Bill Text: MN SF1115 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus natural resources policy provisions modification
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-27 - Governor approval [SF1115 Detail]
Download: Minnesota-2011-SF1115-Introduced.html
Bill Title: Omnibus natural resources policy provisions modification
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-27 - Governor approval [SF1115 Detail]
Download: Minnesota-2011-SF1115-Introduced.html
1.2relating to natural resources; modifying nonnative species provisions; modifying
1.3requirements for permits to control or harvest aquatic plants; providing criminal
1.4penalties and civil penalties;amending Minnesota Statutes 2010, sections
1.584D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision
1.66; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11,
1.7subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2;
1.8103G.615, subdivision 1, by adding a subdivision; proposing coding for new law
1.9in Minnesota Statutes, chapters 84D; 86B; repealing Minnesota Statutes 2010,
1.10section 84D.02, subdivision 4.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
1.13 Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
1.14nonnative species into a free-living state. Introduce does not include:
1.15(1) the immediate return of a nonnative species to waters of the state from which the
1.16nonnative species was removed; or
1.17(2) the seasonal return of nonnative species attached to water-related equipment,
1.18such as a dock or boat lift, that has been stored on riparian property and directly returned
1.19to the same waters of the state from which the water-related equipment was removed.
1.20 Sec. 2. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
1.21to read:
1.22 Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
1.23determine whether aquatic invasive species, aquatic macrophytes, or water is present and
1.24includes removal, drainage, decontamination, or treatment to prevent the transportation
1.25and spread of aquatic invasive species, aquatic macrophytes, and water.
2.1 Sec. 3. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.2to read:
2.3 Subd. 8c. Inspector. "Inspector" means an individual trained and authorized by
2.4the commissioner to inspect water-related equipment, a conservation officer, or a licensed
2.5peace officer.
2.6 Sec. 4. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.7to read:
2.8 Subd. 15a. Service provider. "Service provider" means an individual who installs
2.9or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers,
2.10or other water-related equipment or structures from waters of the state for compensation.
2.11 Sec. 5. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
2.12 Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
2.13carried or moved into or within the state, and includes accepting or receiving the species
2.14for transportation or shipment. Transport does not include:
2.15(1) thetransport movement of infested water or a nonnative species within a water
2.16of the state or to a connected water of the state where the species being transported is
2.17already present.; or
2.18(2) the movement of a nonnative species attached to water-related equipment or
2.19other water-related structures from a water of the state to the shore of riparian property on
2.20that water or the return of water-related equipment or structures from the shore into the
2.21same water of the state.
2.22 Sec. 6. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.23to read:
2.24 Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
2.25vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
2.26any other associated equipment or container, including but not limited to portable bait
2.27containers, live wells, ballast tanks except for those vessels permitted under the Pollution
2.28Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
2.29is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
2.30or water.
2.31 Sec. 7. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
3.1 Subd. 21. Wild animal. "Wild animal"means a living creature, not human, wild by
3.2nature, endowed with sensation and power of voluntary motion has the meaning given
3.3under section 97A.015, subdivision 55.
3.4 Sec. 8. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
3.5 Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
3.6report on invasive species of aquatic plants and wild animals to the legislative committees
3.7having jurisdiction over environmental and natural resource issues. The report must
3.8include:
3.9(1) detailed information on expenditures for administration, education, management,
3.10inspections, and research;
3.11(2) an analysis of the effectiveness of management activities conducted in the state,
3.12including chemical control, harvesting, educational efforts, and inspections;
3.13(3) information on the participation of other state agencies, local government units,
3.14and interest groups in control efforts;
3.15(4) information on the progress made in the management of each species; and
3.16(5) an assessment of future management needs and additional measures to protect
3.17the state's water resources from human transport and introduction of invasive species.
3.18 Sec. 9. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
3.19 Subd. 3. Bait harvest from infested waters. (a)The Taking of wild animals from
3.20infested waters for bait or aquatic farm purposes is prohibited, except as provided in
3.21paragraph (b) and section 97C.341.
3.22(b) In waters that are designated as infested waters, except those designated because
3.23they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
3.24under section 17.4982, subdivision 6,the taking of wild animals may be permitted for:
3.25(1) commercial taking of wild animals for bait and aquatic farm purposes according
3.26to a permit issued under section84D.11 , subject to rules adopted by the commissioner; and
3.27(2) bait purposes for noncommercial personal use in waters that contain Eurasian
3.28water milfoil, when the infested waters are designated solely because they contain
3.29Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
3.30traps not exceeding 16 inches in diameter and 32 inches in length.
3.31(c) Equipment authorized for minnow harvest in a designated infested water by
3.32permit issued under paragraph (b) may not be transported to, or used in, any waters other
3.33than waters specified in the permit.
