Bill Text: MN HF2733 | 2013-2014 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus environment and natural policy bill.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-05-21 - Secretary of State Chapter 289 [HF2733 Detail]

Download: Minnesota-2013-HF2733-Introduced.html

1.1A bill for an act
1.2relating to natural resources; modifying all-terrain vehicle operating restrictions;
1.3providing for certain regulatory efficiencies; modifying use and designation
1.4of forest trails; modifying invasive species provisions; modifying Water Law;
1.5modifying outdoor recreation system provisions; appropriating money;amending
1.6Minnesota Statutes 2012, sections 13.055, subdivision 5; 17.4982, subdivision
1.718a; 84.027, subdivisions 12, 13a, 14a; 84.0857; 84.925, subdivision 5; 84.926,
1.8subdivision 4; 84D.01, subdivisions 8, 13, 15, 17, 18; 84D.03, as amended;
1.984D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13,
1.10subdivision 5; 86A.09; 86A.11; 89.19, subdivision 2; 97C.821; 103F.121,
1.11subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.615,
1.12subdivision 3a; Minnesota Statutes 2013 Supplement, sections 84.027,
1.13subdivision 13; 84D.10, subdivision 4; repealing Minnesota Statutes 2012,
1.14sections 84.521; 89.01, subdivision 7; 103F.121, subdivisions 3, 4; 103F.165,
1.15subdivision 2.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17    Section 1. Minnesota Statutes 2012, section 13.055, subdivision 5, is amended to read:
1.18    Subd. 5. Coordination with applicable consumer reporting agencies. If the state
1.19agency discovers circumstances requiring notification under this section of more than
1.201,000 individuals at one time, the state agency must also notify, without unreasonable
1.21delay, all applicable consumer reporting agencies that compile and maintain files on
1.22consumers on a nationwide basis, as defined in United States Code, title 15, section 1681a,
1.23of the timing, distribution, and content of the notices.

1.24    Sec. 2. Minnesota Statutes 2012, section 17.4982, subdivision 18a, is amended to read:
1.25    Subd. 18a. Nonindigenous species. "Nonindigenous species" means a species of
1.26fish or other aquatic life that is:
1.27(1) not known to have been historically present in the state;
2.1(2) not known to be naturally occurring in a particular part of the state; or
2.2(3) designated listed by rule as a prohibited or regulated invasive species.

2.3    Sec. 3. Minnesota Statutes 2012, section 84.027, subdivision 12, is amended to read:
2.4    Subd. 12. Property disposal; gift acknowledgment; advertising sales. (a) The
2.5commissioner may give away to members of the public items with a value of less than $50
2.6that are intended to promote conservation of natural resources or create awareness of the
2.7state and its resources or natural resource management programs. The total value of items
2.8given to the public under this paragraph may not exceed $25,000 per year.
2.9(b) (a) The commissioner may recognize the contribution of money or in-kind
2.10services on plaques, signs, publications, audio-visual materials, and media advertisements
2.11by allowing the organization's contribution to be acknowledged in print of readable size.
2.12(c) (b) The commissioner may accept paid advertising for departmental publications.
2.13Advertising revenues received are appropriated to the commissioner to be used to
2.14defray costs of publications, media productions, or other informational materials. The
2.15commissioner may not accept paid advertising from any elected official or candidate
2.16for elective office.

2.17    Sec. 4. Minnesota Statutes 2013 Supplement, section 84.027, subdivision 13, is
2.18amended to read:
2.19    Subd. 13. Game and fish rules. (a) The commissioner of natural resources may
2.20adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
2.21under:
2.22(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
2.23areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
2.24prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
2.25disease, to open or close bodies of water or portions of bodies of water for night bow
2.26fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
2.27(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
2.28roots and wild rice and to restrict or prohibit harvesting in designated areas; and
2.29(3) section 84D.12 to designate list prohibited invasive species, regulated invasive
2.30species, unregulated nonnative species, and infested waters.
2.31(b) If conditions exist that do not allow the commissioner to comply with sections
2.3297A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
2.33based upon current biological and harvest data, the commissioner may adopt a rule
2.34under this subdivision by submitting the rule to the attorney general for review under
3.1section 97A.0455, publishing a notice in the State Register and filing the rule with the
3.2secretary of state and the Legislative Coordinating Commission, and complying with
3.3section 97A.0459, and including a statement of the conditions and a copy of the rule in the
3.4notice. The conditions for opening a water body or portion of a water body for night bow
3.5fishing under this section may include the need to temporarily open the area to evaluate
3.6compatibility of the activity on that body of water prior to permanent rulemaking. The
3.7notice may be published after it is received from the attorney general or five business days
3.8after it is submitted to the attorney general, whichever is earlier.
3.9(c) Rules adopted under paragraph (b) are effective upon publishing in the State
3.10Register and may be effective up to seven days before publishing and filing under
3.11paragraph (b), if:
3.12(1) the commissioner of natural resources determines that an emergency exists;
3.13(2) the attorney general approves the rule; and
3.14(3) for a rule that affects more than three counties the commissioner publishes the
3.15rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
3.16rule that affects three or fewer counties the commissioner publishes the rule once in a legal
3.17newspaper in each of the affected counties.
3.18(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
3.19(3), may not be effective earlier than seven days after publication.
3.20(e) A rule published under paragraph (c), clause (3), may be effective the day the
3.21rule is published if the commissioner gives notice and holds a public hearing on the rule
3.22within 15 days before publication.
3.23(f) The commissioner shall attempt to notify persons or groups of persons affected
3.24by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
3.25other appropriate means as determined by the commissioner.
3.26(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
3.27effective for the period stated in the notice but not longer than 18 months after the rule is
3.28effective.

