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HomeMy WebLinkAbout8B Bow Fishing C � P�o4t�uto 4646 Dakota Street SE Prior Lake,MN 55372 ...2 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 26, 2015 AGENDA#: 8B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF A REPORT WITH RESPECT TO A POSSIBLE ORDINANCE AMENDMENT TO SECTION 804.400 OF THE PRIOR LAKE CITY CODE RELATING TO BOW FISHING DISCUSSION: Introduction The purpose of this agenda item is to determine if the city council believes it appropriate to amend the city code to authorize bow fishing without the need for a special hunt permit. History As the city has become more urbanized, the city council has sought to allow special hunts as long as they are effective in controlling target populations, used in conjunction with other animal control measures and are accomplished in a fashion that protects the public safety. The City has received several requests to allow bow fishing within the City. In fact bow fishing happens with some regularity each year. Bow fishing is allowed by state statute and regulated and licensed through the DNR. Current Circumstances We believe that the ordinance should be read to address bow fishing as fishing and not hunting therefore this section of the ordinance is not applicable. But since the ordinance can be read otherwise there is some question about where in the ordinance bow fishing is addressed. Conclusion The city council should determine if it wishes to clarify the ordinance with respect to bow fishing. ISSUES: The key issue is whether the city council believes that the ordinance should be amended to add a second exception which would address bow fishing. The Prior Lake Vision and Strategic Plan prioritizes water quality improvement in our lakes and streams. The city has supported the efforts of the Watershed in its multipart alum project. Rough fish are known to undermine such efforts. The DNR has recognized the desirability of removing rough fish as they may not be returned to the waterbody if caught. Therefore, encouraging bow fishing is consistent with city objectives. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com The DNR has established licensing procedures and rules which must be followed to protect individual and public safety while bow fishing. Bow fishing has been common each year in area lakes and streams. The need for these provisions is dependent upon whether the council believes that the ordinance needs clarification. Attached are the existing ordinance provisions. FINANCIAL No permit revenues have been received for this purpose so there will be no IMPACT: impact. ALTERNATIVES: 1. Motion and second to direct staff to prepare an ordinance amendment to clarify the status of bow fishing. 2. Motion and second directing the staff to provide additional information. RECOMMENDED As determined by the Council. MOTION: 2 O� p�O+P v 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. AN ORDINANCE AMENDING PART 8 OF THE PRIOR LAKE CITY CODE BY INSERTING SUBSECTION 804.402 RELATING TO BOW FISHING. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City Code Section 804.400 is hereby amended by inserting subsection 804.402 to read as follows: 804.402 Exception: bow fishing, as defined by Minn. Stat. 97A.015, is not subject to the prohibition of discharging a Dangerous Weapon within the corporate limits of the City; provided the required permits and licenses have been obtained pursuant to Minn. Stat Chap 97A and the Minnesota Department of Natural Resources, and all federal, state and local regulations are complied with. 2. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this Day of , 2015. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the day of , 2015.