4.1 Sec. 10. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
4.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
4.3restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
4.4stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
4.5an infested water that is designated because it contains invasive fish, invertebrates, or
4.6certifiable diseases, as defined in section17.4982 , may not be used in any other waters. If
4.7a commercial licensee operates inboth an infested water designated because it contains
4.8invasive fish, invertebrates, or certifiable diseases, as defined in section17.4982 , and other
4.9waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.10turtle, frog, or crayfish harvesting in watersnot designated as infested with invasive fish,
4.11invertebrates, or certifiable diseases, as defined in section17.4982 , must be tagged with
4.12tags provided by the commissioner, as specified in the commercial licensee's license or
4.13permit, and may not be used in infested waters designated because the waters contain
4.14invasive fish, invertebrates, or certifiable diseases, as defined in section
17.4982
4.15tagging requirement does not apply to commercial fishing equipment used in Lake
4.16Superior.
4.17(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.18turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
4.19contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
4.20minimum of two days before they are used in any other waters, except as provided in this
4.21paragraph. Commercial licensees must notify the department's regional or area fisheries
4.22office or a conservation officer before removing nets or equipment from an infested water
4.23designated solely because it contains Eurasian water milfoil and before resetting those
4.24nets or equipment in any other waters. Upon notification, the commissioner may authorize
4.25a commercial licensee to move nets or equipment to another water without freezing or
4.26drying, if that water is designated as infested solely because it contains Eurasian water
4.27milfoil.
4.28(c) A commercial licensee must remove all aquatic macrophytes from nets and other
4.29equipment when the nets and equipment are removed from waters of the state.
4.30(d) The commissioner shall provide a commercial licensee with a current listing of
4.31designated infested waters at the time that a license or permit is issued.
4.32 Sec. 11. Minnesota Statutes 2010, section 84D.09, is amended to read:
4.3384D.09 AQUATIC MACROPHYTES.
4.34 Subdivision 1. Transportation prohibited. A person may not transport aquatic
4.35macrophyteson any state forest road as defined by section
89.001, subdivision 14, any
5.1road or highway as defined in section
160.02, subdivision 26, or any other public road,
5.2except as provided in this section.
5.3 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
5.4aquatic macrophytes:
5.5(1) that are duckweeds in the family Lemnaceae;
5.6(2) for disposal as part of a harvest or control activity conducted under an aquatic
5.7plant management permit pursuant to section103G.615 , under permit pursuant to section
5.884D.11
, or as specified by the commissioner;
5.9(3) for purposes of constructing shooting or observation blinds in amounts sufficient
5.10for that purpose, provided that the aquatic macrophytes are emergent and cut above the
5.11waterline;
5.12(4) when legally purchased or traded by or from commercial or hobbyist sources for
5.13aquarium, wetland or lakeshore restoration, or ornamental purposes;
5.14(5) when harvested for personal or commercial use if in a motor vehicle;
5.15(6) to the department, or another destination as the commissioner may direct, in a
5.16sealed container for purposes of identifying a species or reporting the presence of a species;
5.17(7) when transporting commercial aquatic plant harvesting or control equipment to a
5.18suitable location for purposes of cleaning any remaining aquatic macrophytes;
5.19(8) that are wild rice harvested under section84.091 ; or
5.20(9) in the form of fragments of emergent aquatic macrophytes incidentally
5.21transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
5.22season.; or
5.23(10) when removing water-related equipment from waters of the state for purposes
5.24of cleaning off aquatic macrophytes before leaving a water access site.
5.25 Sec. 12. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
5.26 Subdivision 1. Launching prohibited. A person may not place or attempt to
5.27place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
5.28equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
5.29attached except as provided in this section.
5.30 Sec. 13. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
5.31 Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
5.32peace officer may order:
5.33(1) the removal of aquatic macrophytes or prohibited invasive species froma trailer
5.34or watercraft water-related equipment before it is placed into waters of the state;
6.1(2) confinement of thewatercraft water-related equipment at a mooring, dock, or
6.2other location until thewatercraft water-related equipment is removed from the water; and
6.3(3) removal ofa watercraft water-related equipment from waters of the state
6.4to remove prohibited invasive species if the water has not been designated by the
6.5commissioner as being infested with that species.; and
6.6(4) a prohibition on placing water-related equipment into waters of the state when
6.7the water-related equipment has aquatic macrophytes or prohibited invasive species
6.8attached in violation of subdivision 1 or when water has not been drained or the drain plug
6.9has not been removed in violation of subdivision 4.
6.10(b) An inspector who is not a licensed peace officer may issue orders under
6.11paragraph (a), clauses (1), (3), and (4).
