Post by Joel on Dec 9, 2008 18:27:13 GMT -6
Rec'd from Vern
Attached is a draft of the proposed new fishing contest rules. The parts underlined are new language that is being added. In the coming months these rules should be published in the State Register, many contest holders will be notified of the proposed changes, a comment period will be held, then they would likely be implemented in 2009 for 2010. An administrative hearing could be requested with 25 signatures during the comment period.
6212.2400 PERMIT REQUIREMENTS FOR FISHING CONTESTS.
Subpart. 1. Permit Requirements. Issuance of permits for fishing contests is provided for by Minnesota Statutes, section 97C.081l Permits may also be required, as provided by Minnesota Statutes, section 86B.121, by the sheriff of the county in which the contest is held. Application to obtain a permit must be made a minimum of 14 days prior to the contest on forms provided by the commissioner. Application information includes name of contest, name and address of permittee, name of sponsor, name and location of contest waters, public accesses to be used, fish species included in the contest, weigh-in stations, fish handling and release procedures, disposition of harvested fish, estimated number of participants, contest dates and hours, entry fee, and prize values. Contest rules must be attached to the application. Completed applications must be submitted to the department regional office responsible for the management of the contest waters or the department’s Saint Paul office if the contest includes waters in more than one region.
Subp. 2. Permittee Requirements. The contest permittee must be an individual and a resident of this state. The permittee is responsible for conducting the contest and may not delegate responsibility to another party.
6212.2500 PERMIT CONDITIONS. Repeal
6212.2525 PERMITTED FISHING CONTESTS
Subpart. 1. Limitation on number of boats. Contest participation will be limited to not more than one boat for each ten acres of contest water.
Subp. 2. Equipment requirements for live release . The following boat live-well and fish-holding equipment requirements are mandatory for all live-release contests to minimize negative impacts to fish:
1. Must have a functional water pump or circulation system, and
2. Must be sufficiently sized to handle the anticipated number of fish allowed in the event.
Subp. 3. Contest denials. The commissioner shall not issue fishing contest permits for the following.
A. Tagging or marking fish for special contest rewards.
B. Contests being proposed on waters managed for trout, except Lake Superior.
B. Contests that promote or allow fizzing (the act of inserting a needle into the fish’s gas bladder).
C. Contests where boat take-off procedures result in unsafe boating.
D. Contests where use of live bait may cause increased mortality.
E. Contests on waters where the commissioner determines the activity may compromise the fish management or research data being collected.
F. Contests that the commissioner determines will have excessive negative impact to fish and fish habitat.
G. Contests on opening days, holidays, and other high use periods that the commissioner determines result in unacceptable safety risks.
Subp. 4. Fishing contest permit conditions.
A. Conditions may be specified in the permit for the following areas for the purposes provided in 97C.081, subd. 4.
1. Seasonal and daily restrictions;
2. Geographical restrictions;
3. Fish holding equipment;
4. Daily and possession limits;
5. Contest length, or
6. Treatments to prevent the spread of pathogens and invasive species.
B. The commissioner shall consider the following criteria when determining conditions to be included in the permit:
1. Whether the activity will advance knowledge, understanding, interpretation, or management of a fish species, fish community, or water body;
2. Impacts on other public uses, research efforts, educational events, or management activities;
3. Impacts to spawning fish or areas, rice beds, critical habitat, or to the fish community;
4. Whether the activity is detrimental or helps achieve management objectives for the specific water body;
5. Whether water temperature, water quality conditions, or pathogens would lead to undue mortality of released fish;
6. Whether contest activities during high use periods are anticipated to cause safety risks; and
7. Whether contest activities during high use periods are anticipated to cause user conflicts.
Subp. 5. Restrictions on off-site weigh-ins.
The Commissioner shall not issue fishing contest permits to conduct an off-site weigh-in if the contest organizer cannot prevent the spread of invasive species or pathogens to other waters from activities associated with the contest. The contest organizer shall obtain a permit to transport infested waters from the Division of Ecological Resources. The permit shall specify conditions that the contest organizer must meet to prevent the spread of invasive species or pathogens associated with conducting the contest.
Subp. 6. Restrictions on live release weigh-ins.
A. The Commissioner shall not issue fishing contest permits for live release weigh-in, except for immediate release (as defined in M.S. 97A.015, Subd.26C) as follows:
(1) When water temperature, water quality conditions, or pathogens may lead to undue mortality of released fish;
(2) For fishing contests involving muskellunge (Esox masquinongy), sturgeon (Acipenseridae family) or trout and salmon (Salmonidae family).
(3) For fishing contest involving walleye, sauger, and their hybrids (Sander genus within the Percidae family) from:
(a) Memorial Day to Labor Day for all inland and border waters located in and south of Traverse, Grant, Douglas, Todd, Morrison, Mille Lacs, Kanabec, and Pine counties, except Lake Mille Lacs.
(b) From June 14 to Labor Day for all other inland and border waters, including Lake Mille Lacs.
