Bill Text: MN HF1162 | 2011-2012 | 87th Legislature | Engrossed

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Bill Title: Nonnative species provisions modified, permits to control or harvest aquatic plants requirements modified, and criminal and civil penalties provided.

Sponsorship: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2011-05-05 - Second reading [HF1162 Detail]

Download: Minnesota-2011-HF1162-Engrossed.html

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A bill for an act

relating to natural resources; modifying nonnative species provisions; modifying
requirements for permits to control or harvest aquatic plants; providing criminal
penalties and civil penalties;amending Minnesota Statutes 2010, sections
84D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision
6; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11,
subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2;
103G.615, subdivision 1, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 84D; repealing Minnesota Statutes 2010, section
84D.02, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 84D.01, is amended by adding a
subdivision to read:
    Subd. 3a. Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally
or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
species using the "Recommended Uniform Minimum Protocol Standards" developed
by the United States Fish and Wildlife Service, or other protocols, as prescribed by the
commissioner. The commissioner may prescribe protocols in the same manner provided
under section 84D.03, subdivision 1, paragraph (d), for designating infested waters.

    Sec. 2. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
    Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
nonnative species into a free-living state. Introduce does not include:
(1) the immediate return of a nonnative species to waters of the state from which the
nonnative species was removed; or
(2) the seasonal return of nonnative species attached to water-related equipment,
such as a dock or boat lift, that has been stored on riparian property and directly returned
to the same waters of the state from which the water-related equipment was removed.

    Sec. 3. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
    Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
determine whether aquatic invasive species, aquatic macrophytes, or water is present and
includes removal, drainage, decontamination, or treatment to prevent the transportation
and spread of aquatic invasive species, aquatic macrophytes, and water.

    Sec. 4. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
    Subd. 8c. Inspector. "Inspector" means an individual trained and authorized by
the commissioner to inspect water-related equipment, a conservation officer, or a licensed
peace officer.

    Sec. 5. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
    Subd. 15a. Service provider. "Service provider" means an individual who installs
or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers,
or other water-related equipment or structures from waters of the state for compensation.

    Sec. 6. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
    Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not include:
(1) the transport movement of infested water or a nonnative species within a water
of the state or to a connected water of the state where the species being transported is
already present.; or
(2) the movement of a nonnative species attached to water-related equipment or
other water-related structures from a water of the state to the shore of riparian property on
that water or the return of water-related equipment or structures from the shore into the
same water of the state.

    Sec. 7. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
    Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
any other associated equipment or container, including but not limited to portable bait
containers, live wells, ballast tanks except for those vessels permitted under the Pollution
Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
or water.

    Sec. 8. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
    Subd. 21. Wild animal. "Wild animal" means a living creature, not human, wild by
nature, endowed with sensation and power of voluntary motion has the meaning given
under section 97A.015, subdivision 55.

    Sec. 9. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
    Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
report on invasive species of aquatic plants and wild animals to the legislative committees
having jurisdiction over environmental and natural resource issues. The report must
include:
(1) detailed information on expenditures for administration, education, management,
inspections, and research;
(2) an analysis of the effectiveness of management activities conducted in the state,
including chemical control, harvesting, educational efforts, and inspections;
(3) information on the participation of other state agencies, local government units,
and interest groups in control efforts;
(4) information on the progress made in the management of each species; and
(5) an assessment of future management needs and additional measures to protect
the state's water resources from human transport and introduction of invasive species.

    Sec. 10. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
    Subd. 3. Bait harvest from infested waters. (a) The Taking of wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b) and section 97C.341.
(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
under section 17.4982, subdivision 6, the taking of wild animals may be permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.
(c) Equipment authorized for minnow harvest in a designated infested water by
permit issued under paragraph (b) may not be transported to, or used in, any waters other
than waters specified in the permit.

    Sec. 11. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
a commercial licensee operates in both an infested water designated because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other
waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish,
invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with
tags provided by the commissioner, as specified in the commercial licensee's license or
permit, and may not be used in infested waters designated because the waters contain
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982. This
tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon notification, the commissioner may authorize
a commercial licensee to move nets or equipment to another water without freezing or
drying, if that water is designated as infested solely because it contains Eurasian water
milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.

