1.2relating to natural resources; modifying nonnative species provisions; modifying
1.3certain requirements for public waters work permits; modifying requirements for
1.4permits to control or harvest aquatic plants; providing criminal penalties and civil
1.5penalties;amending Minnesota Statutes 2010, sections 84D.01, subdivisions 8a,
1.616, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions
1.73, 4; 84D.08; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a;
1.884D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 103G.311, subdivision
1.95; 103G.615, subdivision 1, by adding a subdivision; proposing coding for new
1.10law in Minnesota Statutes, chapters 84D; 86B; repealing Minnesota Statutes
1.112010, section 84D.02, subdivision 4.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13    Section 1. Minnesota Statutes 2010, section 84D.01, is amended by adding a
1.14subdivision to read:
1.15    Subd. 3a. Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally
1.16or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
1.17species using the "Recommended Uniform Minimum Protocols and Standards for
1.18Watercraft Interception Programs for Dreissenid Mussels in the Western United States"
1.19(September 2009) prepared for the Western Regional Panel on Aquatic Nuisance Species,
1.20or other protocols developed by the commissioner.

1.21    Sec. 2. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
1.22    Subd. 8a. Introduce. "Introduce" means to place, release, or allow the escape of a
1.23nonnative species into a free-living state. Introduce does not include:
1.24(1) the immediate return of a nonnative species to waters of the state from which the
1.25nonnative species was removed; or
2.1(2) the seasonal return of nonnative species attached to water-related equipment,
2.2such as a dock or boat lift, that has been stored on riparian property and directly returned
2.3to the same waters of the state from which the water-related equipment was removed.

2.4    Sec. 3. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.5to read:
2.6    Subd. 8b. Inspect. "Inspect" means to examine water-related equipment to
2.7determine whether aquatic invasive species, aquatic macrophytes, or water is present and
2.8includes removal, drainage, decontamination, or treatment to prevent the transportation
2.9and spread of aquatic invasive species, aquatic macrophytes, and water.

2.10    Sec. 4. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.11to read:
2.12    Subd. 8c. Inspector. "Inspector" means: (1) an individual trained and authorized by
2.13the commissioner to inspect water-related equipment under section 84D.105, subdivision
2.142, paragraph (a); or (2) a conservation officer or a licensed peace officer.

2.15    Sec. 5. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
2.16to read:
2.17    Subd. 15a. Service provider. "Service provider" means an individual who
2.18installs or removes water-related equipment or structures from waters of the state for
2.19hire. "Service provider" does not include a person working under the supervision of an
2.20individual with a valid service provider permit issued under section 84D.108.

2.21    Sec. 6. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
2.22    Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be
2.23carried or moved into or within the state, and includes accepting or receiving the species
2.24for transportation or shipment. Transport does not include:
2.25(1) the transport movement of infested water or a nonnative species within a water
2.26of the state or to a connected water of the state where the species being transported is
2.27already present; or
2.28(2) the movement of a nonnative species attached to water-related equipment or
2.29other water-related structures from a water of the state to the shore of riparian property on
2.30that water or the return of water-related equipment or structures from the shore into the
2.31same water of the state.

3.1    Sec. 7. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
3.2to read:
3.3    Subd. 18a. Water-related equipment. "Water-related equipment" means a motor
3.4vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
3.5any other associated equipment or container, including but not limited to portable bait
3.6containers, live wells, ballast tanks except for those vessels permitted under the Pollution
3.7Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
3.8is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
3.9or water.

3.10    Sec. 8. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
3.11    Subd. 21. Wild animal. "Wild animal" means a living creature, not human, wild by
3.12nature, endowed with sensation and power of voluntary motion has the meaning given
3.13under section 97A.015, subdivision 55.