6.12 Sec. 14. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
6.13 Subd. 4. Personsleaving public waters; report transporting water-related
6.14equipment. (a)A person When leaving waters of the state a person must drain
6.15boating-related water-related equipment holding water and live wells and bilges by
6.16removing the drain plug before transporting thewatercraft and associated water-related
6.17equipmenton public roads off the water access site or riparian property.
6.18(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
6.19from ballast tanks, bilges, and live wells must be removed or opened while transporting
6.20watercraft on a public road water-related equipment.
6.21(c) Emergency response vehicles and equipment may be transported on a public road
6.22with the drain plug or other similar device replaced only after all water has been drained
6.23from the equipment upon leaving the water body.
6.24(d) Marine sanitary systemsand portable bait containers are excluded exempt from
6.25thisrequirement subdivision.
6.26(e) A person must not dispose of bait in waters of the state.
6.27(b) The commissioner shall report, by January 15 of each odd-numbered year, to
6.28the chairs and ranking minority members of the house of representatives and senate
6.29committees and divisions having jurisdiction over water resources policy and finance. The
6.30report shall advise the legislature on additional measures to protect state water resources
6.31from human transport of invasive species.
6.32 Sec. 15. [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED
6.33EQUIPMENT.
7.1 Subdivision 1. Compliance inspections. Compliance with aquatic invasive species
7.2inspection requirements is an express condition of operating or transporting water-related
7.3equipment. An inspector may prohibit an individual who refuses to allow an inspection of
7.4the individual's water-related equipment or who refuses to remove and dispose of aquatic
7.5invasive species, aquatic macrophytes, and water from placing or operating water-related
7.6equipment in waters of the state.
7.7 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
7.8individuals to inspect water-related equipment for aquatic macrophytes, aquatic
7.9invasive species, and water. Inspectors may visually and tactilely inspect watercraft
7.10and water-related equipment to determine whether aquatic invasive species, aquatic
7.11macrophytes, or water is present. If a person transporting watercraft or water-related
7.12equipment refuses to take required corrective actions or fails to comply with an order
7.13under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall
7.14refer the violation to a conservation officer or other licensed peace officer.
7.15(b) In addition to paragraph (a), a conservation officer or other licensed peace officer
7.16may inspect any watercraft or water-related equipment that is stopped at a water access
7.17site or stopped at any other location in the state if the officer determines there is reason
7.18to believe that aquatic invasive species, aquatic macrophytes, or water is present on the
7.19watercraft or water-related equipment.
7.20(c) Conservation officers or other licensed peace officers may utilize check stations
7.21in locations, or in proximity to locations, where watercraft or other water-related
7.22equipment is placed into or removed from waters of the state. Any check stations shall be
7.23operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
7.24 Sec. 16. [84D.108] SERVICE PROVIDER PERMIT.
7.25 Subdivision 1. Service provider permit required. (a) Service providers must apply
7.26for and obtain a permit from the commissioner before providing any services described in
7.27section 84D.01, subdivision 15a.
7.28(b) Service providers must have a valid permit in possession while providing
7.29services described in section 84D.01, subdivision 15a.
7.30 Subd. 2. Permit requirements. (a) Service providers must complete invasive
7.31species training provided by the commissioner and pass an examination to qualify for a
7.32permit. Service provider permits are valid for three calendar years.
7.33(b) A $50 application and testing fee is required for service provider permit
7.34applications.
8.1 Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
8.2revoke a permit as provided in section 84D.11, subdivision 3.
8.3 Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
8.4in section84D.11 , subdivision 4.
8.5 Sec. 17. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
8.6 Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
8.7a permit to allow the harvest of bait from waters that are designated as infested waters,
8.8except those designated because they contain prohibited invasive species of fish. The
8.9permit shall include conditions necessary to avoid spreading aquatic invasive species.
8.10(b) Before receiving a permit, or working for a permittee, a person annually
8.11must satisfactorily complete aquatic invasive species-related training provided by the
8.12commissioner.
8.13 Sec. 18. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
8.14 Subd. 3. Criminal penalties. (a) A person who violates a provision ofsection
8.15sections84D.03 or
84D.06 ,
84D.07,
84D.08, or
84D.10
8.16section84D.12 , is guilty of a misdemeanor.
8.17(b) A person who possesses, transports, or introduces a prohibited invasive species in
8.18violation of section84D.05 is guilty of a misdemeanor. A person who imports, purchases,
8.19sells, or propagates a prohibited invasive species in violation of section84D.05 is guilty
8.20of a gross misdemeanor.
8.21(c) A person who refuses to obey an order of a peace officer or conservation officer
8.22to remove prohibited invasive species or aquatic macrophytes from anywatercraft, trailer,
8.23or plant harvesting water-related equipment is guilty of a gross misdemeanor.
