A move by Congressman Chip Cravaack could eventually have implications for Rainy Lake and other area fishing guides.
Cravaack announced this week that he will introduce The Mille Lacs Lake Freedom to Fish Act. He said in a prepared statement that the legislation regards Minnesota’s state sovereignty, job creation, cutting federal red tape, and strengthening Minnesota’s outdoor fishing tradition.
Citing a 30-year-old analysis, the U.S. Coast Guard has assumed federal authority over certain activities on Mille Lacs Lake, according to Cravaack. The U.S. Coast Guard is now forcing all fishing guides to spend time and money to obtain a federal boating license to bring anglers onto Mille Lacs Lake. The license and associated costs put fishing guides on the hook for over $2,000.
“This new Coast Guard regulation, being funded at taxpayer expense, is taking a toll on the Mille Lacs Lake resort-based economy and is making fishing more expensive. I plan to introduce legislation next week that will remove this over-regulation and keep Mille Lacs Lake under Minnesota control,” said Cravaack. “I appreciate all the Coast Guard does, but the DNR (Department of Natural Resources) already patrols Mille Lacs Lake. The Coast Guard’s authority over the lake is an intrusion; it’s redundant, excessive, and duplicative.”
The Coast Guard has generally not enforced the six-pack license requirement on inland lakes in Minnesota and Wisconsin, but the requirement is enforced on Rainy Lake, Lake Superior and other bodies of water.
In March 2010, the U.S. Coast Guard ruled that Mille Lacs Lake was a federally navigable body of water, based on historical interstate commerce. The Coast Guard justified its decision by using a U.S. Army Corps of Engineers ruling, which maintains that because fur traders and lumberjacks utilized the lake and the Rum River in the 1700s and 1800s, the lake is deemed a federally navigable water body.
The Rum River is currently dammed at Anoka, and the last log floated on the lake was in 1904, according to Cravaack.
Cravaack spokesman Michael Bars told The Journal that the legislation will only involve Mille Lacs and the “six-pack license.” It will also impact the ability for the Coast Guard to board boats for inspections, he said.
“This is the start of the process,” according to Bars. “This is a bill with a narrow scope that can be passed — then we can examine other changes.”
Other lakes
Bars said Cravaack may seek submissions from anglers, fishing guides, and resort owners for exemptions. “For example: lakes on the northern border where the Coast Guard should have a presence,” he said.
A number of lakes and rivers in the 8th District have been declared federally navigable by the U.S. Coast Guard or U.S. Army Corps of Engineers, or both, said Bars.
“All of them, with the exception of Lake Mille Lacs, have had longstanding, and from our research, apparently legitimate navigability determinations — Mille Lacs was a recent, rather absurd justification based on fur trappers historical use of the lake,” said Bars. “For example, when I say legitimate I am referring to the fact that several lakes/rivers in our district form parts of an international or interstate borders. In these instances, we will likely need to use a slightly different legislative tact to accomplish similar ends with these bodies of water.”
While the bill works its way through the committee process, Bars said Cravaack intends to seek input from District 8 anglers and fishing guides on what specific problems they are encountering.
“We expect this process to be slow as we will be taking this on a case by case basis to avoid causing any unintended consequences,” said Bars. “At the mark-up, we intend to include other eligible MN-08 lakes/rivers in the bill using an Amendment in the Nature of a Substitute. This will probably result in a change in the bill’s title.”
George Nitti, owner of Nitti’s Hunters Point Resort on Mille Lacs Lake, said that the bottom line in Cravaack’s bill is the cost the federal government is imposing on obtaining the Transportation Worker Identification Credential for maritime workers and the six-pack certification for captains.
“Less control from the federal government on Mille Lacs Lake is a good thing,” Nitti said. “By federalizing the licensing process, jobs are being taken away. Although I have a masters license, at my age I’m doubtful I could obtain the licensing due to the cost of the course work.”
Cravaack said the state has rules and inspection procedures in place to keep its residents safe and is perfectly capable of enforcing boating laws.
“Ultimately, Mille Lacs Lake belongs to Minnesotans and should not be controlled by federal government bureaucrats,” he said. “My legislation will stop fishing guides from being forced to spend over $2,000 to obtain a license they don’t need and end the Coast Guard’s intrusive overreach into Minnesota’s great fishing tradition.”
Previous efforts
A bill introduced by former U.S. Sen. Norm Coleman in 2008, the Small Marine Business and Fishing Guide Relief Act, would have exempted fishing guides, charter captains and other small boat operators from needing an additional Transportation Worker Identification Credential.
The bill died, but would have protected Minnesota’s fishing guides against additional costs and processes from excessive government regulations. Under the bill, the only small boat captains required to have a TWIC would be those required to submit a vessel security plan to the U.S. Coast Guard.
In 2010, U.S. Sen. Amy Klobuchar questioned Vice Admiral Robert J. Papp Jr., the president’s nominee to be U.S. Coast Guard commandant, about the problems small tour boat operators and fishing guides have been experiencing with current Coast Guard licensing regulations.
Papp assured Klobuchar that he would work toward a sensible solution that would not unduly burden recreational boaters. Klobuchar highlighted the importance of fishing and tourism to Minnesota’s economy and culture during the Senate Commerce Committee hearing.