3.14    Sec. 9. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
3.15    Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a
3.16report on invasive species of aquatic plants and wild animals to the legislative committees
3.17having jurisdiction over environmental and natural resource issues. The report must
3.18include:
3.19(1) detailed information on expenditures for administration, education, management,
3.20inspections, and research;
3.21(2) an analysis of the effectiveness of management activities conducted in the state,
3.22including chemical control, harvesting, educational efforts, and inspections;
3.23(3) information on the participation of other state agencies, local government units,
3.24and interest groups in control efforts;
3.25(4) information on the progress made in the management of each species; and
3.26(5) an assessment of future management needs and additional measures to protect
3.27the state's water resources from human transport and introduction of invasive species.

3.28    Sec. 10. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
3.29    Subd. 3. Bait harvest from infested waters. (a) The Taking of wild animals from
3.30infested waters for bait or aquatic farm purposes is prohibited, except as provided in
3.31paragraph (b) and section 97C.341.
4.1(b) In waters that are designated as infested waters, except those designated because
4.2they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
4.3under section 17.4982, subdivision 6, the taking of wild animals may be permitted for:
4.4(1) commercial taking of wild animals for bait and aquatic farm purposes according
4.5to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
4.6(2) bait purposes for noncommercial personal use in waters that contain Eurasian
4.7water milfoil, when the infested waters are designated solely because they contain
4.8Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
4.9traps not exceeding 16 inches in diameter and 32 inches in length.
4.10(c) Equipment authorized for minnow harvest in a designated infested water by
4.11permit issued under paragraph (b) may not be transported to, or used in, any waters other
4.12than waters specified in the permit.

4.13    Sec. 11. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
4.14    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
4.15restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
4.16stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
4.17an infested water that is designated because it contains invasive fish, invertebrates, or
4.18certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
4.19a commercial licensee operates in both an infested water designated because it contains
4.20invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other
4.21waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.22turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish,
4.23invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with
4.24tags provided by the commissioner, as specified in the commercial licensee's license or
4.25permit, and may not be used in infested waters designated because the waters contain
4.26invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982. This
4.27tagging requirement does not apply to commercial fishing equipment used in Lake
4.28Superior.
4.29(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
4.30turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
4.31contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
4.32minimum of two days before they are used in any other waters, except as provided in this
4.33paragraph. Commercial licensees must notify the department's regional or area fisheries
4.34office or a conservation officer before removing nets or equipment from an infested water
4.35designated solely because it contains Eurasian water milfoil and before resetting those
5.1nets or equipment in any other waters. Upon notification, the commissioner may authorize
5.2a commercial licensee to move nets or equipment to another water without freezing or
5.3drying, if that water is designated as infested solely because it contains Eurasian water
5.4milfoil.
5.5(c) A commercial licensee must remove all aquatic macrophytes from nets and other
5.6equipment when the nets and equipment are removed from waters of the state.
5.7(d) The commissioner shall provide a commercial licensee with a current listing of
5.8designated infested waters at the time that a license or permit is issued.
5.9(e) A person harvesting aquatic life from waters of the state for the purpose of
5.10transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
5.11life shall remain in the holding facility for at least ten hours and be examined for the
5.12presence of invasive species.
5.13(f) This subdivision applies to the state and its departments and agencies.

5.14    Sec. 12. Minnesota Statutes 2010, section 84D.08, is amended to read:
5.1584D.08 ESCAPE OF NONNATIVE AND INVASIVE SPECIES;
5.16NOTIFICATION.
5.17    Subdivision 1. Introduction of nonnative and invasive species; notification.
5.18(a) A person that allows or causes the introduction of an animal that is a prohibited
5.19invasive, regulated invasive, or unlisted nonnative species shall, within 24 hours after
5.20learning of the introduction, notify the commissioner, a conservation officer, or another
5.21person designated by the commissioner. The person shall make every reasonable attempt
5.22to recapture or destroy the introduced animal. If the animal is a prohibited invasive
5.23species, the person is liable for the actual costs incurred by the department in capturing or
5.24controlling, or attempting to capture or control, the animal and its progeny. If the animal is
5.25a regulated invasive species, the person is liable for these costs if the introduction was in
5.26violation of the person's permit issued under section 84D.11.
5.27(b) A person that complies with this section is not subject to criminal penalties
5.28under section 84D.13 for the introduction.
5.29    Subd. 2. Aquatic invasive species; notification. (a) Identification of an aquatic
5.30invasive species through sampling and monitoring procedures at a location where that
5.31species has not been known to exist shall be reported immediately to the commissioner
5.32or an inspector.
5.33(b) Any person that becomes aware of or suspects an aquatic invasive species being
5.34present at a location where that species has not been known to exist shall report the aquatic
5.35invasive species presence within 48 hours to the commissioner or an inspector.
6.1(c) An aquatic invasive species report under this subdivision shall include the date
6.2and time of the detection of the aquatic invasive species, the exact location of sighting, the
6.3suspected species, and the name and contact information of the reporter. Any samples
6.4collected of suspected aquatic invasive species shall be submitted to the commissioner or
6.5an inspector designated by the commissioner within 48 hours.

