SF 1893

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; imposing restrictions 
  1.3             on state land use in the boundary waters canoe area 
  1.4             wilderness; providing civil penalties; proposing 
  1.5             coding for new law as Minnesota Statutes, chapter 84E. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [84E.001] [DEFINITION.] 
  1.8      For purposes of sections 84E.001 to 84E.025, "boundary 
  1.9   waters canoe area wilderness" or "wilderness" means the area 
  1.10  designated as the boundary waters canoe area wilderness under 
  1.11  Public Law Number 95-495, United States Statutes at Large, 
  1.12  volume 92, page 1649. 
  1.13     Sec. 2.  [84E.005] [LEGISLATIVE FINDINGS AND PURPOSE.] 
  1.14     Subdivision 1.  [FINDINGS.] The legislature finds that it 
  1.15  is necessary and desirable to provide for the protection, 
  1.16  enhancement, and preservation of the natural values of the 
  1.17  lakes, waterways, and associated forested areas known as the 
  1.18  boundary waters canoe area wilderness, and for the orderly 
  1.19  management of public use and enjoyment of that area as 
  1.20  wilderness, while at the same time protecting the special 
  1.21  qualities of the area as a natural forest-lakeland wilderness 
  1.22  ecosystem of major aesthetic, cultural, scientific, 
  1.23  recreational, and educational value to the state and to the 
  1.24  nation. 
  1.25     Subd. 2.  [PURPOSE.] With respect to navigable waters and 
  2.1   their beds, state trust fund lands, lands held in trust for 
  2.2   local taxing districts, and any other state-owned land located 
  2.3   in the boundary waters canoe area wilderness, to the extent that 
  2.4   the state retains jurisdiction over the waters and lands under 
  2.5   Public Law Number 95-495, United States Statutes at Large, 
  2.6   volume 92, page 1649, it is the purpose of this chapter to 
  2.7   provide for measures that will: 
  2.8      (1) provide for the protection and management of the fish 
  2.9   and wildlife of the wilderness so as to enhance public enjoyment 
  2.10  and appreciation of the unique biotic resources of the region; 
  2.11     (2) protect and enhance the natural values and 
  2.12  environmental quality of the lakes, streams, shorelines, and 
  2.13  associated forest areas of the wilderness; 
  2.14     (3) maintain high water quality in the wilderness; 
  2.15     (4) minimize, to the maximum extent possible, the 
  2.16  environmental impacts associated with mineral development 
  2.17  affecting such areas; and 
  2.18     (5) prevent further road and commercial development and 
  2.19  restore natural conditions in the wilderness. 
  2.20     Sec. 3.  [84E.010] [APPLICABILITY.] 
  2.21     The restrictions and prohibitions in this chapter apply to 
  2.22  all navigable waters and their beds, state trust fund lands, 
  2.23  lands held in trust for local taxing districts, and any other 
  2.24  state-owned land located in the boundary waters canoe area 
  2.25  wilderness, to the extent that the state retains jurisdiction 
  2.26  over the waters and lands under Public Law Number 95-495, United 
  2.27  States Statutes at Large, volume 92, page 1649. 
  2.28     Sec. 4.  [84E.015] [MOTORIZED USE PROHIBITED.] 
  2.29     Subdivision 1.  [MOTORBOATS.] The use of motorboats is 
  2.30  prohibited in the wilderness and in all lakes that are partly 
  2.31  within the wilderness, except for the following: 
  2.32     (1) on the following lakes, motorboats with motors of no 
  2.33  greater than 25 horsepower shall be permitted:  Fall, Lake 
  2.34  county; Newton, Lake county; Moose, Lake county; Newfound, Lake 
  2.35  county; Sucker, Lake county; Snowbank, Lake county; East 
  2.36  Bearskin, Cook county; South Farm, Lake county; Trout, Saint 
  3.1   Louis county; Basswood, except that portion generally north of 
  3.2   the narrows at the north end of Jackfish Bay and north of a 
  3.3   point on the international boundary between Ottawa island and 
  3.4   Washington island; and Saganaga, Cook county, except for that 
  3.5   portion west of American Point; 
  3.6      (2) on the following lakes and river, motorboats with 
  3.7   motors no greater than ten horsepower shall be permitted:  
  3.8   Clearwater, Cook county; North Fowl, Cook county; South Fowl, 
  3.9   Cook county; Island river east of Lake Isabella, Lake county; 
  3.10  Sea Gull, that portion generally east of Threemile island, Cook 
  3.11  county; Alder, Cook county; and Canoe, Cook county; and 
  3.12     (3) on the portion of Sea Gull lake generally west of 
  3.13  Threemile island, Cook county, motorboats with motors of no 
  3.14  greater than ten horsepower shall be permitted until January 1, 
  3.15  1999. 
  3.16     Subd. 2.  [SNOWMOBILES.] The use of snowmobiles in the 
  3.17  wilderness is prohibited except that the federal Secretary of 
  3.18  the Interior may permit snowmobiles, not exceeding 40 inches in 
  3.19  width, on the overland portages from Crane lake to Little 
  3.20  Vermilion lake in Canada, and from Sea Gull river along the 
  3.21  eastern portion of Saganaga lake to Canada.  The secretary may 
  3.22  also issue special use permits to groom by snowmobile specified 
  3.23  cross-country ski trails for day use near existing resorts. 
  3.24     Subd. 3.  [MECHANIZED PORTAGES.] The use of mechanized 
  3.25  portages in the wilderness is prohibited.  
  3.26     Subd. 4.  [MOTORIZED USE.] All other motorized use of the 
  3.27  wilderness is prohibited. 
  3.28     Sec. 5.  [84E.020] [FORFEITURE OF EQUIPMENT.] 
  3.29     A motorboat, snowmobile, or any other motorized equipment 
  3.30  used in violation of section 84E.015 is subject to forfeiture 
  3.31  under section 84.912. 
  3.32     Sec. 6.  [84E.025] [LAND USE.] 
  3.33     No land use shall be permitted in the wilderness that may 
  3.34  materially impair the wilderness qualities of the wilderness or 
  3.35  that may materially impair the natural values and environmental 
  3.36  quality of the wilderness.