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HF 1188

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; providing for protection of ecological value and
riparian rights in issuing aquatic farm licenses; amending Minnesota Statutes
2006, section 17.4984, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read:


Subdivision 1.

License required.

(a) A person or entity may not operate an aquatic
farm without first obtaining an aquatic farm license from the commissioner.

(b) Applications for an aquatic farm license must be made on forms provided by
the commissioner.

(c) new text begin The person or entity requesting a license renewal for an aquatic farm in waters
of the state must submit for each body of water a management plan that is designed to
ensure that the ecological value for that water for supporting waterfowl and other native
aquatic wildlife will be restored to its original condition.
new text end

new text begin (d) If a water body has more than one shoreline owner, the person or entity
requesting a license or license renewal must fully disclose in writing plans for the body of
water to each shoreline owner, obtain written permission from each owner, and submit a
copy of each permission to the commissioner. The commissioner shall not take riparian
rights from shoreland owners without their written permission according to this paragraph.
The commissioner shall not issue or renew a license unless the written permissions
required under this paragraph are received.
new text end

new text begin (e) Before issuing a license renewal, the commissioner must determine that the
implementation of the management plan under paragraph (c) will ensure that the
ecological value of the water will be restored.
new text end

new text begin (f) Before issuing a new license under this section for any water body, the
commissioner must determine that the license will maintain the water body's original
ecological value for supporting waterfowl and other native aquatic wildlife.
new text end

new text begin (g) new text end Licenses are valid for five years and are transferable upon notification to the
commissioner.

deleted text begin (d)deleted text end new text begin (h)new text end The commissioner shall issue an aquatic farm license on payment of the
required license fee under section 17.4988new text begin and compliance with this sectionnew text end .

deleted text begin (e)deleted text end new text begin (i)new text end A license issued by the commissioner is not a determination of private
property rights, but is only based on a determination that the licensee does not have a
significant detrimental impact on the public resource.

new text begin (j) The commissioner shall not issue or renew a license to raise minnows in a
water body if the water body is the subject of a protective easement or other interest
in land that was acquired with funding from migratory waterfowl stamp proceeds
under section 97A.075, subdivision 2, or if the water body was the subject of any other
development, restoration, maintenance, or preservation project funded under section
97A.075, subdivision 2.
new text end