Section 11-0321. "Restricted areas"; additional enforcement on private premises  


Latest version.
  • 1. Without limitation of the purpose and policy described  in  section
      11-0303, or of the powers conferred in other sections, the department is
      authorized:
        a. to adopt by regulation, classifications of "restricted areas" lying
      within  the boundaries of premises, or of two or more sets of contiguous
      premises, privately owned  and  with  respect  to  which  a  cooperation
      agreement pursuant to section 11-0501 is in force, or owned by the state
      or  a  political  subdivision  or  public  corporation thereof, in which
      hunting, fishing or trapping, or any of them, shall be, as  provided  by
      such   regulation  with  respect  to  the  classification  in  question,
      prohibited, or shall be restricted or regulated as to the  manner,  time
      or  conditions  applicable to the exercise in such "restricted areas" of
      the privilege of entry upon  such  premises  for  purposes  of  hunting,
      fishing or trapping;
        b.  to  adopt regulations with respect to the manner in which, and the
      conditions upon which, such  "restricted  areas"  shall  be  recognized,
      including  obligations  to  be  undertaken by the owner or lessee of the
      premises for the furtherance of sound management  practices  and  public
      access  for  hunting,  fishing  or  trapping,  to  premises  outside the
      "restricted area", identification  and  notice  to  the  public  of  the
      boundaries  of  the  "restricted area", and the manner in which, and the
      grounds upon which, the  recognition  of  a  "restricted  area"  may  be
      revoked or its classification changed;
        c.  to  adopt  regulations  with respect to prohibitions applicable to
      each classification of a "restricted area";
        2. Such restricted areas may be established pursuant to  this  section
      and  regulations  may  be made with respect to the use of such areas for
      one or more of the following purposes:
        a. providing safety zones in and around buildings;
        b. providing safety zones deemed necessary for  temporary  periods  of
      time  for  the  protection  of  life or property during farm and woodlot
      operations;
        c. protecting agricultural or forest crops  from  trampling  or  other
      damage during critical growth periods;
        d.  development  or  carrying  out  of  a  program of research in game
      management in connection with which the department deems it desirable to
      control the hunting, fishing or trapping pressures or to put into effect
      special regulations authorized  by  section  11-0311  or  by  any  other
      provision of the Fish and Wildlife Law;
        e.  protecting  the  water  supply  or  otherwise  providing  for  the
      protection of the health of the people of the state;
        f.  such  other  purposes  relating   to   farm   operation,   woodlot
      development,  fish and wildlife habitat improvement or public health and
      safety  which  in  the  opinion  of  the  department   require   special
      restrictions on the use of particular premises.
        3. No person shall charge or collect a fee or rental for the privilege
      of  hunting,  fishing or trapping in a restricted area established under
      the authority of this section.
        4. a. Notwithstanding the provisions of section 11-2111, a  restricted
      area  shall  be deemed to be in existence and subject to the regulations
      established pursuant to this section with respect to restricted areas of
      the classification to which it is assigned, when signs  identifying  its
      existence  shall have been erected on the premises in such manner as may
      be required by the regulations of  the  department  applicable  thereto,
      made as prescribed in paragraph b of subdivision 1 of this section.
    
        b.  No  person  shall  enter  or  remain  unlawfully  or engage in any
      activity upon land which has been posted pursuant to such regulations in
      violation of the terms of such posted signs.
        c.  No  unauthorized  person shall injure, conceal, deface or remove a
      sign erected and maintained in accordance with such regulations.
        d. The requirements of posting provided in section 11-2111  shall  not
      be applicable to the erection of signs identifying a restricted area.
        e.  Restricted areas may be established notwithstanding that the lands
      or waters or part of them, included within said restricted area may have
      been stocked with fish and game by the state.
        f. The existence of the restricted area shall terminate in such manner
      as may be provided by regulations of the department.
        5. The department is further authorized,  at  the  discretion  of  the
      commissioner,  to  exercise all of the powers and authority set forth in
      this section, in relation to premises with respect to  which  agreements
      are  in  effect  between the owner of such premises and the Agricultural
      Stabilization and Conservation Service of the United  States  Department
      of Agriculture and such agreements provide for such regulations, whether
      or not such premises are the subject of an agreement pursuant to section
      11-0501.  Payments to such landowners by the United States Department of
      Agriculture under such agreements shall not constitute a fee  or  rental
      within the meaning of subdivision 3 of this section.