Essentially, the recent rule change for AIS restricts the harvest of bait from waters infested with AIS. However, you can harvest bait from waters infested solely with Eurasian Water Milfoil only. Furthermore, this change made it entirely illegal to catch bait and use it on the same body of water if its an infested water. For instance, you can no longer go to the Mississippi River and catch a freshwater drum, cut it up, and use it for bait since the Mississippi is technically infested with zebes. The rule change was to protect the potential transport of AIS from one body of water to the next but in turn, it overshot the target and now entirely restricts the harvest of bait despite zero transport. Herein lies the problem – anglers are allowed to catch and release fish from infested waters (i.e. throwing back a small walleye) and lawfully harvest fish as long as length/limits are followed. However, anglers are NOT allowed to catch, hook, and cast out legal baitfish form infested waters. If harvesting “underutilized” fish from an infested body of water and subsequently using them on the same body of water is considered a threat to the spreading of AIS, then we need be equally restrictive on the release of “utilized” species. How can catching and releasing a walleye be any less of a threat than catching, hooking, and casting out a redhorse from the same body of water? The answer is – there isn’t a difference.
I applaud the efforts made by the by all the folks involved in the recent rule changes over the past several years. Very few people actually read between the legal lines to truly understand the letter of the law and how one small sentence in a rule can overwhelmingly ruin fishing opportunities for enthusiasts like ourselves (i.e. catfisherman). The proposed rule change that BK provided is below. I got rid of all the line notation to make it somewhat “easier” to understand. The bold is the proposed change.
I agree that the proposed change is for the better, however, playing devils advocate I do have one gripe. As the proposed rule reads, bait harvested from infested waters will be restricted to hook and line (no netting or traps). It is already illegal to transport aquatic plants and water from one place to the next, and to be completely honest there is just as much threat to the transport of AIS by fishing line/lures as there is with minnow traps (IMO). Additionally, I don’t see why bait harvest in infested waters has to be restricted to five species/types of fish when the law itself already prohibits transporting bait away from the water body. In my opinion, it seems more logical (and easier to enforce) if the proposed change referenced what has already been defined as legal bait (minnows, bullhead size, ect) rather than saying “bullheads, goldeyes, mooneyes, freshwater drum, and suckers” and “any other use of wild animals used for bait from infested waters is prohibited.” According to the proposed rule change, it will still be illegal to use gizzard shad, fatheads, emerald shiners, etc harvested from infested waters.
Subd. 3. Bait harvest from infested waters.
(a) Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) and section 97C.341.
(b) In waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
(2) bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length; and
(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait from streams or rivers designated as infested waters, by hook and line for noncommercial personal use. Other provisions that apply to this clause are:
(i) fish taken under this clause must be used on the same body of water where caught and while still on that water body;
(ii) fish taken under this clause may not be transported live from or off the water body;
(iii) fish harvested under this clause may only be used in accordance with this section. Any other use of wild animals used for bait from infested waters is prohibited;
(iv) fish taken under this clause must meet all other size restrictions and requirements as established in rules; and
(v) all species listed under this clause shall be included in the person’s daily limit as established in rules, if applicable.