"      Section  1.  Terms used in this Act mean:

     Section  3.  Any person owning, holding, or controlling, by lease or otherwise, any contiguous tract of land that is adjacent to a body of water may apply for the establishment of a fishing preserve as provided in this Act if the applicant agrees to stock the body of water with fish as provided in rules promulgated by the commission pursuant to chapter 1-26 and if one of the following criteria is met:

     Section  5.  Upon receipt of a written application for a new fishing preserve operating permit, the commission shall schedule a public hearing on the application. The department shall publish notice of the time, place, and purpose of the hearing once at least twenty days before the hearing in at least

three newspapers of general circulation in areas of the state likely to be affected by the proposed permit. After the hearing, the commission may issue the permit in accordance with the requirements of this Act.

     Section  6.  Upon receipt of the application for a fishing preserve operating permit commission shall inspect the area described in the application, the premises, and the facilities. The commission also shall evaluate the ability of the applicant to operate an area of this character and, if applicable, whether it would be in the public interest to close public access to the body of water for purposes of establishing the fishing preserve.

     Section  7.  In determining whether to approve an application for a fishing preserve, the Game, Fish and Parks Commission shall consider the following:

     Section  8.  Any fishing preserve operating permit shall be issued upon the condition that the

permittee agrees that any law enforcement officer or any representative of the Department of Game, Fish and Parks may enter and search the premises and any part thereof without a search warrant to ensure compliance with the laws of this state and rules of the commission. Failure to comply with this section is a Class 1 misdemeanor.

     Section  9.  The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1- 26 to specify:

     Section  11.  Within the limits established in rules by the commission, the fishing preserve operator may establish additional limitations and restrictions on the number, size, type, and species

of fish that may be taken by each person, and the operator may establish fishing hours and the fees to be charged to patrons.

     Section  12.  Any person licensed to fish as required by this Act may harvest and legally possess fish taken at a fishing preserve if the fish are taken, handled, and transported as directed by the commission in rule.

     Section  13.  In addition to other record-keeping requirements established by the commission in rule, each fishing preserve operator shall maintain a guest register in which is listed the name, address, and applicable fishing license number of each patron, the date on which the patron fished, and the species and amount of fish taken. Likewise, a record shall be maintained to show the source of the fish stocked or released and of the date and the number of each fish species stocked or released. These records are be open to inspection by the Department of Game, Fish and Parks at any reasonable time. A violation of this section is a Class 1 misdemeanor.

     Section  14.  It is a Class 1 misdemeanor to own, operate, lease, or control a fishing preserve without the operating permit authorized by this Act or in violation of statute, the conditions of the permit or the rules of the commission.

     Section  15.  The commission may pursuant to chapter 1-26 revoke or suspend the permit of a permittee for any violation of this Act or any of the rules of the commission. An appeal may be taken to the circuit court pursuant to the procedure of chapter 1-26 within ten days after a decision of the commission to suspend or revoke a shooting preserve operating permit. The circuit court may take additional evidence in any action which is appealed from the administrative determination."

Moved by:    Symens
Second by:    Reedy
Action:    Prevailed by voice vote.

ensure and".

Ryan Olson