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SF 1131

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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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
2, 3, 8, by adding a subdivision; repealing Minnesota Statutes 2006, section
97C.835, subdivision 4.

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

Section 1.

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


Subd. 2.

Types of fish permitted.

deleted text begin Lake trout,deleted text end 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. 2.

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. 3.

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. 4.

Minnesota Statutes 2006, section 97C.835, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Lake whitefish. new text end

new text begin Lake whitefish may not be taken by gill net except by
permit in accordance with subdivision 8. Lake whitefish incidentally taken in accordance
with commercial operations under subdivision 5 may be possessed without a permit.
new text end

Sec. 5. 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 4 and 6. 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

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 97C.835, subdivision 4, new text end new text begin is repealed.
new text end