WHEREAS, the ordinances of the city allow a limited and controlled archery deer harvest in the city; and

     WHEREAS, the standards and rules for each hunt are determined by resolutions of the council.

     NOW, THEREFORE, BE IT RESOLVED, that city council resolution Nos. 05-0306 and 05-0434 are hereby rescinded and shall be of no force and effect.

     RESOLVED FURTHER, that the following rules and standards shall govern the deer harvest authorized by Chapter 6 of the Duluth City Code, 1959, as amended:

     (a)  Deer hunting by archery will be conducted in strict conformance with each and every applicable law, rule and regulation of the United States government, and the state of Minnesota and the city of Duluth;

     (b)  Each participating hunter shall be licensed by the state and certified by the designated agent of the city of Duluth and shall have paid all required fees and met the standards for certification. The fee for each city certificate for each year’s hunt shall be set in accordance with Section 6-77(e)(2) of the Duluth City Code, payable before any hunting is undertaken by the certificate holder. Payment shall be made to the chief administrative officer or his/her designee, or to the collecting agent designated by the council in a hunt management contract;

     (c)  Each hunter shall execute and legally bind himself or herself to an agreement, on a form approved by the city attorney, to repair or pay for any injury to person, or damage to property of another that arises out of the hunter’s activities in hunting for deer, and to defend and indemnify the city and its agent for any claims against them which arise out of the hunter’s activities in hunting for deer;

     (d)  Within 48 hours of taking a deer, each hunter shall report, on a form acceptable to the hunt manager or, if none, the chief administrative officer or his/her designee, the time and place taken, gender of deer and any other relevant information requested;

     (e)  The hunt shall run concurrent with the state of Minnesota’s bow hunting season;

     (f)  The hunt shall be managed by a person or organization approved by the city council and awarded, by council resolution, a contract to manage the hunt. This contractor shall be the designated agent for the chief administrative officer or his/her designee in managing the hunt. If there is no such hunt management contractor, then the hunt shall be managed by the chief administrative officer or his/her designee. Under any circumstances, the law enforcement officers of the city, state and federal government retain their jurisdiction;

     (g)  During a season, no person shall be allowed to harvest a buck deer unless that person has previously harvested at least one antlerless deer within Duluth city limits and in complete accordance with the hunt’s regulations. Antlerless is defined by the state as those deer without an antler greater than three inches long;

     (h)  Only hunting from treestands is allowed. Each stand platform must be a minimum of 12 feet above ground;

     (i)  This resolution continues in force until superceded by another resolution governing the seasonal deer hunt in the city.

     (j)  The total number of certified hunters participating and the number allowed to hunt in any area shall be limited to that needed to attain the objective and that can do so safely, as determined by the manager of the hunt in advance of the hunt.

           The manager of the hunt shall assign certified hunters to hunting areas.

     (k)  If there are more qualified participants than needed for the hunt, or for any public geographic area of the hunt, then participants for the hunt or for a public area shall be selected by a random lottery. Each lottery shall be conducted in two stages. In the first stage, each person in the pool of participants shall be a resident of Duluth. After each Duluth resident in the lottery has been selected, then, if there is a need for more participants, a second stage lottery shall be conducted. In the second stage lottery, each participant shall not be required to be a resident of Duluth.

STATEMENT OF PURPOSE:  The purpose of this resolution is to rescind resolution Nos. 05-0306 and 05-0434 and set standards and rules for the annual deer hunt in one resolution. This allows for a separate resolution designating the hunt manager, if other than the city, and the hunt areas.