    Sec. 12. Minnesota Statutes 2010, section 84D.09, is amended to read:
84D.09 AQUATIC MACROPHYTES.
    Subdivision 1. Transportation prohibited. A person may not transport aquatic
macrophytes on any state forest road as defined by section 89.001, subdivision 14, any
road or highway as defined in section 160.02, subdivision 26, or any other public road,
except as provided in this section.
    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) for disposal as part of a harvest or control activity conducted under an aquatic
plant management permit pursuant to section 103G.615, under permit pursuant to section
84D.11 , or as specified by the commissioner;
(3) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;
(4) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;
(5) when harvested for personal or commercial use if in a motor vehicle;
(6) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;
(7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;
(8) that are wild rice harvested under section 84.091; or
(9) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.; or
(10) when removing water-related equipment from waters of the state for purposes
of cleaning off aquatic macrophytes before leaving a water access site.

    Sec. 13. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
    Subdivision 1. Launching prohibited. A person may not place or attempt to
place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
attached except as provided in this section.

    Sec. 14. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
peace officer may order:
(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer
or watercraft water-related equipment before it is placed into waters of the state;
(2) confinement of the watercraft water-related equipment at a mooring, dock, or
other location until the watercraft water-related equipment is removed from the water; and
(3) removal of a watercraft water-related equipment from waters of the state
to remove prohibited invasive species if the water has not been designated by the
commissioner as being infested with that species.; and
(4) a prohibition on placing water-related equipment into waters of the state when
the water-related equipment has aquatic macrophytes or prohibited invasive species
attached in violation of subdivision 1 or when water has not been drained or the drain plug
has not been removed in violation of subdivision 4.
(b) An inspector who is not a licensed peace officer may issue orders under
paragraph (a), clauses (1), (3), and (4).

    Sec. 15. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
    Subd. 4. Persons leaving public waters; report transporting water-related
equipment. (a) A person When leaving waters of the state a person must drain
boating-related water-related equipment holding water and live wells and bilges by
removing the drain plug before transporting the watercraft and associated water-related
equipment on public roads off the water access site or riparian property.
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
watercraft on a public road water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.
(d) Marine sanitary systems and portable bait containers are excluded exempt from
this requirement subdivision.
(e) A person must not dispose of bait in waters of the state.
(b) The commissioner shall report, by January 15 of each odd-numbered year, to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions having jurisdiction over water resources policy and finance. The
report shall advise the legislature on additional measures to protect state water resources
from human transport of invasive species.

    Sec. 16. [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED
EQUIPMENT.
    Subdivision 1. Compliance inspections. Compliance with aquatic invasive species
inspection requirements is an express condition of operating or transporting water-related
equipment. An inspector may prohibit an individual who refuses to allow an inspection of
the individual's water-related equipment or who refuses to remove and dispose of aquatic
invasive species, aquatic macrophytes, and water from placing or operating water-related
equipment in waters of the state.
    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic
invasive species, and water. Inspectors may visually and tactilely inspect watercraft
and water-related equipment to determine whether aquatic invasive species, aquatic
macrophytes, or water is present. If a person transporting watercraft or water-related
equipment refuses to take required corrective actions or fails to comply with an order
under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall
refer the violation to a conservation officer or other licensed peace officer.
(b) In addition to paragraph (a), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site or stopped at any other location in the state if the officer determines there is reason
to believe that aquatic invasive species, aquatic macrophytes, or water is present on the
watercraft or water-related equipment.
(c) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

    Sec. 17. [84D.108] SERVICE PROVIDER PERMIT.
    Subdivision 1. Service provider permit required. (a) Service providers must apply
for and obtain a permit from the commissioner before providing any services described in
section 84D.01, subdivision 15a.
(b) Service providers must have a valid permit in possession while providing
services described in section 84D.01, subdivision 15a.
    Subd. 2. Permit requirements. (a) Service providers must complete invasive
species training provided by the commissioner and pass an examination to qualify for a
permit. Service provider permits are valid for three calendar years.
(b) A $50 application and testing fee is required for service provider permit
applications.
    Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
revoke a permit as provided in section 84D.11, subdivision 3.
    Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
in section 84D.11, subdivision 4.

