DISCLAIMER

 

RECREATION, LIBRARIES AND AUTHORITIES COMMITTEE


08-0317R


RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH; SETTING RULES AND STANDARDS; PROVIDING FOR A MANAGING AGENT; SUPERSEDING RESOLUTION 05-0306, AS AMENDED BY RESOLUTION 05-0434.

CITY PROPOSAL:

     The city council finds:

     (a)  The ordinances of the city allow a limited and controlled archery deer harvest in the city; and

     (b)  The standards and rules for each hunt are determined by resolutions of the council.

     NOW, THEREFORE, BE IT RESOLVED, that this resolution supercedes Resolution 05-0306, as amended by Resolution 05-0434, and 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 or related to participating in the deer hunt, and to defend and indemnify the city and its agent for any claims against them which arise out of the hunter’s activities related to participating in the deer hunt, directly or indirectly;

     (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 areas within which, subject to the laws and ordinances that apply, hunting can take place are those indicated on the map or maps on file with the clerk as Public Document No. __________;

     (g)  The hunt shall be managed by a person or organization chosen 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. The hunt management agent’s rules and rule book apply and are enforceable regulations of the hunt;

     (h)  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;

     (i)  Hunting from tree stands is allowed. Each stand platform must be a minimum of 12 feet above ground except in areas where ground blinds have been approved for use by the city council and described in the hunt management agent’s ground blind policy and the agent’s rule book;

     (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. If there are more qualified hunters than are needed, a lottery or similar fair process shall be used to select which individuals will participate.

           The manager of the hunt shall assign certified hunters to hunting areas which shall be done by a lottery or similar fair process;

     (k)  This resolution continues in force until superceded by another resolution governing the seasonal deer hunt in the city.


PARKS & REC/ATTY


STATEMENT OF PURPOSE:  This resolution sets standards and rules, times and places for the annual deer hunt and provides for a managing agent.