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H.F. No. 2870, 1st Engrossment - 87th Legislative Session (2011-2012)   Posted on Mar 19, 2012

1.1A bill for an act
1.2relating to water; modifying migratory waterfowl sanctuary and waterfowl
1.3feeding and resting area designations; modifying temporary public water
1.4drawdown provisions; defining shallow lakes;amending Minnesota Statutes
1.52010, sections 97A.095, subdivisions 1, 2; 103G.005, by adding a subdivision;
1.6103G.408.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2010, section 97A.095, subdivision 1, is amended to
1.9read:
1.10    Subdivision 1. Migratory waterfowl sanctuary. The commissioner may designate
1.11by rule any part of a state game refuge or any part of a public water that is designated for
1.12management purposes under section 97A.101, subdivision 2, as a migratory waterfowl
1.13sanctuary if there is presented to the commissioner a petition signed by ten resident
1.14licensed hunters describing an area that is primarily a migratory waterfowl refuge. The
1.15commissioner must consider an area for designation upon presentation of a petition
1.16signed by at least ten residents demonstrating that the area is primarily a migratory
1.17waterfowl refuge. The commissioner shall post the area as a migratory waterfowl
1.18sanctuary. A person may not enter a posted migratory waterfowl sanctuary during the open
1.19migratory waterfowl season or during other times prescribed by the commissioner unless
1.20accompanied by or under a permit issued by a conservation officer or wildlife manager.
1.21Upon a request from a private landowner within a migratory waterfowl sanctuary, an
1.22annual permit must be issued to provide access to the property during the waterfowl
1.23season. The permit shall include conditions that allow no activity which would disturb
1.24waterfowl using the refuge during the waterfowl season.

2.1    Sec. 2. Minnesota Statutes 2010, section 97A.095, subdivision 2, is amended to read:
2.2    Subd. 2. Waterfowl feeding and resting areas. The commissioner may, by rule,
2.3designate any part of a lake as a migratory feeding and resting area if there is adequate,
2.4free public access to the area. Before designation, the commissioner must receive a
2.5petition signed by at least ten local resident licensed hunters describing the area of a lake
2.6that is a substantial feeding or resting area for migratory waterfowl, and find that the
2.7statements in the petition are correct, and that adequate, free public access to the lake
2.8exists near the designated area describe the area in a public notice and receive public
2.9comments for 30 days. The commissioner must consider an area for designation upon
2.10presentation of a petition signed by at least ten residents demonstrating that the area is a
2.11substantial feeding or resting area for migratory waterfowl. The commissioner shall
2.12post the area as a migratory waterfowl feeding and resting area. Except as authorized in
2.13rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
2.14feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
2.15with watercraft or aircraft propelled by a motor, other than an electric motor with battery
2.16power of 12 volts or less. The commissioner may, by rule, further restrict the use of
2.17electric motors in migratory waterfowl feeding and resting areas.

2.18    Sec. 3. Minnesota Statutes 2010, section 103G.005, is amended by adding a
2.19subdivision to read:
2.20    Subd. 11a. Shallow lake. "Shallow lake" means a body of water, excluding a
2.21stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet
2.22in maximum depth.

2.23    Sec. 4. Minnesota Statutes 2010, section 103G.408, is amended to read:
2.24103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.
2.25(a) The commissioner, upon consideration of recommendations and objections as
2.26provided in clause (4) (2), item (iii), and paragraph (c), may issue a public waters work
2.27permit for the temporary drawdown of a public water when:
2.28(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
2.29purposes by the commissioner and the commissioner has conducted a public hearing
2.30presenting a comprehensive management plan outlining how and when temporary
2.31drawdowns under this section will be conducted; or
2.32(1) (2) the permit applicant is a public entity; and:
2.33(2) (i) the commissioner deems the project to be beneficial and makes findings of
2.34fact that the drawdown is in the public interest;
3.1(3) (ii) the permit applicant has obtained permission from at least 75 percent of the
3.2riparian landowners; and
3.3(4) (iii) the permit applicant has conducted a public hearing according to paragraph
3.4(d).
3.5(b) In addition to the requirements in section 103G.301, subdivision 6, the permit
3.6applicant shall serve a copy of the application on each county, municipality, and watershed
3.7management organization, if one exists, within which any portion of the public water is
3.8located and on the lake improvement district, if one exists.
3.9(c) A county, municipality, watershed district, watershed management organization,
3.10or lake improvement district required to be served under paragraph (b) or section
3.11103G.301, subdivision 6 , may file a written recommendation for the issuance of a permit
3.12or an objection to the issuance of a permit with the commissioner within 30 days after
3.13receiving a copy of the application.
3.14(d) The hearing notice for a public hearing under paragraph (a), clause (4) (2),
3.15item (iii), must:
3.16(1) include the date, place, and time for the hearing;
3.17(2) include the waters affected and a description of the proposed project;
3.18(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality,
3.19the lake improvement district if one exists, the watershed district or water management
3.20organization, the soil and water conservation district, and all riparian owners of record
3.21affected by the application; and
3.22(4) be published in a newspaper of general circulation in the affected area.
3.23(e) Periodic temporary drawdowns conducted under paragraph (a) shall not be
3.24considered takings from riparian landowners.
3.25(e) (f) This section does not apply to public waters that have been designated for
3.26wildlife management under section 97A.101.