Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 714-S.F.No. 2079 
           An act relating to natural resources; providing for 
          controlled burning program; providing for designating 
          muskellunge waters; amending Minnesota Statutes 1986, 
          section 97C.011; proposing coding for new law in 
          Minnesota Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [84.97] [CONTROLLED BURNING.] 
    Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner may 
establish a controlled burning program on public and private 
land to propagate wildlife requiring new vegetative growth and 
brush habitats, to manage the prairie, and to reduce the 
wildfire hazard.  
    Subd. 2.  [BURNING PERMITS.] (a) A person may not conduct a 
controlled burn without a permit.  
    (b) The commissioner may provide a manual that describes 
financial and technical assistance available and provides 
detailed information on conducting a controlled burn. 
    Subd. 3.  [ASSISTANCE FOR PRIVATE BURNS.] The commissioner 
may provide financial and technical assistance to persons who 
desire to conduct controlled burns approved by the 
commissioner.  Technical assistance includes controlled burn 
plan development, demonstration controlled burns, and personnel 
assistance for a controlled burn.  
    Sec. 2.  Minnesota Statutes 1986, section 97C.011, is 
amended to read:  
    97C.011 [MUSKELLUNGE LAKES.] 
    (a) The commissioner may, after preparing a statement of 
need and reasonableness and holding a public meeting, designate 
waters with muskellunge as muskellunge waters. 
    (b) The commissioner may prescribe rules for each 
designated muskellunge waters that: 
    (1) restrict spearing from a dark house; 
    (2) restrict angling from a dark house; 
    (3) limit the open season to take fish; 
    (4) limit the size of fish that may be kept; and 
    (5) limit the number of each species of fish that may be 
kept. 
    (c) The commissioner must give notice and hold a hearing 
before adopting rules under this subdivision.  The rules must 
have a termination date and may only be extended upon a showing 
by the commissioner, at a hearing, that the muskellunge 
population in the designated waters has been enhanced.  
    (d) The provisions of section 97C.385, subdivision 1, 
requiring the angling season on a lake to be closed in 
proportion to the spearing season do not apply to designated 
muskellunge lakes. 
     (e) The commissioner, in designating a muskellunge water on 
lakes wholly or partially within an Indian reservation, may not 
designate a whole lake larger than 29,775 acres in surface area, 
except that sensitive areas of lakes larger than 29,775 acres 
may be designated if clause (a) is complied with. 
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 4, 1988