2002 Minnesota Statutes

     97C.081 Fishing contests. 

    Subdivision 1.    Restrictions.  A person may not 
 conduct a fishing contest on waters except as provided in this 
 section. 

    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 30 participants 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; or 

    (3) all the contest participants are age 18 years or under. 

    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.  
 Permits shall be issued without a fee. 

    (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.  

    Subd. 4.    Restrictions.  The commissioner may by rule 
 establish restrictions on fishing contests to protect fish and 
 fish habitat and for the safety of contest participants. 

    Subd. 5.    Ice fishing contest in conjunction with 
 raffle.  An organization that is permitted under this section 
 and licensed by the lawful gambling control board to conduct 
 raffles may conduct a raffle in conjunction with an ice fishing 
 contest.  The organization may sell a combined ticket for a 
 single price for the ice fishing contest and raffle, provided 
 that the combined ticket states in at least eight-point type the 
 amount of the price that applies to the ice fishing contest and 
 the amount that applies to the raffle.  All other provisions of 
 sections 349.11 to 349.23 apply to the raffle. 

    Subd. 6.    Permit application process.  (a) Beginning 
 September 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 September 1 through the last Friday in October 
 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. 

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

    Subd. 7.    Weekend limitations.  (a) On all waters 
 55,000 acres or less, the commissioner may ensure that each of 
 the state's waters has at least two weekends per month with no 
 permitted fishing contests. 

    (b) Unless otherwise authorized by the commissioner, 
 permitted fishing contests that are conducted for more than one 
 day may not include more than one weekend day from Memorial Day 
 weekend through Labor Day weekend. 

    (c) The commissioner may not approve permits for fishing 
 contests on a weekend with a fishing season opener if the 
 contest targets a species for which the season is opening. 

    Subd. 8.    Limits on number of fishing contests.  (a) 
 The number of permitted fishing contests allowed each month on a 
 water body shall not exceed the following limits: 

                Maximum number   Maximum number   Maximum number
                 of permitted       of large       of permitted
                   fishing         permitted         fishing
                   contests         fishing          contest
                                    contests           days

 Size/acres
 less than
 2,000                2                0                4
 2,000-4,999          3                1                6
 5,000-14,999         4                2                8
 15,000-55,000        5                3               10
 more than
 55,000            no limit         no limit         no limit

    (b) For boundary waters, the limits on the number of 
 permitted fishing contests shall be determined based on the 
 Minnesota acreage. 

    Subd. 8a.    Additional fishing contest permits.  
 Notwithstanding the limits in subdivision 8, the commissioner 
 may allow up to five additional permits each year for fishing 
 contests on bodies of water that are 5,000 acres or more in 
 size.  No more than one additional contest may be permitted on 
 one body of water in a single year.  For additional fishing 
 contests permitted under this subdivision, the fishing contest 
 permit applicant must demonstrate to the commissioner that the 
 contest will: 

    (1) provide economic benefits to the local area; 

    (2) promote public awareness of fishing and the state's 
 resources; and 

    (3) conform to best management practices for the lake. 

    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 loss of fish, the commissioner may 
 require restrictions for off-site weigh-ins on a fishing contest 
 permit or may deny permits requesting an off-site weigh-in. 

    (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. 

    Subd. 10.    Definitions.  For purposes of this section, 
 the following terms have the meanings given: 

    (a) "Permitted fishing contest" means an open water fishing 
 contest or ice fishing contest that requires a permit from the 
 commissioner under subdivision 3. 

    (b) "Large permitted fishing contest" means an open water 
 fishing contest with more than 50 boats or more than 100 
 participants that requires a permit from the commissioner under 
 subdivision 3. 

    (c) "Participant" means a person who is taking part in a 
 fishing contest. 

    (d) "Permitted fishing contest day" means a day on a water 
 body where a permitted fishing contest is held.  Two permitted 
 fishing contests that are held on the same water body on the 
 same day count as two permitted fishing contest days. 

    (e) "Off-site weigh-in" means a weigh-in of fish from a 
 fishing contest at a location that is not adjacent to the waters 
 listed on the fishing contest permit. 

    (f) "Prefishing" means fishing by participants of a 
 permitted fishing contest prior to the scheduled dates of the 
 contest on waters listed on the fishing contest permit. 

    HIST: 1986 c 386 art 3 s 17; 1991 c 259 s 23; 1993 c 231 s 
 49-51; 1993 c 269 s 25; 1Sp1995 c 1 s 33; 2000 c 473 s 13-19; 
 2002 c 351 s 22