HF 3847

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; prohibiting use of 
  1.3             motorboats on certain waters in the boundary waters 
  1.4             canoe area wilderness; providing a civil penalty; 
  1.5             amending Minnesota Statutes 1996, section 97A.225, 
  1.6             subdivision 1; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 84. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [84.526] [USE OF MOTORBOATS IN BWCA.] 
  1.10     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.11  section, the following terms have the meanings given: 
  1.12     (1) "boundary waters canoe area wilderness" means the 
  1.13  boundary waters canoe area wilderness as designated in Public 
  1.14  Law Number 95-495, Statutes at Large, volume 92, page 1649; and 
  1.15     (2) "motorboat" has the meaning given in section 86B.005, 
  1.16  subdivision 9. 
  1.17     Subd. 2.  [PROHIBITION.] Except as provided in subdivision 
  1.18  3, a person may not operate a motorboat on waters within the 
  1.19  boundary waters canoe area wilderness or on the portions within 
  1.20  the boundary waters canoe area wilderness of waters that are 
  1.21  partly within the boundary waters canoe area wilderness. 
  1.22     Subd. 3.  [EXCEPTIONS.] (a) On the following waters, a 
  1.23  person may operate a motorboat with a motor of no greater than 
  1.24  25 horsepower: 
  1.25     (1) Fall lake, Lake county; 
  1.26     (2) Newton lake, Lake county; 
  2.1      (3) Moose lake, Lake county; 
  2.2      (4) Newfound lake, Lake county; 
  2.3      (5) Sucker lake, Lake county; 
  2.4      (6) Snowbank lake, Lake county; 
  2.5      (7) East Bearskin lake, Cook county; 
  2.6      (8) South Farm lake, Lake county; 
  2.7      (9) Trout lake, St. Louis county; 
  2.8      (10) Basswood lake, Lake county, except that portion 
  2.9   generally north of the narrows at the north end of Jackfish Bay 
  2.10  and north of a point on the international boundary between 
  2.11  Ottawa Island and Washington Island; and 
  2.12     (11) Saganaga lake, Cook county, except for that portion 
  2.13  west of American Point. 
  2.14     (b) On the following waters, a person may operate a 
  2.15  motorboat with a motor of no greater than ten horsepower: 
  2.16     (1) Clearwater lake, Cook county; 
  2.17     (2) North Fowl lake, Cook county; 
  2.18     (3) South Fowl lake, Cook county; 
  2.19     (4) Island river east of Lake Isabella, Lake county; 
  2.20     (5) Sea Gull lake, Cook county, except that after December 
  2.21  31, 1998, a person may not operate a motorboat on that portion 
  2.22  of the lake west of Threemile Island; 
  2.23     (6) Alder lake, Cook county; and 
  2.24     (7) Canoe lake, Cook county. 
  2.25     (c) On the following waters, a person may operate a 
  2.26  motorboat without restriction on horsepower of the motor: 
  2.27     (1) Little Vermilion lake, St. Louis county; 
  2.28     (2) Loon river, St. Louis county; 
  2.29     (3) Loon lake, St. Louis county; and 
  2.30     (4) that portion of the Lac La Croix, St. Louis county, 
  2.31  south of Snow Bay and east of Wilkins Bay. 
  2.32     (d) Nothing in this section restricts the use of motorboats 
  2.33  in emergencies, or for the administration of the wilderness area 
  2.34  by state and local governmental officials or their designees, 
  2.35  where the commissioner of natural resources finds that the use 
  2.36  is essential. 
  3.1      Subd. 4.  [CIVIL PENALTY.] A person who violates 
  3.2   subdivision 2 shall forfeit and pay to the state a penalty, in 
  3.3   an amount to be determined by the court, of not more than $500 
  3.4   per violation.  The civil penalties provided for in this 
  3.5   subdivision may be recovered by a civil action brought by the 
  3.6   attorney general in the name of the state before a district 
  3.7   court judge in any county of this state.  Any boat and motor 
  3.8   used in violation of subdivision 2 is subject to seizure and 
  3.9   confiscation under section 97A.225. 
  3.10     Sec. 2.  Minnesota Statutes 1996, section 97A.225, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [SEIZURE.] (a) An enforcement officer must 
  3.13  seize all motor vehicles used to:  
  3.14     (1) shine wild animals in violation of section 97B.081, 
  3.15  subdivision 1; 
  3.16     (2) transport big game animals illegally taken or 
  3.17  fur-bearing animals illegally purchased; or 
  3.18     (3) transport minnows in violation of section 97C.501, 
  3.19  97C.515, or 97C.525.  
  3.20     (b) An enforcement officer must seize all boats and motors 
  3.21  used in netting fish on Lake of the Woods, Rainy Lake, Lake 
  3.22  Superior, Namakan Lake, and Sand Point Lake in violation of 
  3.23  licensing or operating requirements of section 97A.475, 
  3.24  subdivision 31, 32, 33, or 37, 97C.825, 97C.831, or 97C.835, or 
  3.25  a rule of the commissioner relating to these provisions.  
  3.26     (c) An enforcement officer may seize all boats and motors 
  3.27  used in violation of section 84.526, subdivision 2. 
  3.28     Sec. 3.  [EFFECTIVE DATE.] 
  3.29     Section 1 is effective August 1, 1997, and section 1, 
  3.30  subdivision 4, applies to violations committed on or after that 
  3.31  date.