SF 3319

as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2018 09:21am

A bill for an act
relating to game and fish; prohibiting new muskellunge waters; authorizing counties
to limit fish stocking within their jurisdiction; providing for taking muskellunge
in nonmuskellunge waters; imposing moratorium on stocking muskellunge in Otter
Tail County; requiring rulemaking; requiring a report; appropriating money;
amending Minnesota Statutes 2016, section 97C.371, subdivisions 1, 2, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 97C.

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

Section 1.

new text begin [97C.008] NEW MUSKELLUNGE WATERS PROHIBITED.
new text end

new text begin Until August 1, 2022, the commissioner must not introduce muskellunge to additional
waters or stock muskellunge in waters not previously stocked with muskellunge. Any savings
realized as a result must be used for walleye stocking.
new text end

Sec. 2.

new text begin [97C.202] COUNTY STOCKING RESOLUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Resolution. new text end

new text begin A county board may by resolution request the commissioner
to do any of the following with respect to some or all waters located wholly within the
county:
new text end

new text begin (1) stock waters with only particular species of fish;
new text end

new text begin (2) limit stocking of particular fish species to a given amount or percentage of total
stocking; and
new text end

new text begin (3) refrain from stocking waters with any fish.
new text end

new text begin Subd. 2. new text end

new text begin Compliance. new text end

new text begin Upon receiving from a county a resolution adopted under
subdivision 1, the commissioner must comply with the requests set forth in the resolution.
Nothing in this section shall be construed to require the commissioner to stock fish in waters
or in amounts greater than the commissioner would have otherwise.
new text end

Sec. 3.

Minnesota Statutes 2016, section 97C.371, subdivision 1, is amended to read:

Subdivision 1.

Species allowed.

Only rough fish, catfish, lake whitefish, new text begin muskellunge
on nonmuskellunge waters, new text end and northern pike may be taken by spearing.

Sec. 4.

Minnesota Statutes 2016, section 97C.371, subdivision 2, is amended to read:

Subd. 2.

Dark houses required for certain species.

Catfish, lake whitefish, new text begin muskellunge
on nonmuskellunge waters, new text end and northern pike may be speared only from dark houses.

Sec. 5.

Minnesota Statutes 2016, section 97C.371, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Definition; nonmuskellunge waters. new text end

new text begin For the purpose of this section,
"nonmuskellunge waters" means waters where muskellunge are not indigenous or stocked
by the commissioner.
new text end

Sec. 6. new text begin MUSKELLUNGE MINIMUM SIZE LIMIT; NONMUSKELLUNGE
WATERS; RULEMAKING.
new text end

new text begin By July 1, 2018, the commissioner of natural resources must amend Minnesota Rules,
part 6262.0200, to provide that the minimum size limit for muskellunge, including
muskellunge-northern pike hybrids, is 20 inches in all nonmuskellunge waters, as defined
in Minnesota Statutes, section 97C.371, subdivision 6. The commissioner may use the good
cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to
adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except
as provided under Minnesota Statutes, section 14.388.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text begin MUSKELLUNGE STOCKING IN OTTER TAIL COUNTY;
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Moratorium. new text end

new text begin Until August 1, 2023, the commissioner of natural resources
must not stock muskellunge in waters wholly located in Otter Tail County.
new text end

new text begin Subd. 2. new text end

new text begin Stakeholder group. new text end

new text begin The commissioner of natural resources must convene a
stakeholder group to examine the effect of muskellunge on the environment, waters, and
native fish of Otter Tail County. The stakeholder group must examine existing scientific
research and must determine whether additional research is necessary. If the stakeholder
group determines that muskellunge do not pose a threat to the environment, waters, or native
fish of Otter Tail County, the stakeholder group may recommend that the legislature repeal
or adjust the moratorium imposed under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Study; appropriation. new text end

new text begin $50,000 in fiscal year 2019 is appropriated from the
game and fish fund to the Board of Regents of the University of Minnesota to study the
effect of muskellunge stocking on the environment, waters, and native fish of Otter Tail
County. The study must be conducted independently of the Department of Natural Resources.
The Board of Regents must report the results of the study to the chairs and ranking minority
members of the legislative committees with jurisdiction over environment and natural
resources finance no later than March 1, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 2 of this section are effective the day after
the Otter Tail County Board of Commissioners and its chief clerical officer timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end