    Sec. 18. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
a permit to allow the harvest of bait from waters that are designated as infested waters,
except those designated because they contain prohibited invasive species of fish. The
permit shall include conditions necessary to avoid spreading aquatic invasive species.
(b) Before receiving a permit, or working for a permittee, a person annually
must satisfactorily complete aquatic invasive species-related training provided by the
commissioner.

    Sec. 19. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
    Subd. 3. Criminal penalties. (a) A person who violates a provision of section
sections 84D.03 or 84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under
section 84D.12, is guilty of a misdemeanor.
(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
of a gross misdemeanor.
(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
or plant harvesting water-related equipment is guilty of a gross misdemeanor.

    Sec. 20. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
    Subd. 4. Warnings; civil citations. After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:
    (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
    (2) unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting water-related equipment that has aquatic macrophytes
or prohibited invasive species attached;
    (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;
    (4) fails to remove plugs, open valves, and drain water, as required by rule, from
watercraft and water-related equipment before leaving designated zebra mussel, spiny
water flea, or other invasive plankton infested waters of the state or when transporting
water-related equipment as provided in section 84D.10, subdivision 4; or
    (5) transports infested water, in violation of rule, off riparian property.

    Sec. 21. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
    Subd. 5. Civil penalties. A civil citation issued under this section must impose
the following penalty amounts:
(1) for transporting aquatic macrophytes on a forest road as defined by section
89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
any other public road, $50 in violation of section 84D.09, $50;
(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
aquatic plant harvesting water-related equipment that has aquatic macrophytes attached,
$100;
(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $250;
(4) for placing or attempting to place into waters of the state a watercraft, a trailer,
or aquatic plant harvesting water-related equipment that has prohibited invasive species
attached when the waters are not designated by the commissioner as being infested with
that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to remove plugs, open valves, and drain water, as required by rule,
for infested waters and from watercraft and water-related equipment, other than marine
sanitary systems and portable bait containers, before leaving waters of the state, $50; and
(7) for transporting infested water off riparian property without a permit as required
by rule, $200.

    Sec. 22. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
    Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
for up to a year, the watercraft license of an owner or person in control of a watercraft
or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4,
84D.105 or who refuses to comply with a removal order given under this section 84D.13.

    Sec. 23. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
license suspension is effective 30 days after issuance of the civil citation. A civil penalty
collected under this section is payable to must be paid to either: (1) the commissioner
if the citation was issued by a conservation officer and must be credited to the invasive
species account.; or (2) the treasury of the unit of government employing the officer who
issued the civil citation.

    Sec. 24. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service
provider permits under section 84D.108, shall be deposited in the invasive species account.
Each year, the commissioner of management and budget shall transfer from the game and
fish fund to the invasive species account, the annual surcharge collected on nonresident
fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010
and 2011, the commissioner of management and budget shall transfer $725,000 from the
water recreation account under section 86B.706 to the invasive species account.

    Sec. 25. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
    Subdivision 1. Authorization Issuance; validity. (a) The commissioner may issue
permits, with or without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.
(b) Application for a permit must be accompanied by a permit fee, if required.
(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.

    Sec. 26. Minnesota Statutes 2010, section 103G.615, is amended by adding a
subdivision to read:
    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in Minnesota
Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic
plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
the invasive aquatic plant.
(b) The commissioner may waive the dated signature of approval requirement in
Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management
permits if obtaining signatures would create an undue burden on the permittee or if
the commissioner determines that aquatic plant control is necessary to protect natural
resources.
(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in
a local newspaper, a public meeting, or a mailing to the most recent permanent address
of affected landowners. The notification must be given annually and must include: the
proposed date of treatment, the target species, the method of control or product being
used, and instructions on how the landowner may request that control not occur adjacent
to the landowner's property.
(d) For an invasive aquatic plant management permit, the commissioner may allow
dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart
1a, to remain valid for three years if property ownership remains unchanged.

    Sec. 27. REPEALER.
Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.

    Sec. 28. EFFECTIVE DATE.
Sections 1 to 16 and 19 to 27 are effective the day following final enactment.