8.24 Sec. 19. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
8.25 Subd. 4. Warnings; civil citations. After appropriate training, conservation
8.26officers, other licensed peace officers, and other department personnel designated by the
8.27commissioner may issue warnings or citations to a person who:
8.28 (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
8.29 (2) unlawfully places or attempts to place into waters of the statea trailer, a
8.30watercraft, or plant harvesting water-related equipment that has aquatic macrophytes
8.31or prohibited invasive species attached;
8.32 (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
8.33by rule, Eurasian water milfoil;
9.1 (4) fails to remove plugs, open valves, and drain water, as required by rule, from
9.2watercraft and water-related equipment before leaving designated zebra mussel, spiny
9.3water flea, or other invasive plankton infested waters of the state or when transporting
9.4water-related equipment as provided in section 84D.10, subdivision 4; or
9.5 (5) transports infested water, in violation of rule, off riparian property.
9.6 Sec. 20. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
9.7 Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
9.8the following penalty amounts:
9.9(1) for transporting aquatic macrophyteson a forest road as defined by section
9.1089.001, subdivision 14, road or highway as defined by section
160.02, subdivision 26, or
9.11any other public road, $50 in violation of section 84D.09, $100;
9.12(2) for placing or attempting to place into waters of the statea watercraft, a trailer, or
9.13aquatic plant harvesting water-related equipment that has aquatic macrophytes attached,
9.14$100 $200;
9.15(3) for unlawfully possessing or transporting a prohibited invasive species other
9.16than an aquatic macrophyte,$250 $500;
9.17(4) for placing or attempting to place into waters of the statea watercraft, a trailer,
9.18or aquatic plant harvesting water-related equipment that has prohibited invasive species
9.19attached when the waters are not designated by the commissioner as being infested with
9.20that invasive species, $500for the first offense and $1,000 for each subsequent offense;
9.21(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
9.22prescribed by rule, Eurasian water milfoil, $100;
9.23(6) for failing to remove plugs, open valves, and drain water, as required by rule,
9.24for infested waters and from watercraft and water-related equipment, other than marine
9.25sanitary systemsand portable bait containers, before leaving waters of the state, $50 or
9.26when transporting water-related equipment as provided in section 84D.10, subdivision 4,
9.27$100; and
9.28(7) for transporting infested water off riparian property without a permit as required
9.29by rule, $200.
9.30(b) A civil citation that is issued to a person who has one or more prior convictions
9.31or final orders for violations of this chapter is subject to twice the penalty amounts listed
9.32in paragraph (a).
9.33 Sec. 21. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
10.1 Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
10.2for up to a year, the watercraft license of an owner or person in control of a watercraft
10.3or trailer who refuses to submit to an inspection under section84D.02, subdivision 4,
10.484D.105 or who refuses to comply with a removal order given under this section84D.13
10.5 Sec. 22. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
10.6 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
10.7license suspension is effective 30 days after issuance of the civil citation. A civil penalty
10.8collected under this sectionis payable to must be paid to either: (1) the commissioner
10.9if the citation was issued by a conservation officer and must be credited to the invasive
10.10species account.; or (2) the treasury of the unit of government employing the officer who
10.11issued the civil citation.
10.12 Sec. 23. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
10.13 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
10.14section86B.415, subdivision 7 , and civil penalties under section
84D.13, and service
10.15provider permits under section 84D.108, shall be deposited in the invasive species account.
10.16Each year, the commissioner of management and budget shall transfer from the game and
10.17fish fund to the invasive species account, the annual surcharge collected on nonresident
10.18fishing licenses under section97A.475, subdivision 7 , paragraph (b). In fiscal years 2010
10.19and 2011, the commissioner of management and budget shall transfer $725,000 from the
10.20water recreation account under section
86B.706 to the invasive species account.
10.21 Sec. 24. [86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
10.22(a) A watercraft owner or operator must obtain and display an aquatic invasive
10.23species rules decal issued by the commissioner on the owner or operator's watercraft prior
10.24to launching on, entering into, or operating on any waters of the state.
10.25(b) The aquatic invasive species rules decal must be attached to the watercraft so as
10.26to be in full view of the operator.
10.27 Sec. 25. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
10.28 Subdivision 1.Authorization Issuance; validity. (a) The commissioner may issue
10.29permits, with or without a fee, to:
10.30(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
10.31waters;
10.32(2) transplant aquatic plants into public waters;
11.1(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
11.2under prescribed conditions to protect the waters, desirable species of fish, vegetation,
11.3other forms of aquatic life, and the public.
11.4(b) Application for a permit must be accompanied by a permit fee, if required.
