Status of Allowing Larger Bullheads as Bait
4/1/09 4:02 PM
Brian-thanks for making the time to personally touch base last week, as well as for your letter regarding the status of changing the rules so that larger bullheads can be used as bait. We appreciate your group’s willingness to work with us on this rule and for your patience through what has turned out to be a long process. You mentioned that some members of your group are concerned that the DNR will not follow through with promulgating this rule. I want to assure you and your members that we have every intention of completing the rule and would expect to have it in place for next year.
As you indicated in your letter, we had hoped to have the rule completed within a two-year time frame, but there were several issues that came up that have delayed implementation. With all the other issues facing state government, it took additional time to gain approval to proceed from within our agency and from the Governor’s office.
We then determined that there were some changes to state statute that needed to be made. We initiated discussion on those changes as we started the 2006 legislative session with a request to change the minnow definition to include larger bullheads. As we worked through the process, it was determined that changing this definition would complicate too many commercial minnow issues. We did determine that bullheads of the non-minnow size would be classified as rough fish and not game fish, so we felt the prohibition on bait listed in 97C.341 was not applicable. We still needed to ensure that the transportation law (97C.205) would allow the live transportation of the larger bullheads, since they were not being classified as minnows. We did this by clarifying that the commissioner had rule making authority to allow and regulate the transportation of live fish from the water body in which the bullheads were harvested. We appreciate your assistance in having these changes approved.
The rule in which the bullhead changes are incorporated also include proposed changes to tournament rules. Working through some of these issues has taken some additional time.
We are currently finalizing the “Statement of Need and Reasonableness,” and, as referenced earlier, would intend to have the rules in place next season. As we discussed last week, I understand your frustrations with the length of the process and appreciate your continuing to work with us.
Please call if you have further questions or concerns. Linda will keep you appraised of the various process steps.
Ron
Ronald D. Payer, Chief
Fisheries Management Section
MN DNR
500 Lafayette Road
St. Paul, MN 55155-4012
Phone: (651) 259-5229
Fax: (651) 297-4916
