Blogger Comments On Minnesota Bait Laws

The People's Minnesota Regulatory Review, Bear Hunting Magazine
09/06/2007

If DNR regulations fail to distinguish between private property and public property doesn't that reduce private property to public property? Does the DNR avoid this distinction by design to increase its descretionary power over activities on private land? And, in turn, is this all about the myth of "leveling the playing field"?

Joe Socrates is a new bear hunter who owns private property in the MN arrowhead region. He wants to make sure that he is compliant with the DNR regulations so he asks for clarifications of the regulations, confident that the DNR believes in the rule of law, not man. Of course the rule of law requires laws and regulations that are clear and distinguished -- regulations that recognize logically and contingently possible distinctions like that between private and public property. But these kinds of distinctions tend to eliminate a great deal of DNR discretion. Maybe one day we'll get there.

Joe:
I want to set up a bear hunting station on my private land. I have lights I've wired up near my bait station so I can gut the bear in tbe dark in case I down it late in the day, and since it's my private land I've got barrels at the station storing my bait. I figure if its legal to have bait barrels anywhere I want on my private land to store bait, it should be okay to have them at the station even though they are not biodegradable. Obviously I am not creating a dump on public land. What would be the point of prohibiting them at my bait station if I can have them anywhere else on my private land?

DNR Dave:
Well, the lights sound okay, as long as you don't use them to shine or view any game after dark. After dark, for gutting game, they're no different from flashlights in their function. But I don't like the barrels. The regulation prohibiting non-biodegradable containers at bait stations doesn't distinguish between public and private land.

Joe:
Hm. Well, maybe it should. My lights are not biodegrable.

To read more, click on the link below:

The People's Minnesota DNR Regulatory Review



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