11.5(c) An aquatic plant management permit is valid for one growing season and expires
11.6on December 31 of the year it is issued unless the commissioner stipulates a different
11.7expiration date in rule or in the permit.
11.8 Sec. 26. Minnesota Statutes 2010, section 103G.615, is amended by adding a
11.9subdivision to read:
11.10 Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
11.11management permit" means an aquatic plant management permit as defined in Minnesota
11.12Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic
11.13plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
11.14the invasive aquatic plant.
11.15(b) The commissioner may waive the dated signature of approval requirement in
11.16Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management
11.17permits if obtaining signatures would create an undue burden on the permittee or if
11.18the commissioner determines that aquatic plant control is necessary to protect natural
11.19resources.
11.20(c) If the signature requirement is waived under paragraph (b) because obtaining
11.21signatures would create an undue burden on the permittee, the commissioner shall require
11.22an alternate form of landowner notification, including news releases or public notices in
11.23a local newspaper, a public meeting, or a mailing to the most recent permanent address
11.24of affected landowners. The notification must be given annually and must include: the
11.25proposed date of treatment, the target species, the method of control or product being
11.26used, and instructions on how the landowner may request that control not occur adjacent
11.27to the landowner's property.
11.28(d) For an invasive aquatic plant management permit, the commissioner may allow
11.29dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart
11.301a, to remain valid for three years if property ownership remains unchanged.
11.31 Sec. 27. TEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
11.32SPECIES RULES DECAL.
11.33A violation of Minnesota Statutes, section 86B.508, prior to July 1, 2012, shall not
11.34result in a penalty, but is punishable only by a warning.
12.1 Sec. 28. REPEALER.
12.2Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.
12.3 Sec. 29. EFFECTIVE DATE.
12.4Sections 1 to 15, 18 to 23, and 25 to 28 are effective the day following final
12.5enactment.
1.3requirements for permits to control or harvest aquatic plants; providing criminal
1.4penalties and civil penalties;amending Minnesota Statutes 2010, sections
1.584D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision
1.66; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11,
1.7subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2;
1.8103G.615, subdivision 1, by adding a subdivision; proposing coding for new law
1.9in Minnesota Statutes, chapters 84D; 86B; repealing Minnesota Statutes 2010,
1.10section 84D.02, subdivision 4.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
1.13 Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
1.14nonnative species into a free-living state. Introduce does not include:
1.15(1) the immediate return of a nonnative species to waters of the state from which the
1.16nonnative species was removed; or
1.17(2) the seasonal return of nonnative species attached to water-related equipment,
1.18such as a dock or boat lift, that has been stored on riparian property and directly returned
1.19to the same waters of the state from which the water-related equipment was removed.
1.20 Sec. 2. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
1.21to read:
1.22 Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
1.23determine whether aquatic invasive species, aquatic macrophytes, or water is present and
1.24includes removal, drainage, decontamination, or treatment to prevent the transportation
1.25and spread of aquatic invasive species, aquatic macrophytes, and water.
2.1 Sec. 3. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.2to read:
2.3 Subd. 8c. Inspector. "Inspector" means an individual trained and authorized by
2.4the commissioner to inspect water-related equipment, a conservation officer, or a licensed
2.5peace officer.
2.6 Sec. 4. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.7to read:
2.8 Subd. 15a. Service provider. "Service provider" means an individual who installs
2.9or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers,
2.10or other water-related equipment or structures from waters of the state for compensation.
2.11 Sec. 5. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
2.12 Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
2.13carried or moved into or within the state, and includes accepting or receiving the species
2.14for transportation or shipment. Transport does not include:
2.15(1) the
2.16of the state or to a connected water of the state where the species being transported is
2.17already present
2.18(2) the movement of a nonnative species attached to water-related equipment or
2.19other water-related structures from a water of the state to the shore of riparian property on
2.20that water or the return of water-related equipment or structures from the shore into the
2.21same water of the state.
2.22 Sec. 6. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.23to read:
2.24 Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
2.25vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
2.26any other associated equipment or container, including but not limited to portable bait
2.27containers, live wells, ballast tanks except for those vessels permitted under the Pollution
2.28Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
2.29is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
2.30or water.
2.31 Sec. 7. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
3.1 Subd. 21. Wild animal. "Wild animal"
3.2
3.3under section 97A.015, subdivision 55.
3.4 Sec. 8. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
3.5 Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
3.6report on invasive species of aquatic plants and wild animals to the legislative committees
3.7having jurisdiction over environmental and natural resource issues. The report must
3.8include:
3.9(1) detailed information on expenditures for administration, education, management,
3.10inspections, and research;
3.11(2) an analysis of the effectiveness of management activities conducted in the state,
3.12including chemical control, harvesting, educational efforts, and inspections;
3.13(3) information on the participation of other state agencies, local government units,
3.14and interest groups in control efforts;
3.15(4) information on the progress made in the management of each species; and
3.16(5) an assessment of future management needs and additional measures to protect
3.17the state's water resources from human transport and introduction of invasive species.
