.36  days, excluding holidays, after receipt of an application, the 
  3.1   permit is granted. 
  3.2      Sec. 4.  Minnesota Statutes 1998, section 97C.081, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 6.  [PERMIT APPLICATION PROCESS.] (a) Beginning 
  3.5   September 1 each year, the commissioner shall accept permit 
  3.6   applications for fishing contests to be held in the following 
  3.7   year. 
  3.8      (b) If the number of permit applications received by the 
  3.9   commissioner from September 1 through the last Friday in October 
  3.10  exceeds the limits specified in subdivisions 7 and 8, the 
  3.11  commissioner shall notify the affected applicants that their 
  3.12  requested locations and time period are subject to a drawing.  
  3.13  After notification, the commissioner shall allow the affected 
  3.14  applicants a minimum of seven days to change the location or 
  3.15  time period requested on their applications, provided that the 
  3.16  change is not to a location or time period for which 
  3.17  applications are already at or above the limits specified in 
  3.18  subdivisions 7 and 8. 
  3.19     (c) After the applicants have been given at least seven 
  3.20  days to change their applications, the commissioner shall 
  3.21  conduct a drawing for all locations and time periods for which 
  3.22  applications exceed limits.  First preference in the drawings 
  3.23  shall be given to applicants for established or traditional 
  3.24  fishing contests, and the second preference to applicants for 
  3.25  contests that are not established as traditional fishing 
  3.26  contests, based on the number of times they have been 
  3.27  unsuccessful in previous drawings.  An applicant who is 
  3.28  successful in a drawing loses all accumulated preference. 
  3.29     (d) The commissioner has until December 7 to approve or 
  3.30  deny permit applications that are submitted by 4:30 p.m. on the 
  3.31  last Friday in October.  The commissioner may approve a permit 
  3.32  application within 28 days that is received after 4:30 p.m. on 
  3.33  the last Friday in October if approving the application would 
  3.34  not result in exceeding the limits in subdivisions 7 and 8. 
  3.35     Sec. 5.  Minnesota Statutes 1998, section 97C.081, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 7.  [WEEKEND LIMITATIONS.] (a) On all waters 55,000 
  4.2   acres or less, the commissioner may ensure that each of the 
  4.3   state's waters has at least two weekends per month with no 
  4.4   permitted fishing contests. 
  4.5      (b) Unless otherwise authorized by the commissioner, 
  4.6   permitted fishing contests that are conducted for more than one 
  4.7   day may not include more than one weekend day from Memorial Day 
  4.8   weekend through Labor Day weekend. 
  4.9      (c) The commissioner may not approve permits for fishing 
  4.10  contests on a weekend with a fishing season opener if the 
  4.11  contest targets a species for which the season is opening. 
  4.12     Sec. 6.  Minnesota Statutes 1998, section 97C.081, is 
  4.13  amended by adding a subdivision to read: 
  4.14     Subd. 8.  [LIMITS ON NUMBER OF FISHING CONTESTS.] (a) The 
  4.15  number of permitted fishing contests allowed each month on a 
  4.16  water body shall not exceed the following limits: 
  4.17                 Maximum number   Maximum number   Maximum number
  4.18                  of permitted       of large       of permitted
  4.19                    fishing         permitted         fishing
  4.20                    contests         fishing          contest
  4.21                                     contests           days
  4.23  Size/acres
  4.24  less than
  4.25  2,000                2                0                4
  4.26  2,000-4,999          3                1                6
  4.27  5,000-14,999         4                2                8
  4.28  15,000-55,000        5                3               10
  4.29  more than
  4.30  55,000            no limit         no limit         no limit
  4.31     (b) For boundary waters, the limits on the number of 
  4.32  permitted fishing contests shall be determined based on the 
  4.33  Minnesota acreage. 
  4.34     Sec. 7.  Minnesota Statutes 1998, section 97C.081, is 
  4.35  amended by adding a subdivision to read: 
  4.36     Subd. 9.  [PERMIT RESTRICTIONS.] (a) The commissioner may 
  5.1   require fishing contest permittees to limit prefishing to week 
  5.2   days only as a condition of a fishing contest permit.  The 
  5.3   commissioner may require proof from permittees that prefishing 
  5.4   restrictions on the permit are communicated to fishing contest 
  5.5   participants and enforced. 
  5.6      (b) The commissioner may require permit restrictions on the 
  5.7   hours that a permitted fishing contest is conducted, including, 
  5.8   but not limited to, starting and ending times. 
  5.9      (c) The commissioner may require permit restrictions on the 
  5.10  number of parking spaces that may be used on a state-owned 
  5.11  public water access site.  The commissioner may require proof 
  5.12  from permittees that parking restrictions on the permit are 
  5.13  communicated to fishing contest participants and enforced. 
  5.14     (d) To prevent undue loss of fish, the commissioner may 
  5.15  require restrictions for off-site weigh-ins on a fishing contest 
  5.16  permit or may deny permits requesting an off-site weigh-in. 
  5.17     (e) A person may not transfer a fishing contest permit to 
  5.18  another person. 
  5.19     (f) Failure to comply with fishing contest permit 
  5.20  restrictions may be considered grounds for denial of future 
  5.21  permit applications. 
  5.22     Sec. 8.  Minnesota Statutes 1998, section 97C.081, is 
  5.23  amended by adding a subdivision to read: 
  5.24     Subd. 10.  [DEFINITIONS.] For purposes of this section, the 
  5.25  following terms have the meanings given: 
  5.26     (a) "Permitted fishing contest" means an open water fishing 
  5.27  contest or ice fishing contest that requires a permit from the 
  5.28  commissioner under subdivision 3. 
  5.29     (b) "Large permitted fishing contest" means an open water 
  5.30  fishing contest with more than 50 boats or more than 100 
  5.31  participants that requires a permit from the commissioner under 
  5.32  subdivision 3. 
  5.33     (c) "Permitted fishing contest day" means a day on a water 
  5.34  body where a permitted fishing contest is held.  Two permitted 
  5.35  fishing contests that are held on the same water body on the 
  5.36  same day count as two permitted fishing contest days. 
  6.1      (d) "Off-site weigh-in" means a weigh-in of fish from a 
  6.2   fishing contest at a location that is not adjacent to the waters 
  6.3   listed on the fishing contest permit. 
  6.4      (e) "Prefishing" means fishing by participants of a 
  6.5   permitted fishing contest prior to the scheduled dates of the 
  6.6   contest on waters listed on the fishing contest permit.