SF 2631

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; restricting the taking of 
  1.3             fish on certain waters; amending Minnesota Statutes 
  1.4             2000, section 97C.025. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 97C.025, is 
  1.7   amended to read: 
  1.8      97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN 
  1.9   AREAS.] 
  1.10     (a) The commissioner may prohibit fishing or restrict the 
  1.11  taking of fish or the operation of motorboats by posting waters 
  1.12  that: 
  1.13     (1) are designated as spawning beds or fish preserves; or 
  1.14     (2) are being used by the commissioner for fisheries 
  1.15  research or management activities; or 
  1.16     (3) are licensed by the commissioner as a private fish 
  1.17  hatchery or aquatic farm under section 97C.211, subdivision 1, 
  1.18  or 17.4984, subdivision 1. 
  1.19  An area may be posted under this paragraph if necessary to 
  1.20  prevent excessive depletion of fish or interference with 
  1.21  fisheries research or management activities or private fish 
  1.22  hatchery or aquatic farm operations.  
  1.23     (b) The commissioner will consider the following criteria 
  1.24  in determining if waters licensed under a private fish hatchery 
  1.25  or aquatic farm should be posted under paragraph (a): 
  2.1      (1) the waters contain game fish brood stock that are vital 
  2.2   to the private fish hatchery or aquatic farm operation; 
  2.3      (2) game fish are present in the licensed waters only as a 
  2.4   result of aquaculture activities by the licensee; and 
  2.5      (3) no public access to the waters existed when the waters 
  2.6   were first licensed. 
  2.7   A private fish hatchery or aquatic farm licensee may not take 
  2.8   fish or authorize others to take fish in licensed waters that 
  2.9   are posted under paragraph (a), except as provided in section 
  2.10  17.4983, subdivision 3, and except that if waters are posted to 
  2.11  allow the taking of fish under special restrictions, licensees 
  2.12  and others who can legally access the waters may take fish under 
  2.13  those special restrictions. 
  2.14     (b) (c) Except as provided in paragraph (c) paragraphs (b) 
  2.15  and (d), a person may not take fish or operate a motorboat if 
  2.16  prohibited by posting under paragraph (a). 
  2.17     (c) (d) An owner of riparian land adjacent to an area 
  2.18  posted under paragraph (a) may operate a motorboat through the 
  2.19  area by the shortest direct route at a speed of not more than 
  2.20  five miles per hour. 
  2.21     Sec. 2.  [EFFECTIVE DATE.] 
  2.22     Section 1 is effective the day following final enactment.