3.29    Sec. 5. Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:
3.30    Subd. 13a. Game and fish expedited permanent rules. In addition to the authority
3.31granted in subdivision 13, the commissioner of natural resources may adopt rules under
3.32section 14.389 that are authorized under:
3.33    (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
3.34designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
3.35to provide for registration of game or fish, to prevent or control wildlife disease, or to
4.1correct errors or omissions in rules that do not have a substantive effect on the intent or
4.2application of the original rule; or
4.3    (2) section 84D.12 to designate list prohibited invasive species, regulated invasive
4.4species, and unregulated nonnative species.

4.5    Sec. 6. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
4.6    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
4.7and resource management permits be issued or denied within 150 days of the submission
4.8of a permit application. The commissioner of natural resources shall establish management
4.9systems designed to achieve the goal.
4.10(b) The commissioner shall prepare semiannual a permitting efficiency reports
4.11 report that include includes statistics on meeting the goal in paragraph (a). The reports
4.12are report is due February 1 and August 1 each year. For permit applications that have
4.13not met the goal, the report must state the reasons for not meeting the goal. In stating the
4.14reasons for not meeting the goal, the commissioner shall separately identify delays caused
4.15by the responsiveness of the proposer, lack of staff, scientific or technical disagreements,
4.16or the level of public engagement. The report must specify the number of days from
4.17initial submission of the application to the day of determination that the application is
4.18complete. The report for August 1 each year must aggregate the data for the year and
4.19assess whether program or system changes are necessary to achieve the goal. The report
4.20must be posted on the department's Web site and submitted to the governor and the chairs
4.21and ranking minority members of the house of representatives and senate committees
4.22having jurisdiction over natural resources policy and finance.
4.23(c) The commissioner shall allow electronic submission of environmental review
4.24and permit documents to the department.
4.25(d) Beginning July 1, 2011, within 30 business days of application for a permit subject
4.26to paragraph (a), the commissioner of natural resources shall notify the project proposer,
4.27in writing, whether the application is complete or incomplete. If the commissioner
4.28determines that an application is incomplete, the notice to the applicant must enumerate
4.29all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
4.30the applicant on how the deficiencies can be remedied. This paragraph does not apply to
4.31an application for a permit that is subject to a grant or loan agreement under chapter 446A.

4.32    Sec. 7. Minnesota Statutes 2012, section 84.0857, is amended to read:
4.3384.0857 FACILITIES MANAGEMENT ACCOUNT.
5.1    (a) The commissioner of natural resources may bill organizational units within
5.2the Department of Natural Resources and other governmental units, including tribal
5.3governments, for the costs of providing them with building and infrastructure facilities.
5.4Costs billed may include modifications and adaptations to allow for appropriate building
5.5occupancy, building code compliance, insurance, utility services, maintenance, repair, and
5.6other direct costs as determined by the commissioner. Receipts shall be credited to a
5.7special account in the state treasury and are appropriated to the commissioner to pay the
5.8costs for which the billings were made.
5.9    (b) Money deposited in the special account from the proceeds of a sale under section
5.1094.16 , subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
5.11facilities or renovate existing buildings for administrative use or to acquire land for,
5.12design, and construct administrative buildings for the Department of Natural Resources.
5.13(c) The commissioner of natural resources may bill organizational units within
5.14the Department of Natural Resources and other governmental units, including tribal
5.15governments, for the costs of operating facilities. Receipts shall be credited to a special
5.16account in the state treasury and are appropriated to the commissioner to pay the costs
5.17for which the billings were made.