6.6    Sec. 13. Minnesota Statutes 2010, section 84D.09, is amended to read:
6.784D.09 AQUATIC MACROPHYTES.
6.8    Subdivision 1. Transportation prohibited. A person may not transport aquatic
6.9macrophytes on any state forest road as defined by section 89.001, subdivision 14, any
6.10road or highway as defined in section 160.02, subdivision 26, or any other public road,
6.11except as provided in this section.
6.12    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
6.13aquatic macrophytes:
6.14(1) that are duckweeds in the family Lemnaceae;
6.15(2) for disposal as part of a harvest or control activity conducted under an aquatic
6.16plant management permit pursuant to section 103G.615, under permit pursuant to section
6.1784D.11 , or as specified by the commissioner;
6.18(3) for purposes of constructing shooting or observation blinds in amounts sufficient
6.19for that purpose, provided that the aquatic macrophytes are emergent and cut above the
6.20waterline;
6.21(4) when legally purchased or traded by or from commercial or hobbyist sources for
6.22aquarium, wetland or lakeshore restoration, or ornamental purposes;
6.23(5) when harvested for personal or commercial use if in a motor vehicle;
6.24(6) to the department, or another destination as the commissioner may direct, in a
6.25sealed container for purposes of identifying a species or reporting the presence of a species;
6.26(7) when transporting commercial aquatic plant harvesting or control equipment to a
6.27suitable location for purposes of cleaning any remaining aquatic macrophytes;
6.28(8) that are wild rice harvested under section 84.091; or
6.29(9) in the form of fragments of emergent aquatic macrophytes incidentally
6.30transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
6.31season; or
6.32(10) when removing water-related equipment from waters of the state for purposes
6.33of cleaning off aquatic macrophytes before leaving a water access site.

6.34    Sec. 14. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
7.1    Subdivision 1. Launching prohibited. A person may not place or attempt to
7.2place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
7.3equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
7.4attached except as provided in this section.

7.5    Sec. 15. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
7.6    Subd. 3. Removal and confinement. (a) A conservation officer or other licensed
7.7peace officer may order:
7.8(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer
7.9or watercraft water-related equipment before it is placed into waters of the state;
7.10(2) confinement of the watercraft water-related equipment at a mooring, dock, or
7.11other location until the watercraft water-related equipment is removed from the water; and
7.12(3) removal of a watercraft water-related equipment from waters of the state
7.13to remove prohibited invasive species if the water has not been designated by the
7.14commissioner as being infested with that species; and
7.15(4) a prohibition on placing water-related equipment into waters of the state when
7.16the water-related equipment has aquatic macrophytes or prohibited invasive species
7.17attached in violation of subdivision 1 or when water has not been drained or the drain plug
7.18has not been removed in violation of subdivision 4.
7.19(b) An inspector who is not a licensed peace officer may issue orders under
7.20paragraph (a), clauses (1), (3), and (4).

