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HF 2870

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/17/2012 09:52am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to water; modifying migratory waterfowl sanctuary and waterfowl
feeding and resting area designations; modifying temporary public water
drawdown provisions; defining shallow lakes;amending Minnesota Statutes
2010, sections 97A.095, subdivisions 1, 2; 103G.005, by adding a subdivision;
103G.408.

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

Section 1.

Minnesota Statutes 2010, section 97A.095, subdivision 1, is amended to
read:


Subdivision 1.

Migratory waterfowl sanctuary.

The commissioner may designate
by rule any part of a state game refuge or any part of a public water that is designated for
management purposes under section 97A.101, subdivision 2, as a migratory waterfowl
sanctuary if there is presented to the commissioner a petition signed by ten resident
licensed hunters describing an area that is primarily a migratory waterfowl refuge
. The
commissioner must consider an area for designation upon presentation of a petition
signed by at least ten residents demonstrating that the area is primarily a migratory
waterfowl refuge.
The commissioner shall post the area as a migratory waterfowl
sanctuary. A person may not enter a posted migratory waterfowl sanctuary during the open
migratory waterfowl season or during other times prescribed by the commissioner unless
accompanied by or under a permit issued by a conservation officer or wildlife manager.
Upon a request from a private landowner within a migratory waterfowl sanctuary, an
annual permit must be issued to provide access to the property during the waterfowl
season. The permit shall include conditions that allow no activity which would disturb
waterfowl using the refuge during the waterfowl season.

Sec. 2.

Minnesota Statutes 2010, section 97A.095, subdivision 2, is amended to read:


Subd. 2.

Waterfowl feeding and resting areas.

The commissioner may, by rule,
designate any part of a lake as a migratory feeding and resting area if there is adequate,
free public access to the area
. Before designation, the commissioner must receive a
petition signed by at least ten local resident licensed hunters describing the area of a lake
that is a substantial feeding or resting area for migratory waterfowl, and find that the
statements in the petition are correct, and that adequate, free public access to the lake
exists near the designated area
describe the area in a public notice and receive public
comments for 30 days. The commissioner must consider an area for designation upon
presentation of a petition signed by at least ten residents demonstrating that the area is a
substantial feeding or resting area for migratory waterfowl
. The commissioner shall
post the area as a migratory waterfowl feeding and resting area. Except as authorized in
rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
with watercraft or aircraft propelled by a motor, other than an electric motor with battery
power of 12 volts or less. The commissioner may, by rule, further restrict the use of
electric motors in migratory waterfowl feeding and resting areas.

Sec. 3.

Minnesota Statutes 2010, section 103G.005, is amended by adding a
subdivision to read:


Subd. 11a.

Shallow lake.

"Shallow lake" means a body of water, excluding a
stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet
in maximum depth.

Sec. 4.

Minnesota Statutes 2010, section 103G.408, is amended to read:


103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.

(a) The commissioner, upon consideration of recommendations and objections as
provided in clause (4) (2), item (iii), and paragraph (c), may issue a public waters work
permit for the temporary drawdown of a public water when:

(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
purposes by the commissioner and the commissioner has conducted a public hearing
presenting a comprehensive management plan outlining how and when temporary
drawdowns under this section will be conducted; or

(1) (2) the permit applicant is a public entity; and:

(2) (i) the commissioner deems the project to be beneficial and makes findings of
fact that the drawdown is in the public interest;

(3) (ii) the permit applicant has obtained permission from at least 75 percent of the
riparian landowners; and

(4) (iii) the permit applicant has conducted a public hearing according to paragraph
(d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit
applicant shall serve a copy of the application on each county, municipality, and watershed
management organization, if one exists, within which any portion of the public water is
located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization,
or lake improvement district required to be served under paragraph (b) or section
103G.301, subdivision 6, may file a written recommendation for the issuance of a permit
or an objection to the issuance of a permit with the commissioner within 30 days after
receiving a copy of the application.

(d) The hearing notice for a public hearing under paragraph (a), clause (4) (2),
item (iii)
, must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality,
the lake improvement district if one exists, the watershed district or water management
organization, the soil and water conservation district, and all riparian owners of record
affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

(e) Periodic temporary drawdowns conducted under paragraph (a) shall not be
considered takings from riparian landowners.

(e) (f) This section does not apply to public waters that have been designated for
wildlife management under section 97A.101.

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