3.18 Sec. 9. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
3.19 Subd. 3. Bait harvest from infested waters. (a)
3.20infested waters for bait or aquatic farm purposes is prohibited, except as provided in
3.21paragraph (b) and section 97C.341.
3.22(b) In waters that are designated as infested waters, except those designated because
3.23they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
3.24under section 17.4982, subdivision 6,
3.25(1) commercial taking of wild animals for bait and aquatic farm purposes according
3.26to a permit issued under section
3.27(2) bait purposes for noncommercial personal use in waters that contain Eurasian
3.28water milfoil, when the infested waters are designated solely because they contain
3.29Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
3.30traps not exceeding 16 inches in diameter and 32 inches in length.
3.31(c) Equipment authorized for minnow harvest in a designated infested water by
3.32permit issued under paragraph (b) may not be transported to, or used in, any waters other
3.33than waters specified in the permit.
4.1 Sec. 10. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
4.2 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
4.3restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
4.4stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
4.5an infested water that is designated because it contains invasive fish, invertebrates, or
4.6certifiable diseases, as defined in section
4.7a commercial licensee operates in
4.8invasive fish, invertebrates, or certifiable diseases, as defined in section
4.9
4.10turtle, frog, or crayfish harvesting in waters
4.11invertebrates, or certifiable diseases, as defined in section
4.12tags provided by the commissioner, as specified in the commercial licensee's license or
4.13permit
4.14
4.15tagging requirement does not apply to commercial fishing equipment used in Lake
4.16Superior.
4.17(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.18turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
4.19contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
4.20minimum of two days before they are used in any other waters, except as provided in this
4.21paragraph. Commercial licensees must notify the department's regional or area fisheries
4.22office or a conservation officer before removing nets or equipment from an infested water
4.23designated solely because it contains Eurasian water milfoil and before resetting those
4.24nets or equipment in any other waters. Upon notification, the commissioner may authorize
4.25a commercial licensee to move nets or equipment to another water without freezing or
4.26drying, if that water is designated as infested solely because it contains Eurasian water
4.27milfoil.
4.28(c) A commercial licensee must remove all aquatic macrophytes from nets and other
4.29equipment when the nets and equipment are removed from waters of the state.
4.30(d) The commissioner shall provide a commercial licensee with a current listing of
4.31designated infested waters at the time that a license or permit is issued.
4.32 Sec. 11. Minnesota Statutes 2010, section 84D.09, is amended to read:
4.3384D.09 AQUATIC MACROPHYTES.
4.34 Subdivision 1. Transportation prohibited. A person may not transport aquatic
4.35macrophytes
5.1
5.2except as provided in this section.
5.3 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
5.4aquatic macrophytes:
5.5(1) that are duckweeds in the family Lemnaceae;
5.6(2) for disposal as part of a harvest or control activity conducted under an aquatic
5.7plant management permit pursuant to section
5.9(3) for purposes of constructing shooting or observation blinds in amounts sufficient
5.10for that purpose, provided that the aquatic macrophytes are emergent and cut above the
5.11waterline;
5.12(4) when legally purchased or traded by or from commercial or hobbyist sources for
5.13aquarium, wetland or lakeshore restoration, or ornamental purposes;
5.14(5) when harvested for personal or commercial use if in a motor vehicle;
5.15(6) to the department, or another destination as the commissioner may direct, in a
5.16sealed container for purposes of identifying a species or reporting the presence of a species;
5.17(7) when transporting commercial aquatic plant harvesting or control equipment to a
5.18suitable location for purposes of cleaning any remaining aquatic macrophytes;
5.19(8) that are wild rice harvested under section
5.20(9) in the form of fragments of emergent aquatic macrophytes incidentally
5.21transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
5.22season
5.23(10) when removing water-related equipment from waters of the state for purposes
5.24of cleaning off aquatic macrophytes before leaving a water access site.
5.25 Sec. 12. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
5.26 Subdivision 1. Launching prohibited. A person may not place or attempt to
5.27place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
5.28equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
5.29attached except as provided in this section.
5.30 Sec. 13. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
5.31 Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
5.32peace officer may order:
5.33(1) the removal of aquatic macrophytes or prohibited invasive species from
5.34
6.1(2) confinement of the
6.2other location until the
6.3(3) removal of
6.4to remove prohibited invasive species if the water has not been designated by the
6.5commissioner as being infested with that species
6.6(4) a prohibition on placing water-related equipment into waters of the state when
6.7the water-related equipment has aquatic macrophytes or prohibited invasive species
6.8attached in violation of subdivision 1 or when water has not been drained or the drain plug
6.9has not been removed in violation of subdivision 4.