7.21    Sec. 16. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
7.22    Subd. 4. Persons leaving public waters; report transporting water-related
7.23equipment. (a) A person When leaving waters of the state a person must drain
7.24boating-related water-related equipment holding water and live wells and bilges by
7.25removing the drain plug before transporting the watercraft and associated water-related
7.26equipment on public roads off the water access site or riparian property.
7.27(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
7.28from ballast tanks, bilges, and live wells must be removed or opened while transporting
7.29watercraft on a public road water-related equipment.
7.30(c) Marine sanitary systems and portable bait containers used by licensed aquatic
7.31farms are excluded exempt from this requirement subdivision.
7.32(d) A person must not dispose of bait in waters of the state.
7.33(b) The commissioner shall report, by January 15 of each odd-numbered year, to
7.34the chairs and ranking minority members of the house of representatives and senate
8.1committees and divisions having jurisdiction over water resources policy and finance. The
8.2report shall advise the legislature on additional measures to protect state water resources
8.3from human transport of invasive species.
8.4(e) Emergency response vehicles and equipment that are being used in responding to
8.5an emergency may be transported on a public road with the drain plug or other similar
8.6device replaced only after all water has been drained from the equipment upon leaving
8.7the water body.

8.8    Sec. 17. [84D.105] INSPECTION OF WATER-RELATED EQUIPMENT.
8.9    Subdivision 1. Compliance inspections. Compliance with aquatic invasive
8.10species inspection requirements is an express condition of operating or transporting
8.11water-related equipment. An inspector may prohibit an individual from placing or
8.12operating water-related equipment in waters of the state if the individual refuses to allow
8.13an inspection of the individual's water-related equipment or refuses to remove and dispose
8.14of aquatic invasive species, aquatic macrophytes, and water.
8.15    Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
8.16individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
8.17species, and water.
8.18(b) Inspectors may visually and tactilely inspect watercraft and water-related
8.19equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
8.20is present. If a person transporting watercraft or water-related equipment refuses to
8.21take required corrective actions or fails to comply with an order under section 84D.10,
8.22subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a
8.23conservation officer or other licensed peace officer.
8.24(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
8.25may inspect any watercraft or water-related equipment that is stopped at a water access
8.26site, any other public location in the state, or a private location where the watercraft or
8.27water equipment is in plain view, if the officer determines there is reason to believe that
8.28aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
8.29water-related equipment.
8.30(d) Conservation officers or other licensed peace officers may utilize check stations
8.31in locations, or in proximity to locations, where watercraft or other water-related
8.32equipment is placed into or removed from waters of the state. Any check stations shall be
8.33operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

8.34    Sec. 18. [84D.108] SERVICE PROVIDER PERMIT.
9.1    Subdivision 1. Service provider permit required. (a) Service providers must apply
9.2for and obtain a permit from the commissioner before providing any services described in
9.3section 84D.01, subdivision 15a.
9.4(b) Service providers must have a valid permit in possession while providing
9.5services described in section 84D.01, subdivision 15a.
9.6    Subd. 2. Permit requirements. (a) Service providers must complete invasive
9.7species training provided by the commissioner and pass an examination to qualify for a
9.8permit. Service provider permits are valid for three calendar years.
9.9(b) A $50 application and testing fee is required for service provider permit
9.10applications.
9.11(c) Persons working for a permittee must satisfactorily complete aquatic invasive
9.12species-related training provided by the commissioner.
9.13    Subd. 3. Standard for issuing. The commissioner may issue, deny, modify, or
9.14revoke a permit as provided in section 84D.11, subdivision 3.
9.15    Subd. 4. Appeal of permit decision. Permit decisions may be appealed as provided
9.16in section 84D.11, subdivision 4.

9.17    Sec. 19. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
9.18    Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue
9.19a permit to allow the harvest of bait from waters that are designated as infested waters,
9.20except those designated because they contain prohibited invasive species of fish. The
9.21permit shall include conditions necessary to avoid spreading aquatic invasive species.
9.22(b) Before receiving a permit, or working for a permittee, a person annually
9.23must satisfactorily complete aquatic invasive species-related training provided by the
9.24commissioner.