5.18    Sec. 8. Minnesota Statutes 2012, section 84.925, subdivision 5, is amended to read:
5.19    Subd. 5. Training requirements. (a) An individual who was born after July 1,
5.201987, and who is 16 18 years of age or older, must successfully complete the independent
5.21study course component of all-terrain vehicle safety training before operating an all-terrain
5.22vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.
5.23    (b) An individual who is convicted of violating a law related to the operation of an
5.24all-terrain vehicle must successfully complete the independent study course component of
5.25all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
5.26    (c) An individual who is convicted for a second or subsequent excess speed, trespass,
5.27or wetland violation in an all-terrain vehicle season, or any conviction for careless or
5.28reckless operation of an all-terrain vehicle, must successfully complete the independent
5.29study and the testing and operating course components of all-terrain vehicle safety training
5.30before continuing operation of an all-terrain vehicle.
5.31    (d) An individual who receives three or more citations and convictions for violating a
5.32law related to the operation of an all-terrain vehicle in a two-year period must successfully
5.33complete the independent study and the testing and operating course components of
5.34all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
6.1    (e) An individual must present evidence of compliance with this subdivision before
6.2an all-terrain vehicle registration is issued or renewed.

6.3    Sec. 9. Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:
6.4    Subd. 4. Off-road and all-terrain vehicles; limited or managed forests; trails.
6.5Notwithstanding section 84.777, but subject to the commissioner's authority under
6.6subdivision 5, on state forest lands classified as limited or managed, other than the Richard
6.7J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
6.8168 or section 84.798 or 84.922, including class 2 all-terrain vehicles,:
6.9(1) on forest trails designated for off-road vehicle use; and
6.10(2) on forest trails that are not designated for a specific use when:
6.11(1) (i) hunting big game or transporting or installing hunting stands during October,
6.12November, and December, when in possession of a valid big game hunting license;
6.13(2) (ii) retrieving big game in September, when in possession of a valid big game
6.14hunting license;
6.15(3) (iii) tending traps during an open trapping season for protected furbearers, when
6.16in possession of a valid trapping license; or
6.17(4) (iv) trapping minnows, when in possession of a valid minnow dealer, private fish
6.18hatchery, or aquatic farm license.

6.19    Sec. 10. Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:
6.20    Subd. 8. Infested waters. "Infested waters" means waters of the state designated
6.21 listed by the commissioner under sections 84D.03, subdivision 1, and 84D.12.

6.22    Sec. 11. Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:
6.23    Subd. 13. Prohibited invasive species. "Prohibited invasive species" means a
6.24nonnative species that has been designated listed as a prohibited invasive species in a rule
6.25adopted by the commissioner under section 84D.12.

6.26    Sec. 12. Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:
6.27    Subd. 15. Regulated invasive species. "Regulated invasive species" means a
6.28nonnative species that has been designated listed as a regulated invasive species in a rule
6.29adopted by the commissioner under section 84D.12.

6.30    Sec. 13. Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:
7.1    Subd. 17. Unlisted nonnative species. "Unlisted nonnative species" means a
7.2nonnative species that has not been designated listed as a prohibited invasive species, a
7.3regulated invasive species, or an unregulated nonnative species in a rule adopted by the
7.4commissioner under section 84D.12.

7.5    Sec. 14. Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:
7.6    Subd. 18. Unregulated nonnative species. "Unregulated nonnative species" means
7.7a nonnative species that has been designated listed as an unregulated nonnative species in
7.8a rule adopted by the commissioner under section 84D.12.

