HF 2290

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:01am

A bill for an act
relating to natural resources; providing for local grant program to acquire and
manage aquatic management areas; appropriating money; amending Minnesota
Statutes 2008, sections 84.975, subdivision 1; 86A.05, subdivision 14; 97C.02.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 84.975, subdivision 1, is amended to read:

Subdivision 1.

Purposes.

The commissioner of natural resources may make grants
to local governments:

(1) to administer, monitor, and enforce state approved shoreland management
ordinances;

(2) to adopt shoreland management ordinances consistent with statewide standards;

(3) to develop comprehensive lake by lake or river shoreland management strategies
that provide a unique plan to guide activities on and adjacent to a lake or river; deleted text begin and
deleted text end

(4) to implement elements of a comprehensive lake or river management strategy deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (5) to designate, acquire, or manage an aquatic management area, as defined in
section 86A.05, subdivision 14.
new text end

Sec. 2.

Minnesota Statutes 2008, section 86A.05, subdivision 14, is amended to read:

Subd. 14.

Aquatic management areas.

(a) Aquatic management areas may be
established to protect, develop, and manage lakes, rivers, streams, and adjacent wetlands
and lands that are critical for fish and other aquatic life, for water quality, and for their
intrinsic biological value, public fishing, or other compatible outdoor recreational uses.

(b) Aquatic management areas may be established to protect wetland areas under ten
acres that are donated to the Department of Natural Resources.

(c) No unit may be authorized unless it meets one or more of the following criteria:

(1) provides angler or management access;

(2) protects fish spawning, rearing, or other unique habitat;

(3) protects aquatic wildlife feeding and nesting areas;

(4) protects critical shoreline habitat; or

(5) provides a site for research on natural history.

(d) Aquatic management areas must be administered by the commissioner of
natural resources new text begin or a local unit of government, including federally recognized Native
American tribes in the state, new text end in a manner consistent with the purposes of this subdivision
to perpetuate and, if necessary, reestablish high quality aquatic habitat for production of
fish, wildlife, and other aquatic species. Public fishing and other uses shall be consistent
with the limitations of the resource, including the need to preserve adequate populations
and prevent long-term habitat injury or excessive fish population reduction or increase.
Public access to aquatic management areas may be closed during certain time periods.

(e) State-owned lands or waters, or any state-owned interests in lands or waters,
acquired before August 1, 2000, that meet the criteria of this subdivision and that have
been administered by the commissioner of natural resources as fish management areas or
other areas of fishery interest are authorized as units of the outdoor recreation system upon
designation by the commissioner of natural resources as aquatic management areas.

Sec. 3.

Minnesota Statutes 2008, section 97C.02, is amended to read:

97C.02 ACQUISITION OF CRITICAL AQUATIC HABITAT.

new text begin Subdivision 1. new text end

new text begin Acquiring aquatic management areas. new text end

The commissioner shall
acquire lands that are critical for fish and other aquatic life and that meet criteria described
for aquatic management areas in section 86A.05, subdivision 14. The lands that are
acquired may be new text begin protected or new text end developed to manage lakes, rivers, streams, and adjacent
wetlands and lands for aquatic life, water quality, intrinsic biological value, public fishing,
and other compatible outdoor recreational uses. The land may be acquired by gift, lease,
easement, or purchase. The commissioner shall designate land acquired under this
subdivision as aquatic management areas for the purposes of the outdoor recreation system.

new text begin Subd. 2. new text end

new text begin Local grant program. new text end

new text begin The commissioner shall administer a program
to provide grants to local units of government, including federally recognized Native
American tribes in the state, for up to 75 percent of the costs of acquiring and managing
aquatic management areas, as defined in section 86A.05, subdivision 14.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated to the commissioner of natural resources from the clean water
fund for the local grant program under Minnesota Statutes, section 97C.02, subdivision 2.
new text end