9.25    Sec. 20. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
9.26    Subd. 3. Criminal penalties. (a) A person who violates a provision of section
9.27sections 84D.03 or 84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under
9.28section 84D.12, is guilty of a misdemeanor.
9.29(b) A person who possesses, transports, or introduces a prohibited invasive species in
9.30violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
9.31sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
9.32of a gross misdemeanor.
10.1(c) A person who refuses to obey an order of a peace officer or conservation officer
10.2to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
10.3or plant harvesting water-related equipment is guilty of a gross misdemeanor.

10.4    Sec. 21. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
10.5    Subd. 4. Warnings; civil citations. After appropriate training, conservation
10.6officers, other licensed peace officers, and other department personnel designated by the
10.7commissioner may issue warnings or citations to a person who:
10.8    (1) unlawfully transports prohibited invasive species or aquatic macrophytes;
10.9    (2) unlawfully places or attempts to place into waters of the state a trailer, a
10.10watercraft, or plant harvesting water-related equipment that has aquatic macrophytes
10.11or prohibited invasive species attached;
10.12    (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
10.13by rule, Eurasian water milfoil;
10.14    (4) fails to remove plugs, open valves, and drain water, as required by rule, from
10.15watercraft and water-related equipment before leaving designated zebra mussel, spiny
10.16water flea, or other invasive plankton infested waters of the state or when transporting
10.17water-related equipment as provided in section 84D.10, subdivision 4; or
10.18    (5) transports infested water, in violation of rule, off riparian property.

10.19    Sec. 22. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
10.20    Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose
10.21the following penalty amounts:
10.22(1) for transporting aquatic macrophytes on a forest road as defined by section
10.2389.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
10.24any other public road, $50 in violation of section 84D.09, $100;
10.25(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
10.26aquatic plant harvesting water-related equipment that has aquatic macrophytes attached,
10.27$100 $200;
10.28(3) for unlawfully possessing or transporting a prohibited invasive species other
10.29than an aquatic macrophyte, $250 $500;
10.30(4) for placing or attempting to place into waters of the state a watercraft, a trailer,
10.31or aquatic plant harvesting water-related equipment that has prohibited invasive species
10.32attached when the waters are not designated by the commissioner as being infested with
10.33that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
11.1(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
11.2prescribed by rule, Eurasian water milfoil, $100;
11.3(6) for failing to remove plugs, open valves, and drain water, as required by rule,
11.4for infested waters and from watercraft and water-related equipment, other than marine
11.5sanitary systems and portable bait containers, before leaving waters of the state, $50 or
11.6when transporting water-related equipment as provided in section 84D.10, subdivision 4,
11.7$100; and
11.8(7) for transporting infested water off riparian property without a permit as required
11.9by rule, $200.
11.10(b) A civil citation that is issued to a person who has one or more prior convictions
11.11or final orders for violations of this chapter is subject to twice the penalty amounts listed
11.12in paragraph (a).

11.13    Sec. 23. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
11.14    Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend,
11.15for up to a year, the watercraft license of an owner or person in control of a watercraft
11.16or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4,
11.1784D.105 or who refuses to comply with a removal order given under this section 84D.13.

11.18    Sec. 24. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
11.19    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft
11.20license suspension is effective 30 days after issuance of the civil citation. A civil penalty
11.21collected under this section is payable to must be paid to either: (1) the commissioner
11.22if the citation was issued by a conservation officer and must be credited to the invasive
11.23species account; or (2) the treasury of the unit of government employing the officer who
11.24issued the civil citation.

11.25    Sec. 25. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
11.26    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under
11.27section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service
11.28provider permits under section 84D.108, shall be deposited in the invasive species account.
11.29Each year, the commissioner of management and budget shall transfer from the game and
11.30fish fund to the invasive species account, the annual surcharge collected on nonresident
11.31fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010
11.32and 2011, the commissioner of management and budget shall transfer $725,000 from the
11.33water recreation account under section 86B.706 to the invasive species account.

12.1    Sec. 26. [86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
12.2(a) A watercraft owner or operator must obtain and display an aquatic invasive
12.3species rules decal issued by the commissioner on the owner or operator's watercraft prior
12.4to launching on, entering into, or operating on any waters of the state.
12.5(b) The aquatic invasive species rules decal must be attached to the watercraft so as
12.6to be in full view of the operator.