7.9    Sec. 15. Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter
7.10121, section 10, is amended to read:
7.1184D.03 INFESTED WATERS; RESTRICTED ACTIVITIES.
7.12    Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall
7.13designate list a water of the state as an infested water if the commissioner determines that:
7.14    (1) the water contains a population of an aquatic invasive species that could spread
7.15to other waters if use of the water and related activities are not regulated to prevent this; or
7.16    (2) the water is highly likely to be infested by an aquatic invasive species because it
7.17is connected to a water that contains a population of an aquatic invasive species.
7.18    (b) When determining which invasive species comprise infested waters, the
7.19commissioner shall consider:
7.20    (1) the extent of a species distribution within the state;
7.21    (2) the likely means of spread for a species; and
7.22    (3) whether regulations specific to infested waters containing a specific species
7.23will effectively reduce that species' spread.
7.24    (c) The presence of common carp and curly-leaf pondweed shall not be the basis
7.25for designating listing a water as infested.
7.26    (d) The designation of infested waters by the commissioner shall be by written
7.27order published in the State Register maintain a list of infested waters and provide access
7.28to a copy of the listed waters. Designations Listings are not subject to the rulemaking
7.29provisions of chapter 14 and section 14.386 does not apply.
7.30    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested
7.31waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
7.32(b) and section 97C.341.
8.1    (b) In waters that are designated listed as infested waters, except those designated
8.2 listed because they contain prohibited invasive species of fish or certifiable diseases of fish,
8.3as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:
8.4    (1) commercial taking of wild animals for bait and aquatic farm purposes according
8.5to a permit issued under section 84D.11, subject to rules adopted by the commissioner;
8.6    (2) bait purposes for noncommercial personal use in waters that contain Eurasian
8.7water milfoil, when the infested waters are designated listed solely because they contain
8.8Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
8.9traps not exceeding 16 inches in diameter and 32 inches in length; and
8.10(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
8.11suckers for bait from streams or rivers designated listed as infested waters, by hook and
8.12line for noncommercial personal use. Other provisions that apply to this clause are:
8.13(i) fish taken under this clause must be used on the same body of water where caught
8.14and while still on that water body;
8.15(ii) fish taken under this clause may not be transported live from or off the water body;
8.16(iii) fish harvested under this clause may only be used in accordance with this section;
8.17(iv) any other use of wild animals used for bait from infested waters is prohibited;
8.18(v) fish taken under this clause must meet all other size restrictions and requirements
8.19as established in rules; and
8.20(vi) all species listed under this clause shall be included in the person's daily limit as
8.21established in rules, if applicable.
8.22    (c) Equipment authorized for minnow harvest in a designated listed infested water
8.23by permit issued under paragraph (b) may not be transported to, or used in, any waters
8.24other than waters specified in the permit.
8.25    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
8.26restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
8.27stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an
8.28infested water that is designated listed because it contains invasive fish, invertebrates, or
8.29certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
8.30a commercial licensee operates in an infested water designated listed because it contains
8.31invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
8.32traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
8.33crayfish harvesting in waters designated listed as infested with invasive fish, invertebrates,
8.34or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
8.35the commissioner, as specified in the commercial licensee's license or permit. This tagging
8.36requirement does not apply to commercial fishing equipment used in Lake Superior.
9.1(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
9.2turtle, frog, or crayfish harvesting in an infested water that is designated listed solely
9.3because it contains Eurasian water milfoil must be dried for a minimum of ten days or
9.4frozen for a minimum of two days before they are used in any other waters, except as
9.5provided in this paragraph. Commercial licensees must notify the department's regional
9.6or area fisheries office or a conservation officer before removing nets or equipment from
9.7an infested water designated listed solely because it contains Eurasian water milfoil and
9.8before resetting those nets or equipment in any other waters. Upon notification, the
9.9commissioner may authorize a commercial licensee to move nets or equipment to another
9.10water without freezing or drying, if that water is designated listed as infested solely
9.11because it contains Eurasian water milfoil.
9.12(c) A commercial licensee must remove all aquatic macrophytes from nets and other
9.13equipment before placing the equipment into waters of the state.
9.14(d) The commissioner shall provide a commercial licensee with a current listing of
9.15designated listed infested waters at the time that a license or permit is issued.

9.16    Sec. 16. Minnesota Statutes 2012, section 84D.06, is amended to read:
9.1784D.06 UNLISTED NONNATIVE SPECIES.
9.18    Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic
9.19plant or wild animal species unless:
9.20(1) the person has notified the commissioner in a manner and form prescribed by
9.21the commissioner;
9.22(2) the commissioner has made the classification determination required in
9.23subdivision 2 and designated listed the species as appropriate; and
9.24(3) the introduction is allowed under the applicable provisions of this chapter.
9.25    Subd. 2. Classification. (a) If the commissioner determines that a species for which
9.26a notification is received under subdivision 1 should be classified as a prohibited invasive
9.27species, the commissioner shall:
9.28(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
9.29as a prohibited invasive species; and
9.30(2) notify the person from which the notification was received that the species is
9.31subject to section 84D.04.
9.32(b) If the commissioner determines that a species for which a notification is
9.33received under subdivision 1 should be classified as an unregulated nonnative species,
9.34the commissioner shall:
10.1(1) adopt a rule under section 84D.12, subdivision 3, designating listing the species
10.2as an unregulated nonnative species; and
10.3(2) notify the person from which the notification was received that the species is not
10.4subject to regulation under this chapter.
10.5(c) If the commissioner determines that a species for which a notification is received
10.6under subdivision 1 should be classified as a regulated invasive species, the commissioner
10.7shall notify the applicant that the species is subject to the requirements in section 84D.07.

