Sale/Issue of Temporary Fishing Licenses

July 12, 2011
Reference: Sale/Issue of Temporary Fishing Licenses
Minnesota License Agents and Resorts:
Thank you for your patience as we await a resolution to the state government shutdown. I understand that this has been frustrating for you and your customers, and I know my staff is also eager to return to their work serving you, Minnesota’s resources and our natural resources-based economies.
It has come to my attention that a few contract license agents and resorts have started issuing temporary fishing licenses with a “promise to purchase” a legal license when the Minnesota state government resumes operation. These are not legal fishing licenses and will not be recognized as such by the Department of Natural Resources (DNR) Conservation Officers. These officers are on duty in spite of the government shutdown and will continue to enforce Minnesota’s natural resources laws and protect state property and assets.
If you are engaging in this practice of selling temporary licenses, I respectfully ask you to discontinue doing so immediately. This practice is in violation of several Minnesota statutes and rules, as well as the DNR’s standard Electronic Licensing Service (ELS) point-of-sale agent contracts including the following:
? Minn. State 97A.405 requires anglers to have the proper license in their personal possession while angling, so they may exhibit proof of license purchase as requested by a conservation or peace officer.
? Minn. Stat. 97A.485 Subd. 5 states that “An agent must promptly deposit and remit all money received from the sale of licenses, except issuing fees, to the commissioner.”
? Minn. Rules 6213.0100 to 6213.0800 include a number of requirements related to agent responsibility, and include provisions for the suspension of agent contracts (Minn. Rules 6213.0420 Subp. 2) for failing to comply with the terms or conditions of the agent contract, failing to keep adequate accounting records, or failing to maintain sufficient funds in the appropriate bank account.
? Finally, our Electronic Licensing Service (ELS) point-of-sale agent contracts include a number of requirements that the agent is unable to comply with when the ELS is not available: 1) funds cannot be remitted to the commissioner, and 2) printed legal licenses, which must be in an angler’s possession while fishing, cannot be issued.
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155
651-259-5615
The ELS also serves to provide some protection to our license agents against claims of fraud related to license sales by providing an independent, electronic record of license sales transactions and automated fund transfer. The DNR cannot afford you those protections in the absence of this system.
I continue to remain hopeful that a resolution to the current budget impasse will be found soon. Once a resolution is found, I assure you that my staff will work to get the ELS system up and running again as quickly as possible.
Sincerely,
Tom Landwehr
DNR Commissioner