New DNR rule on fish

[Lee Borgersen]

2/25/2011 6:07:00 PM
 
   
New DNR rule on fish carcasses left on back burner

by Nick Wognum.....Ely Echo

A proposed new DNR rule may be heading toward enactment, even though public notice of the change was "left on the back burner."

The rule requires anglers on certain lakes to keep the fish carcass in their possession when having a shore lunch.

"It is very vague as to how long you'd have to keep them," area guide Sue Rosenwinkel points out. "Obviously you can't keep fish guts on a campsite to attract bears and pose a health hazard, and you sure don't want to have to portage them out."

A public comment period on the rule change was set to end on Feb. 24, even though the DNR didn't send out a news release until Feb. 18.

"There was a glitch in getting the news release out. It was supposed to go out the same time CWD (chronic wasting disease) hit so it got put on the back burner," said Linda Erickson-Eastwood of the DNR.

Late Thursday, Erickson-Eastwood e-mailed the Ely Echo that comments will be accepted past the deadline.

"I just received feedback from the Administrative Hearings Liaison and she agreed that I can still accept comments. However, the official request period for a hearing does not extend. It did officially end as of 4:30 p.m. today. The comments that come in will be included in the record to the judge and will be considered in our final decisions regarding this rule.

"I would like to inform you that I will continue to accept comments up to March 3 at 4:30 p.m. to allow the Ely Echo readership opportunity to submit comments. Based on the emails I have received so far, I see that many people have the wrong idea of what the fish carcass rule will do. I would like to clarify by providing you the following:

"This rule only applies for when on the ice and when on a boat. It does not apply to shore lunches, when in a cabin on the shore, or when you are standing on shore.

"The rule would only apply to those species that have the special length regulations which are listed in the special and experimental section of the regulations booklet.

"For example: Basswood Lake (Lake Co.) would be only for northern pike. Once off the water body, a person no longer has to have the carcass. Remember, it is only legal to fillet fish while on the special and experimental water body if you are in the preparation of a meal.

Otherwise, the law still applies that you must keep the fish undressed until off that water body. Currently, the carcass law has been in place on Red Lake for a number of years and is working very well to ensure compliance with special length regulations. More information on the intent and reasons behind doing this change can be found in the Statement of Need and Reasonableness which is on the DNR web page http://www.dnr.state.mn.us/input/rules/fisheries/index.html.

Rosenwinkel called the rule "absurd" and said the comment period should be extended.

"A carcass with the fillets removed is not going to measure the same as an intact fish, laid on its side for measuring, as required in the regulations. Especially if it has been sitting around in the heat for a while," said Rosenwinkel.

The new rule would apply to lakes that differ from statewide regulations, including experimental waters, special management waters, boundary waters, or any other waters with size restrictions.

"The comment period should be extended; that is not valid public notification," said Rosenwinkel. "The agency shows such casual disregard for our rights that it borders on contempt."