10.8    Sec. 17. Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:
10.9    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
10.10peace officer may order:
10.11    (1) the removal of aquatic macrophytes or prohibited invasive species from
10.12water-related equipment before it is placed into waters of the state;
10.13    (2) confinement of the water-related equipment at a mooring, dock, or other location
10.14until the water-related equipment is removed from the water;
10.15    (3) removal of water-related equipment from waters of the state to remove prohibited
10.16invasive species if the water has not been designated listed by the commissioner as being
10.17infested with that species; and
10.18    (4) a prohibition on placing water-related equipment into waters of the state when
10.19the water-related equipment has aquatic macrophytes or prohibited invasive species
10.20attached in violation of subdivision 1 or when water has not been drained or the drain plug
10.21has not been removed in violation of subdivision 4.
10.22    (b) An inspector who is not a licensed peace officer may issue orders under
10.23paragraph (a), clauses (1), (3), and (4).

10.24    Sec. 18. Minnesota Statutes 2013 Supplement, section 84D.10, subdivision 4, is
10.25amended to read:
10.26    Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
10.27of the state a person must drain water-related equipment holding water and live wells and
10.28bilges by removing the drain plug before transporting the water-related equipment off
10.29the water access site or riparian property.
10.30    (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
10.31from ballast tanks, bilges, and live wells must be removed or opened while transporting
10.32water-related equipment.
11.1    (c) Emergency response vehicles and equipment may be transported on a public road
11.2with the drain plug or other similar device replaced only after all water has been drained
11.3from the equipment upon leaving the water body.
11.4    (d) Portable bait containers used by licensed aquatic farms, portable bait containers
11.5when fishing through the ice except on waters designated listed infested for viral
11.6hemorrhagic septicemia, and marine sanitary systems are exempt from this subdivision.
11.7    (e) A person must not dispose of bait in waters of the state.
11.8(f) A boat lift, dock, swim raft, or associated equipment that has been removed
11.9from any water body may not be placed in another water body until a minimum of 21
11.10days have passed.
11.11(g) A person who transports water that is appropriated from noninfested surface
11.12water bodies and that is transported by a commercial vehicle, excluding watercraft, or
11.13commercial trailer, which vehicle or trailer is specifically designed and used for water
11.14hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
11.15the transported water to other surface waters or within 100 feet of a surface water body.
11.16(h) A person transporting water from noninfested surface water bodies for
11.17firefighting or emergencies that threaten human safety or property is exempt from
11.18paragraphs (a) and (b).

11.19    Sec. 19. Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:
11.20    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a
11.21permit to allow the harvest of bait:
11.22(1) from waters that are designated listed as infested waters, except those designated
11.23 listed because they contain prohibited invasive species of fish or certifiable diseases of fish
11.24as defined in section 17.4982, subdivision 6; and
11.25(2) from infested waters as allowed under section 97C.341, paragraph (c).
11.26The permit shall include conditions necessary to avoid spreading aquatic invasive
11.27species.
11.28    (b) Before receiving a permit, or working for a permittee, a person annually
11.29must satisfactorily complete aquatic invasive species-related training provided by the
11.30commissioner.

11.31    Sec. 20. Minnesota Statutes 2012, section 84D.12, is amended to read:
11.3284D.12 RULES.
11.33    Subdivision 1. Required rules. The commissioner shall adopt rules:
12.1    (1) designating listing prohibited invasive species, regulated invasive species, and
12.2unregulated nonnative species of aquatic plants and wild animals;
12.3    (2) governing the application for and issuance of permits under this chapter, which
12.4rules may include a fee schedule; and
12.5    (3) governing notification under section 84D.08.
12.6    Subd. 2. Authorized rules. The commissioner may adopt rules:
12.7(1) regulating the possession, importation, purchase, sale, propagation, transport,
12.8and introduction of invasive species of aquatic plants and wild animals; and
12.9(2) regulating the appropriation, use, and transportation of water from listed infested
12.10waters.
12.11    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027,
12.12subdivision 13
, that designate list:
12.13    (1) prohibited invasive species of aquatic plants and wild animals;
12.14    (2) regulated invasive species of aquatic plants and wild animals; and
12.15    (3) unregulated nonnative species of aquatic plants and wild animals.