6.10(b) An inspector who is not a licensed peace officer may issue orders under
6.11paragraph (a), clauses (1), (3), and (4).
6.12 Sec. 14. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
6.13 Subd. 4. Persons
6.14equipment. (a)
6.15
6.16removing the drain plug before transporting the
6.17equipment
6.18(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
6.19from ballast tanks, bilges, and live wells must be removed or opened while transporting
6.20
6.21(c) Emergency response vehicles and equipment may be transported on a public road
6.22with the drain plug or other similar device replaced only after all water has been drained
6.23from the equipment upon leaving the water body.
6.24(d) Marine sanitary systems
6.25this
6.26(e) A person must not dispose of bait in waters of the state.
6.27
6.28
6.29
6.30
6.31
6.32 Sec. 15. [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED
6.33EQUIPMENT.
7.1 Subdivision 1. Compliance inspections. Compliance with aquatic invasive species
7.2inspection requirements is an express condition of operating or transporting water-related
7.3equipment. An inspector may prohibit an individual who refuses to allow an inspection of
7.4the individual's water-related equipment or who refuses to remove and dispose of aquatic
7.5invasive species, aquatic macrophytes, and water from placing or operating water-related
7.6equipment in waters of the state.
7.7 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
7.8individuals to inspect water-related equipment for aquatic macrophytes, aquatic
7.9invasive species, and water. Inspectors may visually and tactilely inspect watercraft
7.10and water-related equipment to determine whether aquatic invasive species, aquatic
7.11macrophytes, or water is present. If a person transporting watercraft or water-related
7.12equipment refuses to take required corrective actions or fails to comply with an order
7.13under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall
7.14refer the violation to a conservation officer or other licensed peace officer.
7.15(b) In addition to paragraph (a), a conservation officer or other licensed peace officer
7.16may inspect any watercraft or water-related equipment that is stopped at a water access
7.17site or stopped at any other location in the state if the officer determines there is reason
7.18to believe that aquatic invasive species, aquatic macrophytes, or water is present on the
7.19watercraft or water-related equipment.
7.20(c) Conservation officers or other licensed peace officers may utilize check stations
7.21in locations, or in proximity to locations, where watercraft or other water-related
7.22equipment is placed into or removed from waters of the state. Any check stations shall be
7.23operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
7.24 Sec. 16. [84D.108] SERVICE PROVIDER PERMIT.
7.25 Subdivision 1. Service provider permit required. (a) Service providers must apply
7.26for and obtain a permit from the commissioner before providing any services described in
7.27section 84D.01, subdivision 15a.
7.28(b) Service providers must have a valid permit in possession while providing
7.29services described in section 84D.01, subdivision 15a.
7.30 Subd. 2. Permit requirements. (a) Service providers must complete invasive
7.31species training provided by the commissioner and pass an examination to qualify for a
7.32permit. Service provider permits are valid for three calendar years.
7.33(b) A $50 application and testing fee is required for service provider permit
7.34applications.
8.1 Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
8.2revoke a permit as provided in section 84D.11, subdivision 3.
8.3 Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
8.4in section
8.5 Sec. 17. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
8.6 Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
8.7a permit to allow the harvest of bait from waters that are designated as infested waters,
8.8except those designated because they contain prohibited invasive species of fish. The
8.9permit shall include conditions necessary to avoid spreading aquatic invasive species.
8.10(b) Before receiving a permit, or working for a permittee, a person annually
8.11must satisfactorily complete aquatic invasive species-related training provided by the
8.12commissioner.
8.13 Sec. 18. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
8.14 Subd. 3. Criminal penalties. (a) A person who violates a provision of
8.15sections
8.16section
8.17(b) A person who possesses, transports, or introduces a prohibited invasive species in
8.18violation of section
8.19sells, or propagates a prohibited invasive species in violation of section
8.20of a gross misdemeanor.
8.21(c) A person who refuses to obey an order of a peace officer or conservation officer
8.22to remove prohibited invasive species or aquatic macrophytes from any
8.23
8.24 Sec. 19. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
8.25 Subd. 4. Warnings; civil citations. After appropriate training, conservation
8.26officers, other licensed peace officers, and other department personnel designated by the
8.27commissioner may issue warnings or citations to a person who:
8.28 (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
8.29 (2) unlawfully places or attempts to place into waters of the state
8.30
8.31or prohibited invasive species attached;
8.32 (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
8.33by rule, Eurasian water milfoil;
9.1 (4) fails to remove plugs, open valves, and drain water
9.2
9.3
9.4water-related equipment as provided in section 84D.10, subdivision 4; or
9.5 (5) transports infested water, in violation of rule, off riparian property.