12.7    Sec. 27. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
12.8    Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made
12.9issuing or denying the permit, the applicant, the managers of the watershed district, the
12.10board of supervisors of the soil and water conservation district, or the mayor governing
12.11body of the municipality may file a demand for hearing on the application. The demand
12.12for a hearing must be filed within 30 days after mailed notice of the order with the bond
12.13required by subdivision 6.
12.14(b) The commissioner must give notice as provided in subdivision 2, hold a hearing
12.15on the application, and make a determination on issuing or denying the permit as though
12.16the previous order had not been made.
12.17(c) The order issuing or denying the permit becomes final at the end of 30 days after
12.18mailed notice of the order to the applicant, the managers of the watershed district, the
12.19board of supervisors of the soil and water conservation district, or the mayor governing
12.20body of the municipality, and an appeal of the order may not be taken if:
12.21(1) the commissioner waives a hearing and a demand for a hearing is not made; or
12.22(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

12.23    Sec. 28. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
12.24    Subdivision 1. Authorization Issuance; validity. (a) The commissioner may issue
12.25permits, with or without a fee, to:
12.26(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
12.27waters;
12.28(2) transplant aquatic plants into public waters;
12.29(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
12.30under prescribed conditions to protect the waters, desirable species of fish, vegetation,
12.31other forms of aquatic life, and the public.
12.32(b) Application for a permit must be accompanied by a permit fee, if required.
13.1(c) An aquatic plant management permit is valid for one growing season and expires
13.2on December 31 of the year it is issued unless the commissioner stipulates a different
13.3expiration date in rule or in the permit.

13.4    Sec. 29. Minnesota Statutes 2010, section 103G.615, is amended by adding a
13.5subdivision to read:
13.6    Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant
13.7management permit" means an aquatic plant management permit as defined in rules of the
13.8Department of Natural Resources that authorizes the selective control of invasive aquatic
13.9plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
13.10the invasive aquatic plant.
13.11(b) The commissioner may waive the dated signature of approval requirement in
13.12rules of the Department of Natural Resources for invasive aquatic plant management
13.13permits if obtaining signatures would create an undue burden on the permittee or if
13.14the commissioner determines that aquatic plant control is necessary to protect natural
13.15resources.
13.16(c) If the signature requirement is waived under paragraph (b) because obtaining
13.17signatures would create an undue burden on the permittee, the commissioner shall require
13.18an alternate form of landowner notification, including news releases or public notices in
13.19a local newspaper, a public meeting, or a mailing to the most recent permanent address
13.20of affected landowners. The notification must be given annually and must include: the
13.21proposed date of treatment, the target species, the method of control or product being
13.22used, and instructions on how the landowner may request that control not occur adjacent
13.23to the landowner's property.
13.24(d) The commissioner may allow dated signatures of approval obtained for an
13.25invasive aquatic plant management permit to satisfy rules of the Department of Natural
13.26Resources to remain valid for three years if property ownership remains unchanged.

13.27    Sec. 30. TEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
13.28SPECIES RULES DECAL.
13.29A violation of Minnesota Statutes, section 86B.508, prior to August 1, 2013, shall
13.30not result in a penalty, but is punishable only by a warning.

13.31    Sec. 31. AQUATIC INVASIVE SPECIES MANAGEMENT IMPLEMENTATION
13.32COSTS; REPORT.
14.1By January 15, 2012, the commissioner of natural resources shall report to the
14.2house of representatives and senate committees with jurisdiction over environment and
14.3natural resources policy and finance on the long-term funding needed to implement and
14.4enforce Minnesota Statutes, chapter 84D, including recommendations on the appropriate
14.5amount of the watercraft surcharge.

14.6    Sec. 32. REPEALER.
14.7Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.

14.8    Sec. 33. EFFECTIVE DATE.
14.9Sections 1 to 17, 19 to 25, and 27 to 32 are effective June 13, 2011, and apply to
14.10violations committed on or after that date.