12.16    Sec. 21. Minnesota Statutes 2012, section 84D.13, subdivision 5, is amended to read:
12.17    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
12.18the following penalty amounts:
12.19    (1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
12.20    (2) for placing or attempting to place into waters of the state water-related equipment
12.21that has aquatic macrophytes attached, $200;
12.22    (3) for unlawfully possessing or transporting a prohibited invasive species other
12.23than an aquatic macrophyte, $500;
12.24    (4) for placing or attempting to place into waters of the state water-related equipment
12.25that has prohibited invasive species attached when the waters are not designated listed by
12.26the commissioner as being infested with that invasive species, $500;
12.27    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
12.28prescribed by rule, Eurasian water milfoil, $100;
12.29    (6) for failing to have drain plugs or similar devices removed or opened while
12.30transporting water-related equipment or for failing to remove plugs, open valves, and
12.31drain water from water-related equipment, other than marine sanitary systems, before
12.32leaving waters of the state, $100; and
12.33    (7) for transporting infested water off riparian property without a permit as required
12.34by rule, $200.
13.1(b) A civil citation that is issued to a person who has one or more prior convictions
13.2or final orders for violations of this chapter is subject to twice the penalty amounts listed
13.3in paragraph (a).

13.4    Sec. 22. Minnesota Statutes 2012, section 86A.09, is amended to read:
13.586A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.
13.6    Subdivision 1. Master plan required. No construction of new facilities or other
13.7development of an authorized unit, other than repairs and maintenance, shall commence
13.8until the managing agency has prepared and submitted to the commissioner of natural
13.9resources and the commissioner has reviewed, pursuant to this section, a master plan for
13.10administration of the unit in conformity with this section. No master plan is required for
13.11wildlife management areas that do not have resident managers, for scientific and natural
13.12areas, for water access sites, for aquatic management areas, for rest areas, or for boater
13.13waysides.
13.14    Subd. 2. Master plan; preparation and content public review. The managing
13.15agency shall supervise preparation of the master plan and shall utilize the professional
13.16staffs of any agency of the state when the expertise of the staff of such agency is necessary
13.17to adequately prepare the master plan; the master plan shall present the information in
13.18a format and detail that is appropriate to the size and complexity of the authorized unit.
13.19When the master plan has been completed the managing agency shall announce to the
13.20public in a manner reasonably designed to inform interested persons that the master plan is
13.21available for public review and in the case of any major unit shall hold at least one public
13.22hearing meeting on the plan in the vicinity of the unit. The managing agency shall make
13.23the master plan available for review and comment by the public and other state agencies
13.24for at least 30 days following the announcement and before submitting the master plan to
13.25the commissioner of natural resources. Copies of the plan shall be provided to members of
13.26the Outdoor Recreation Advisory Council and to any other person on request approval.
13.27    Subd. 3. Master plan; review and approval content. All master plans required
13.28by this section shall be submitted to the commissioner of natural resources for review
13.29pursuant to this subdivision. The commissioner of natural resources shall review the
13.30master plan to determine whether the plan: (a) provides:
13.31(1) provide for administration of the unit in a manner that is consistent with the
13.32purposes for which the unit was authorized and with the principles governing the
13.33administration of the unit, as specified in section 86A.05 and the statutes relating to each
13.34type of unit; and
14.1(b) recognizes (2) recognize values and resources within the unit that are primarily
14.2the responsibility of another managing agency to protect or develop, and provides provide
14.3 for their protection or development either through a cooperative agreement with the other
14.4managing agency or through designation of the appropriate area as a secondary unit. In
14.5reviewing any master plan, the commissioner of natural resources shall consult with
14.6other state agencies. Within 60 days after receiving the master plan, the commissioner of
14.7natural resources shall notify the managing agency that the plan has been reviewed and
14.8forward its recommendations for any changes it might suggest. The managing agency
14.9shall review the recommendations and notify the commissioner of natural resources of the
14.10disposition made of them. Failure to comment on a master plan within the time specified
14.11shall be considered approval of the plan by the commissioner of natural resources. If the
14.12commissioner of natural resources feels that the master plan still fails significantly to
14.13comply with this subdivision, the commissioner may request review of the master plan by
14.14the governor. In that event review shall not be deemed completed until after the master
14.15plan has been approved by the governor or 60 days have elapsed without action by the
14.16governor to approve or reject the plan, whichever occurs first.
14.17    Subd. 4. Development. Construction of necessary facilities and other development
14.18of the unit shall commence as soon as practicable after review of the master plan by the
14.19commissioner of natural resources, and the governor if requested, and shall be carried out
14.20in conformity with the master plan.
14.21    Subd. 5. Establishment. When, in the opinion of the managing agency,
14.22acquisition and development of the unit are sufficiently complete to permit operation and
14.23administration of the unit in substantial conformity with the master plan as approved, the
14.24managing agency shall declare the unit established and ready for use.
14.25    Subd. 6. Master plan amendment. The managing agency shall prepare an
14.26amendment to a master plan to address changes proposed for a unit that would vary
14.27from the approved master plan. The master plan amendment shall address the impacts
14.28of the proposed changes to the natural and cultural resources, interpretive services,
14.29recreational opportunities, and administrative activities at the unit. The master plan
14.30amendment supersedes the master plan for those areas addressed by the amendment. The
14.31managing agency shall hold a public meeting for master plan amendments that constitute a
14.32significant change in public use or access to the unit or that may be controversial. Public
14.33notice and approval of the master plan amendment shall follow the process described in
14.34subdivision 2. Construction of necessary facilities and other development of the unit shall
14.35commence as soon as practicable after the master plan amendment is adopted.