9.6 Sec. 20. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
9.7 Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
9.8the following penalty amounts:
9.9(1) for transporting aquatic macrophytes
9.10
9.11
9.12(2) for placing or attempting to place into waters of the state
9.13
9.14
9.15(3) for unlawfully possessing or transporting a prohibited invasive species other
9.16than an aquatic macrophyte,
9.17(4) for placing or attempting to place into waters of the state
9.18
9.19attached when the waters are not designated by the commissioner as being infested with
9.20that invasive species, $500
9.21(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
9.22prescribed by rule, Eurasian water milfoil, $100;
9.23(6) for failing to remove plugs, open valves, and drain water
9.24
9.25sanitary systems
9.26when transporting water-related equipment as provided in section 84D.10, subdivision 4,
9.27$100; and
9.28(7) for transporting infested water off riparian property without a permit as required
9.29by rule, $200.
9.30(b) A civil citation that is issued to a person who has one or more prior convictions
9.31or final orders for violations of this chapter is subject to twice the penalty amounts listed
9.32in paragraph (a).
9.33 Sec. 21. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
10.1 Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
10.2for up to a year, the watercraft license of an owner or person in control of a watercraft
10.3or trailer who refuses to submit to an inspection under section
10.484D.105 or who refuses to comply with a removal order given under this section
10.5 Sec. 22. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
10.6 Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
10.7license suspension is effective 30 days after issuance of the civil citation. A civil penalty
10.8collected under this section
10.9if the citation was issued by a conservation officer and must be credited to the invasive
10.10species account
10.11issued the civil citation.
10.12 Sec. 23. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
10.13 Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
10.14section
10.15provider permits under section 84D.108,
10.16Each year, the commissioner of management and budget shall transfer from the game and
10.17fish fund to the invasive species account, the annual surcharge collected on nonresident
10.18fishing licenses under section
10.19
10.20
10.21 Sec. 24. [86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
10.22(a) A watercraft owner or operator must obtain and display an aquatic invasive
10.23species rules decal issued by the commissioner on the owner or operator's watercraft prior
10.24to launching on, entering into, or operating on any waters of the state.
10.25(b) The aquatic invasive species rules decal must be attached to the watercraft so as
10.26to be in full view of the operator.
10.27 Sec. 25. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
10.28 Subdivision 1.
10.29permits, with or without a fee, to:
10.30(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
10.31waters;
10.32(2) transplant aquatic plants into public waters;
11.1(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
11.2under prescribed conditions to protect the waters, desirable species of fish, vegetation,
11.3other forms of aquatic life, and the public.
11.4(b) Application for a permit must be accompanied by a permit fee, if required.
11.5(c) An aquatic plant management permit is valid for one growing season and expires
11.6on December 31 of the year it is issued unless the commissioner stipulates a different
11.7expiration date in rule or in the permit.
11.8 Sec. 26. Minnesota Statutes 2010, section 103G.615, is amended by adding a
11.9subdivision to read:
11.10 Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
11.11management permit" means an aquatic plant management permit as defined in Minnesota
11.12Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic
11.13plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
11.14the invasive aquatic plant.
11.15(b) The commissioner may waive the dated signature of approval requirement in
11.16Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management
11.17permits if obtaining signatures would create an undue burden on the permittee or if
11.18the commissioner determines that aquatic plant control is necessary to protect natural
11.19resources.
11.20(c) If the signature requirement is waived under paragraph (b) because obtaining
11.21signatures would create an undue burden on the permittee, the commissioner shall require
11.22an alternate form of landowner notification, including news releases or public notices in
11.23a local newspaper, a public meeting, or a mailing to the most recent permanent address
11.24of affected landowners. The notification must be given annually and must include: the
11.25proposed date of treatment, the target species, the method of control or product being
11.26used, and instructions on how the landowner may request that control not occur adjacent
11.27to the landowner's property.
11.28(d) For an invasive aquatic plant management permit, the commissioner may allow
11.29dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart
11.301a, to remain valid for three years if property ownership remains unchanged.
11.31 Sec. 27. TEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
11.32SPECIES RULES DECAL.
11.33A violation of Minnesota Statutes, section 86B.508, prior to July 1, 2012, shall not
11.34result in a penalty, but is punishable only by a warning.
12.1 Sec. 28. REPEALER.
12.2Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.
12.3 Sec. 29. EFFECTIVE DATE.
12.4Sections 1 to 15, 18 to 23, and 25 to 28 are effective the day following final
12.5enactment.
