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Board moves to repeal antiquated rule that restricted carrying firearms while fishing

2889908 · January 23, 2025
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Summary

The Natural Resources Board approved repeal of NR 20.05(2) via FH 20-24 after staff said the provision conflicted with state law and had been suspended by JCRAR; the department said the provision had not been enforced and the rulemaking clears the code.

The Natural Resources Board voted to adopt FH 20-24, a department proposal to repeal NR 20.05(2), the portion of code that prohibited possessing a firearm while fishing under an older administrative provision.

Kari Lee Zimmerman, policy and regulation specialist in the Bureau of Fisheries, told the board that the provision had been in the code for many years but department review found it now conflicted with state law. Zimmerman said the Legislature’s Joint Committee for Review of Administrative Rules (JCRAR) previously suspended the provision, and the department has not enforced it while pursuing permanent rulemaking to repeal the section. Zimmerman said fish take and harvest remain regulated by NR 20.05(1), which generally prohibits taking fish by means other than hook and line except as specifically authorized.

No members of the public spoke on the item. After a brief board exchange and a motion from Robin Schmidt (seconded by Rachel Barresa), members approved the repeal by voice vote; the chair announced the motion carried.

Department staff said the repeal is intended to clean up the administrative code so it conforms with current law and enforcement practices.