15.1    Sec. 23. Minnesota Statutes 2012, section 86A.11, is amended to read:
15.286A.11 REGISTRY OF UNITS.
15.3The commissioner of natural resources and the director of the Minnesota Historical
15.4Society shall each compile and maintain a current registry of the name, location, size,
15.5and description of all units of the outdoor recreation system under the commissioner's
15.6jurisdiction and under the jurisdiction of the Minnesota Historical Society and the
15.7commissioner of transportation. The commissioner of natural resources their respective
15.8jurisdictions, and shall publish and distribute the information contained in the registry in
15.9a form and manner suitable to assist persons wishing to use these units. The Minnesota
15.10Historical Society and the commissioner of transportation shall cooperate with and assist
15.11the commissioner of natural resources in preparing and distributing the registry.

15.12    Sec. 24. Minnesota Statutes 2012, section 89.19, subdivision 2, is amended to read:
15.13    Subd. 2. Rulemaking exemption. Designations of forest trails and changes to the
15.14designations by the commissioner shall be by written order published in the State Register.
15.15Designations and changes to designations are not subject to the rulemaking provisions of
15.16chapter 14 and section 14.386 does not apply. Before designating or changing a designation
15.17of forest trails, the commissioner shall issue a statewide Department of Natural Resources
15.18news release describing the proposed changes, provide a 30-day public comment period,
15.19and hold a public meeting in the county where the largest portion of the forest lands
15.20are located to provide information to and receive comment from the public regarding
15.21the proposed trail designation or change in designation. Sixty days before the public
15.22meeting, notice of the proposed forest trail designation or change in designation shall be
15.23published in the legal newspapers that serve the counties in which the lands are located, in
15.24a statewide Department of Natural Resources news release, and in the State Register.

15.25    Sec. 25. Minnesota Statutes 2012, section 97C.821, is amended to read:
15.2697C.821 POSSESSION, SALE, AND TRANSPORTATION OF
15.27COMMERCIAL FISH.
15.28Subject to the applicable provisions of the game and fish laws, fish taken under
15.29commercial fishing licenses may be possessed in any quantity, bought, sold, and
15.30transported at any time. Commercial fishing licensees may transport their catch live to
15.31holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
15.32licensees may harvest fish from their holding facilities at any time with their licensed gear.
15.33The commissioner may prohibit the transport of live fish taken under a commercial fishing
16.1license from waters that contain nonnative species, are designated listed as infested waters,
16.2or are infected with any certifiable disease.

16.3    Sec. 26. Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:
16.4    Subd. 2. Adoption procedure. (a) The commissioner, upon determining that
16.5sufficient technical information is available for the delineation of floodplains and
16.6floodways on a watercourse, shall may notify affected local governmental units that
16.7technical information is available. Within six months after receiving this notice, The local
16.8governmental units shall prepare or amend their floodplain management ordinances in
16.9conformance with the provisions of sections 103F.101 to 103F.155 and shall submit the
16.10ordinance to the commissioner for review and approval before adoption.
16.11(b) The commissioner shall approve or disapprove the proposed ordinance within
16.12120 days after receiving it.
16.13(c) If the proposed ordinance is disapproved, the commissioner shall return it to the
16.14local governmental unit with a written statement of reasons for disapproval. Within 90
16.15days after disapproval, the local governmental unit shall resubmit an amended proposed
16.16ordinance for further review and approval before adoption. The local governmental unit
16.17shall adopt a floodplain management ordinance within 90 days after approval by the
16.18commissioner.
16.19(d) A floodplain management ordinance adopted by a local governmental unit is
16.20invalid unless it is approved by the commissioner.
16.21(e) A local governmental unit may adopt a floodplain management ordinance in the
16.22absence of notification by the commissioner that the required technical data is available,
16.23provided that any such ordinance is submitted to the commissioner prior to its adoption
16.24for approval.
16.25(f) A local governmental unit may adopt a floodplain management ordinance that is
16.26more restrictive than required under sections 103F.101 to 103F.155.
16.27(g) Floodplain management ordinances may be amended by a local governmental
16.28unit upon the approval of the commissioner.