B. The Commissioner shall not issue fishing contest permits to release fish alive after an off-site weigh-in:
(1) When fish will be held more than 2-1/2 hours from the time they leave the contest waters until they are returned to contest waters;
(2) When 100 or more fish will be weighed-in for the contest;
(3) For fishing contests involving northern pike (Esox lucius), muskellunge (Esox masquinongy), sturgeon (Acipenseridae family) or trout and salmon (Salmonidae family); or
(4) For fishing contests involving bass (Micropterus genus within the Centrarchidae family) during July and August;
(5) The Commissioner may exempt fishing contests on the Canadian Border Waters from the requirements described in subitems (2) and (4) provided the contest was operating prior to January 1, 2008, and the contest is:
(a) held in consecutive years;
(b) not moved to new location or water body, or and
(c) not conducted with more than 65 participating boats or 130 participating anglers.
6212.2600 POSSESSION OF FISH.
For Text of Subps 1 – 2 see MR.
Subp. 3. Authority to hold and release fish. In contests where fish may be returned to the contest waters, the permittee may be authorized to hold healthy fish and release them immediately following weigh in. Suitable release sites may be specified in the permit for the purposes provided in 97C.081, subd. 4. The commissioner shall consider the following criteria to determine when a specific release location should be included in the fishing contest permit:
A. water or habitat quality at or near release sites would result in undue mortality of released fish;
B. barriers such as dams or channels that may limit natural fish movement or redistribution;
C. genetics of the contest fish and the fish population where they are being released;
D. preferred fish habitat, home range of the contest fish, or where the fish was caught is beyond what the fish species has been reported in the scientific literature to reasonably navigate;
E. release of the contest fish at another location would lead to localized depletion of fish stocks from contest waters where the contest fish were caught and removed; or
F. release of contest fish may result in the spread of diseases or invasive species.
Subp. 4 Gifting and donating fish
To prevent the waste of fish, the Commissioner may permit a tournament organizer to collect up to one limit of fish per contest participant for gifting to a non-profit organization as defined by Internal Revenue Service tax codes or charitable institution as listed on the Minnesota Attorney Generals Office. The organizer must submit a plan for collection and distribution at the time of application. Distribution of donated fish by the organizer or group receiving the donated fish must be at no cost. The organization receiving donated fish must comply with MR 6230.1500 Subpart 1 and MS 97A.510.
6212.2700 CONTEST OPERATION.
Subpart 1. Restriction on use of public accesses. No contest may preempt use of a boat ramp or parking spaces at public access to contest waters. Contests shall not use more than 50% of the parking spaces at state-owned sites unless authorized in the permit. The organizer must submit a parking plan at the time of application for approval. The plan must include provisions for utilizing the parking sites, off-site parking, and location of weigh-ins.
Attached is a draft of the proposed new fishing contest rules. The parts underlined are new language that is being added. In the coming months these rules should be published in the State Register, many contest holders will be notified of the proposed changes, a comment period will be held, then they would likely be implemented in 2009 for 2010. An administrative hearing could be requested with 25 signatures during the comment period.
6212.2400 PERMIT REQUIREMENTS FOR FISHING CONTESTS.
Subpart. 1. Permit Requirements. Issuance of permits for fishing contests is provided for by Minnesota Statutes, section 97C.081l Permits may also be required, as provided by Minnesota Statutes, section 86B.121, by the sheriff of the county in which the contest is held. Application to obtain a permit must be made a minimum of 14 days prior to the contest on forms provided by the commissioner. Application information includes name of contest, name and address of permittee, name of sponsor, name and location of contest waters, public accesses to be used, fish species included in the contest, weigh-in stations, fish handling and release procedures, disposition of harvested fish, estimated number of participants, contest dates and hours, entry fee, and prize values. Contest rules must be attached to the application. Completed applications must be submitted to the department regional office responsible for the management of the contest waters or the department’s Saint Paul office if the contest includes waters in more than one region.
Subp. 2. Permittee Requirements. The contest permittee must be an individual and a resident of this state. The permittee is responsible for conducting the contest and may not delegate responsibility to another party.
6212.2500 PERMIT CONDITIONS. Repeal
6212.2525 PERMITTED FISHING CONTESTS
Subpart. 1. Limitation on number of boats. Contest participation will be limited to not more than one boat for each ten acres of contest water.
Subp. 2. Equipment requirements for live release . The following boat live-well and fish-holding equipment requirements are mandatory for all live-release contests to minimize negative impacts to fish:
1. Must have a functional water pump or circulation system, and
2. Must be sufficiently sized to handle the anticipated number of fish allowed in the event.
Subp. 3. Contest denials. The commissioner shall not issue fishing contest permits for the following.
A. Tagging or marking fish for special contest rewards.
B. Contests being proposed on waters managed for trout, except Lake Superior.
B. Contests that promote or allow fizzing (the act of inserting a needle into the fish’s gas bladder).
C. Contests where boat take-off procedures result in unsafe boating.
D. Contests where use of live bait may cause increased mortality.
E. Contests on waters where the commissioner determines the activity may compromise the fish management or research data being collected.
F. Contests that the commissioner determines will have excessive negative impact to fish and fish habitat.
G. Contests on opening days, holidays, and other high use periods that the commissioner determines result in unacceptable safety risks.
