1.1.................... moves to amend H.F. No. 2171, the third engrossment, as follows:
1.2Page 12, after line 7, insert:
1.3 "Sec. 22. Minnesota Statutes 2010, section 97A.095, subdivision 1, is amended to read:
1.4 Subdivision 1.
Migratory waterfowl sanctuary. The commissioner may designate
1.5by rule any part of a state game refuge or any part of a public water that is designated for
1.6management purposes under section
97A.101, subdivision 2, as a migratory waterfowl
1.7sanctuary
if there is presented to the commissioner a petition signed by ten resident
1.8licensed hunters describing an area that is primarily a migratory waterfowl refuge.
The
1.9commissioner must consider an area for designation upon presentation of a petition
1.10signed by at least ten residents demonstrating that the area is primarily a migratory
1.11waterfowl refuge. The commissioner shall post the area as a migratory waterfowl
1.12sanctuary. A person may not enter a posted migratory waterfowl sanctuary during the open
1.13migratory waterfowl season
or during other times prescribed by the commissioner unless
1.14accompanied by or under a permit issued by a conservation officer or wildlife manager.
1.15Upon a request from a private landowner within a migratory waterfowl sanctuary, an
1.16annual permit must be issued to provide access to the property during the waterfowl
1.17season. The permit shall include conditions that allow no activity which would disturb
1.18waterfowl using the refuge during the waterfowl season.
1.19 Sec. 23. Minnesota Statutes 2010, section 97A.095, subdivision 2, is amended to read:
1.20 Subd. 2.
Waterfowl feeding and resting areas. The commissioner may, by rule,
1.21designate any part of a lake as a migratory feeding and resting area
if there is adequate,
1.22free public access to the area. Before designation, the commissioner must
receive a
1.23petition signed by at least ten local resident licensed hunters describing the area of a lake
1.24that is a substantial feeding or resting area for migratory waterfowl, and find that the
1.25statements in the petition are correct, and that adequate, free public access to the lake
1.26exists near the designated area describe the area in a public notice and receive public
2.1comments for 30 days. The commissioner must consider an area for designation upon
2.2presentation of a petition signed by at least ten residents demonstrating that the area is a
2.3substantial feeding or resting area for migratory waterfowl. The commissioner shall
2.4post the area as a migratory waterfowl feeding and resting area. Except as authorized in
2.5rules adopted by the commissioner, a person may not enter a posted migratory waterfowl
2.6feeding and resting area, during a period when hunting of migratory waterfowl is allowed,
2.7with watercraft or aircraft propelled by a motor, other than an electric motor with battery
2.8power of 12 volts or less. The commissioner may, by rule, further restrict the use of
2.9electric motors in migratory waterfowl feeding and resting areas."
2.10Page 31, after line 12, insert:
2.11 "Sec. 68. Minnesota Statutes 2010, section 103G.005, is amended by adding a
2.12subdivision to read:
2.13 Subd. 11a. Shallow lake. "Shallow lake" means a body of water, excluding a
2.14stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet
2.15in maximum depth.
2.16 Sec. 69. Minnesota Statutes 2010, section 103G.408, is amended to read:
2.17103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.
2.18(a) The commissioner, upon consideration of recommendations and objections as
2.19provided in clause
(4) (2), item (iii), and paragraph (c), may issue a public waters work
2.20permit for the temporary drawdown of a public water when:
2.21(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
2.22purposes by the commissioner and the commissioner has conducted a public hearing
2.23presenting a comprehensive management plan outlining how and when temporary
2.24drawdowns under this section will be conducted; or
2.25(1) (2) the permit applicant is a public entity
; and:
2.26(2) (i) the commissioner deems the project to be beneficial and makes findings of
2.27fact that the drawdown is in the public interest;
2.28(3) (ii) the permit applicant has obtained permission from at least 75 percent of the
2.29riparian landowners; and
2.30(4) (iii) the permit applicant has conducted a public hearing according to paragraph
2.31(d).
2.32(b) In addition to the requirements in section
103G.301, subdivision 6, the permit
2.33applicant shall serve a copy of the application on each county, municipality, and watershed
2.34management organization, if one exists, within which any portion of the public water is
2.35located and on the lake improvement district, if one exists.
3.1(c) A county, municipality, watershed district, watershed management organization,
3.2or lake improvement district required to be served under paragraph (b) or section
3.3103G.301, subdivision 6
, may file a written recommendation for the issuance of a permit
3.4or an objection to the issuance of a permit with the commissioner within 30 days after
3.5receiving a copy of the application.
3.6(d) The hearing notice for a public hearing under paragraph (a), clause
(4) (2),
3.7item (iii), must:
3.8(1) include the date, place, and time for the hearing;
3.9(2) include the waters affected and a description of the proposed project;
3.10(3) be mailed to the director, the county auditor, the clerk or mayor of a municipality,
3.11the lake improvement district if one exists, the watershed district or water management
3.12organization, the soil and water conservation district, and all riparian owners of record
3.13affected by the application; and
3.14(4) be published in a newspaper of general circulation in the affected area.
3.15(e) Periodic temporary drawdowns conducted under paragraph (a) shall not be
3.16considered takings from riparian landowners.
3.17(e) (f) This section does not apply to public waters that have been designated for
3.18wildlife management under section
97A.101."
3.19Renumber the sections in sequence and correct the internal references
3.20Amend the title accordingly