16.29    Sec. 27. Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:
16.30    Subd. 5. Major Alterations and hazardous uses prohibited. (a) If a floodplain
16.31has been delineated by a floodplain management ordinance under sections 103F.101
16.32to 103F.155, a major alteration to a structure in existence on the effective date of the
16.33ordinance or a new fill, structure, deposit, or other floodplain use that is unreasonably
16.34hazardous to the public or that unduly restricts the capacity of the floodplain to carry and
17.1discharge a regional flood not in accordance with the local governmental unit's adopted
17.2floodplain management ordinance may not be permitted after the effective date of the
17.3ordinance delineating the floodplain.
17.4(b) As used in this subdivision, major alterations of existing structures do not include
17.5repair or maintenance and do not include repairs, maintenance, or alterations to structures
17.6made under the authority of another authorized agency of the state or federal government.
17.7(c) (b) This subdivision does not apply to alterations, repair, or maintenance
17.8reasonably done under emergency circumstances to preserve or protect life or property.
17.9(d) (c) This subdivision applies to alterations to existing structures and to new fill,
17.10structures, deposits, or other floodplain uses by the state and state agencies.

17.11    Sec. 28. Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:
17.12    Subd. 3. Application for flood insurance. Within 120 days After receiving notice
17.13of inclusion on the amended list, from the commissioner or the Federal Emergency
17.14Management Agency that flood hazard areas have been identified, each local governmental
17.15unit shall is encouraged to apply for participation in the national flood insurance program
17.16in the manner prescribed by federal laws and regulations.

17.17    Sec. 29. Minnesota Statutes 2012, section 103G.245, subdivision 2, is amended to read:
17.18    Subd. 2. Exceptions. A public waters work permit is not required for:
17.19(1) work in altered natural watercourses that are part of drainage systems established
17.20under chapter 103D or 103E if the work in the waters is undertaken according to chapter
17.21103D or 103E; or
17.22(2) a drainage project for a drainage system established under chapter 103E that does
17.23not substantially affect public waters; or.
17.24(3) removal of debris, including logs that are at or near the water surface, dead
17.25trees and branches, and trash, that does not alter the original alignment, slope, or cross
17.26section of the waters.

17.27    Sec. 30. Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:
17.28    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
17.29management permit" means an aquatic plant management permit as defined in rules of the
17.30Department of Natural Resources that authorizes the selective control of invasive aquatic
17.31plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
17.32the invasive aquatic plant.
18.1(b) The commissioner may waive the dated signature of approval requirement in rules
18.2of the Department of Natural Resources for invasive aquatic plant management permits if
18.3obtaining signatures would create an undue burden on the permittee or if the commissioner
18.4determines that aquatic plant control is necessary to protect natural resources.
18.5(c) If the signature requirement is waived under paragraph (b) because obtaining
18.6signatures would create an undue burden on the permittee, the commissioner shall require
18.7an alternate form of landowner notification, including news releases or public notices in
18.8a local newspaper, a public meeting, or a mailing to the most recent permanent address
18.9of affected landowners. The notification must be given annually and must include: the
18.10proposed date of treatment, the target species, the method of control or product being
18.11used, and instructions on how the landowner may request that control not occur adjacent
18.12to the landowner's property.
18.13(d) The commissioner may allow dated signatures of approval obtained for an
18.14invasive aquatic plant management permit to satisfy rules of the Department of Natural
18.15Resources to remain valid for three years if property ownership remains unchanged.

18.16    Sec. 31. MINNESOTA RIVER VALLEY; MASTER PLAN.
18.17The commissioner of natural resources shall develop a master plan in accordance
18.18with Minnesota Statutes, section 86A.09, to conserve the natural and cultural resources of
18.19the Minnesota River Valley area in Redwood and Renville Counties and to provide for the
18.20shared use, enjoyment, and understanding of these resources through a broad selection
18.21of outdoor recreational opportunities and recreational travel routes that connect units of
18.22the outdoor recreation system in the river valley. The plan shall address the impacts
18.23to the natural and cultural resources, interpretive services, recreational opportunities,
18.24and administrative activities in the area and also provide recommendations on the unit
18.25designation of the area under the Outdoor Recreation Act.

18.26    Sec. 32. REVISOR'S INSTRUCTION.
18.27The revisor of statutes shall delete the term in column A and insert the term in
18.28column B in Minnesota Rules, parts 6216.0100, 6216.0250, 6216.0260, 6216.0270,
18.296216.0290, 6216.0300, 6216.0400, 6216.0500, and 6260.0300.
18.30
Column A
Column B
18.31
designate
list
18.32
designated
listed
18.33
designation
listing
18.34
designating
listing

19.1    Sec. 33. REPEALER.
19.2Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121,
19.3subdivisions 3 and 4; and 103F.165, subdivision 2, are repealed.
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