2007 Minnesota Statutes

97C.005 SPECIAL MANAGEMENT WATERS.
    Subdivision 1. Definition; designation. (a) Special management waters are waters that:
(1) have been subject to special regulations that have been evaluated and proven effective
under an experimental waters designation under section 97C.001; or
(2) are classified by the commissioner for primary use as trophy lakes, family fishing lakes,
designated trout lakes, designated trout streams, special species management lakes, and other
designated uses.
(b) The commissioner may designate any waters of the state, including experimental waters,
as special management waters. The commissioner shall by rule establish methods and criteria for
public participation in the evaluation and designation of waters as special management waters.
(c) Designation of special management waters under this section is not subject to chapter 14.
    Subd. 2. Public notice and meeting. (a) Before the commissioner designates special
management waters, public comment must be received and, for waters other than those proposed
to be designated as trout streams or trout lakes, a public meeting must be held in the county
where the largest portion of the waters is located.
(b) For waters previously designated as experimental waters, a proposed change in status to
special management waters must be announced before the public meeting by notice 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.
If a water proposed to be designated is a lake with a water area of more than 1,500 acres, or is
a stream or river with a reach of more than six miles, a public meeting must also be held in
the seven-county metropolitan area.
(c) For proposed special management waters, other than designated trout lakes and
designated trout streams, that were not previously designated as experimental waters, notice of
the proposed designation must be given as provided in this paragraph. The notice must be posted
at publicly maintained access points at least 90 days before the public meeting and during the
open angling season for fish the taking of which on the waters is proposed to be regulated under
subdivision 3. Before the public meeting, 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 proposed special management waters are located. The notice must be published at least
once between 30 and 60 days before the meeting, and at least once between seven and 30 days
before the meeting. If a water to be designated is a lake with a water area of more than 1,500
acres, or is a stream or river with a reach of more than six miles, a public meeting must also be
held in the seven-county metropolitan area.
(d) For waters proposed to be designated as trout streams or trout lakes, notice of the
proposed designation must be published at least 90 days before the effective date of the
designation in a news release issued by the commissioner and in a newspaper of general
circulation in the area where the waters are located. In addition, all riparian owners along the
waters must be notified at least 90 days before the effective date of the designation.
(e) The notices required in this subdivision 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.
    Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance with the
procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, establish open
seasons, limits, methods, and other requirements for taking fish on special management waters.
History: 1986 c 386 art 3 s 2; 1992 c 462 s 16