97A.101 PUBLIC WATER RESERVES AND MANAGEMENT DESIGNATION.
Subdivision 1. Reserves.
The commissioner may designate and reserve public waters of the
state to propagate and protect wild animals.
Subd. 2. Management designation.
(a) The commissioner may designate, reserve, and
manage public waters for wildlife after giving notice and holding a public hearing. The hearing
must be held in the county where the major portion of the waters is located. Notice of the hearing
must be published in a legal newspaper within each county where the waters are located at least
seven days before the hearing. The designation by the commissioner shall be by written order
published in the State Register. Designations are not subject to the rulemaking provisions of
chapter 14 and section
does not apply.
(b) The commissioner may contract with riparian owners for water projects under section
103G.121, subdivision 3
, and may acquire land, accept local funding, and construct, maintain, and
operate structures to control water levels under section
to manage designated waters.
Subd. 3. Fishing may not be restricted.
Seasons or methods of taking fish may not be
restricted under this section.
Subd. 4. Restrictions on airboats, watercraft, and recreational vehicles.
(a) The use of
airboats is prohibited at all times on lakes designated for wildlife management purposes under
this section unless otherwise authorized by the commissioner.
(b) The commissioner may restrict the use of motorized watercraft and recreational vehicles
on lakes designated for wildlife management purposes by posting all public access points on
the designated lake. To minimize disturbance to wildlife or to protect wildlife habitat, the
commissioner may restrict the type of allowable motorized watercraft or recreational vehicle,
horsepower or thrust of motor, speed of operation, and season or area of use. Designation of areas,
times, and types of restrictions to be posted shall be by written order published in the State
Register. Posting of the restrictions is not subject to the rulemaking provisions of chapter 14
does not apply.
(c) Before the commissioner establishes perpetual restrictions under paragraph (b), public
comment must be received and a public meeting must be held in the county where the largest
portion of the lake is located. Notice of the meeting must be published in a news release issued
by the commissioner and in a newspaper of general circulation in the area where the waters are
located. The notice must be published at least once between 30 and 60 days before the public
meeting and at least once between seven and 30 days before the meeting. The notices required
in this paragraph must summarize the proposed action, invite public comment, and specify a
deadline for the receipt of public comments. The commissioner shall mail a copy of each required
notice to persons who have registered their names with the commissioner for this purpose. The
commissioner shall consider any public comments received in making a final decision. This
paragraph does not apply to temporary restrictions that expire within 90 days of the effective
date of the restrictions.
History: 1986 c 386 art 1 s 19; 1990 c 391 art 8 s 23; 1991 c 199 art 1 s 13; 1997 c 226 s
18; 2004 c 221 s 37; 2006 c 281 art 2 s 21