Subp. 4. Fishing contest permit conditions.
A. Conditions may be specified in the permit for the following areas for the purposes provided in 97C.081, subd. 4.
1. Seasonal and daily restrictions;
2. Geographical restrictions;
3. Fish holding equipment;
4. Daily and possession limits;
5. Contest length, or
6. Treatments to prevent the spread of pathogens and invasive species.
B. The commissioner shall consider the following criteria when determining conditions to be included in the permit:
1. Whether the activity will advance knowledge, understanding, interpretation, or management of a fish species, fish community, or water body;
2. Impacts on other public uses, research efforts, educational events, or management activities;
3. Impacts to spawning fish or areas, rice beds, critical habitat, or to the fish community;
4. Whether the activity is detrimental or helps achieve management objectives for the specific water body;
5. Whether water temperature, water quality conditions, or pathogens would lead to undue mortality of released fish;
6. Whether contest activities during high use periods are anticipated to cause safety risks; and
7. Whether contest activities during high use periods are anticipated to cause user conflicts.
Subp. 5. Restrictions on off-site weigh-ins.
The Commissioner shall not issue fishing contest permits to conduct an off-site weigh-in if the contest organizer cannot prevent the spread of invasive species or pathogens to other waters from activities associated with the contest. The contest organizer shall obtain a permit to transport infested waters from the Division of Ecological Resources. The permit shall specify conditions that the contest organizer must meet to prevent the spread of invasive species or pathogens associated with conducting the contest.
Subp. 6. Restrictions on live release weigh-ins.
A. The Commissioner shall not issue fishing contest permits for live release weigh-in, except for immediate release (as defined in M.S. 97A.015, Subd.26C) as follows:
(1) When water temperature, water quality conditions, or pathogens may lead to undue mortality of released fish;
(2) For fishing contests involving muskellunge (Esox masquinongy), sturgeon (Acipenseridae family) or trout and salmon (Salmonidae family).
(3) For fishing contest involving walleye, sauger, and their hybrids (Sander genus within the Percidae family) from:
(a) Memorial Day to Labor Day for all inland and border waters located in and south of Traverse, Grant, Douglas, Todd, Morrison, Mille Lacs, Kanabec, and Pine counties, except Lake Mille Lacs.
(b) From June 14 to Labor Day for all other inland and border waters, including Lake Mille Lacs.
B. The Commissioner shall not issue fishing contest permits to release fish alive after an off-site weigh-in:
(1) When fish will be held more than 2-1/2 hours from the time they leave the contest waters until they are returned to contest waters;
(2) When 100 or more fish will be weighed-in for the contest;
(3) For fishing contests involving northern pike (Esox lucius), muskellunge (Esox masquinongy), sturgeon (Acipenseridae family) or trout and salmon (Salmonidae family); or
(4) For fishing contests involving bass (Micropterus genus within the Centrarchidae family) during July and August;
(5) The Commissioner may exempt fishing contests on the Canadian Border Waters from the requirements described in subitems (2) and (4) provided the contest was operating prior to January 1, 2008, and the contest is:
(a) held in consecutive years;
(b) not moved to new location or water body, or and
(c) not conducted with more than 65 participating boats or 130 participating anglers.
6212.2600 POSSESSION OF FISH.
For Text of Subps 1 – 2 see MR.
Subp. 3. Authority to hold and release fish. In contests where fish may be returned to the contest waters, the permittee may be authorized to hold healthy fish and release them immediately following weigh in. Suitable release sites may be specified in the permit for the purposes provided in 97C.081, subd. 4. The commissioner shall consider the following criteria to determine when a specific release location should be included in the fishing contest permit:
A. water or habitat quality at or near release sites would result in undue mortality of released fish;
B. barriers such as dams or channels that may limit natural fish movement or redistribution;
C. genetics of the contest fish and the fish population where they are being released;
D. preferred fish habitat, home range of the contest fish, or where the fish was caught is beyond what the fish species has been reported in the scientific literature to reasonably navigate;
E. release of the contest fish at another location would lead to localized depletion of fish stocks from contest waters where the contest fish were caught and removed; or
F. release of contest fish may result in the spread of diseases or invasive species.
Subp. 4 Gifting and donating fish
To prevent the waste of fish, the Commissioner may permit a tournament organizer to collect up to one limit of fish per contest participant for gifting to a non-profit organization as defined by Internal Revenue Service tax codes or charitable institution as listed on the Minnesota Attorney Generals Office. The organizer must submit a plan for collection and distribution at the time of application. Distribution of donated fish by the organizer or group receiving the donated fish must be at no cost. The organization receiving donated fish must comply with MR 6230.1500 Subpart 1 and MS 97A.510.
6212.2700 CONTEST OPERATION.
Subpart 1. Restriction on use of public accesses. No contest may preempt use of a boat ramp or parking spaces at public access to contest waters. Contests shall not use more than 50% of the parking spaces at state-owned sites unless authorized in the permit. The organizer must submit a parking plan at the time of application for approval. The plan must include provisions for utilizing the parking sites, off-site parking, and location of weigh-ins.