Minn. R. agency 158, ch. 6260, COMMERCIAL FISHING ON LAKE SUPERIOR, pt. 6260.1800
The species of fish in this subpart may be taken in Lake Superior by licensed commercial operators according to this subpart.
While used on Lake Superior, a tag which is not smaller than 2-1/2 inches by five-eighths inch permanently bearing the owner's name and address must be attached to one end of the gill net float line near the first float.
While used on Lake Superior, cisco nets are considered gill nets which are weighted to fish in a floating or suspended position off the bottom, and chub nets are gill nets which are weighted to fish on the bottom.
Hoops and center leads of pound nets used on Lake Superior may be of any length and diameter. A trap net may not exceed six feet in height and a hoop may not exceed six feet in diameter. The webbing for pound or trap nets, including leads, may not exceed 2-1/2 inch stretch measure, or be of twine size less than 9 gauge or 70 pound strength. Pound or trap nets may not be set within one-quarter mile of the mouth of any stream unless approved by the commissioner. Pound or trap nets may not be set in harbors from May 25 through March 31, except for St. Louis Bay downstream (east) of the U.S. Highway 53 bridge, unless approved by the commissioner. Commercial operators must notify the Lake Superior Fisheries Office within 48 hours if they are unable to lift and empty pound or trap nets at least once every 48 hours. All net stakes, lines, and anchors must be removed from the lake bed within ten days of removing pound and trap nets. Commercial operators must notify the Lake Superior Fisheries Office prior to setting pound or trap nets and at the beginning of each week that pound or trap nets are used. The commissioner may deny the use of pound or trap nets during periods when such use would conflict with fisheries management activities. Pound or trap nets must be marked with a tag which is at least 2-1/2 inches by five-eighths inch permanently bearing the owner's name and address and attached to the top rope of the back side of the pound or crib. Trap nets set with anchors must have attached to the end farthest from shore one fluorescent orange or fluorescent red marker buoy constructed so that a minimum of 18 inches of buoy surface is visible above water in the absence of current or under the weight of nets and line. The number of the owner's Lake Superior commercial fishing license must be plainly marked, in black, on the marker buoy. The marker buoy must be marked with a fluorescent orange or fluorescent red flag, at least one foot square, attached to the top of a flagstaff at least five feet long, and the buoy constructed so that the flagstaff is supported in a vertical position. Each flagstaff must display one linear foot of reflective surface material immediately below the flag. All buoys and floats used in pound or trap net sets must be constructed of styrofoam, plastic, rubber, or other materials nonhazardous to navigation.
Gill nets, when set in Lake Superior, must be attached at each end to fluorescent orange or fluorescent red marker buoys constructed such that a minimum of 18 inches of buoy surface is visible above water in the absence of current or under the weight of nets and lines. The number of the owner's Lake Superior commercial fishing license must be plainly marked, in black, on each end marker buoy. Each end marker buoy must be marked with a fluorescent orange or fluorescent red flag, at least one foot square, attached to the top of a flagstaff at least five feet long, and the buoy must be constructed so that the flagstaff is supported in a vertical position. Each flagstaff must display one linear foot of reflective surface material immediately below the flag. In addition, the marker buoy attached to the shoreward (or westerly) end of each set must have a one foot square white flag positioned immediately below the fluorescent orange or fluorescent red flag. No other staffs or flags employed in gill net sets may be marked with fluorescent orange or fluorescent red flags. Float or trip buoys used to support suspended nets for fishing cisco must be of vinyl or PVC material measuring a minimum of 15 inches in diameter of fluorescent red or orange color. All buoys and floats used in gill net sets must be constructed of styrofoam, plastic, rubber, or other materials nonhazardous to navigation.
Gill nets may not be set within one-quarter mile of the shore in the area extending from the Superior entrance to Pigeon River, except under permit issued by the commissioner. From June 1 through Labor Day, gill nets not under permit must be at least one-half mile from the entrance of marinas or public accesses. Gill nets set on the bottom may not be in water shallower than 50 fathoms if closer than one mile from the Minnesota shore and 40 fathoms if farther than one mile from the Minnesota shore except under permit.
Commercial fishing operators must submit a record of their commercial fishing operations for each month of the calendar year on forms provided by the commissioner. These reports must be submitted to the address identified on the form so that they are received within ten days after the end of the month for which the report is made. Reports must be made regardless of whether fish are taken and regardless of whether any fishing operations have taken place. Separate records must be kept for each pound or trap net used in Lake Superior and St. Louis Bay. Reports for pound or trap nets must include the number of game fish kept and released, and must be submitted to the Lake Superior Office by the tenth day of each month for the preceding month, whether or not pound or trap nets were fished. Special permits may require more detailed reporting as described in subpart 8 or as a condition of the permit.
Harvest reports from the previous year must be received before any new permits are issued the next year. Noncompliance of reporting may result in revocation or denial of permits.
Minn. R. agency 158, ch. 6260, COMMERCIAL FISHING ON LAKE SUPERIOR, pt. 6260.1800
Statutory Authority: MS s 14.388; 97A.045; 97A.418; 97C.041; 97C.345; 97C.811; 97C.821; 97C.835; 97C.836