Bill Text: MN SF571 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Aquatic invasive species regulation modifications
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-02-18 - Referred to Environment and Energy [SF571 Detail]
Download: Minnesota-2013-SF571-Introduced.html
1.2relating to natural resources; modifying aquatic invasive species provisions;
1.3modifying invasive species penalties and enforcement;amending Minnesota
1.4Statutes 2012, sections 84D.01, subdivision 15a; 84D.03, subdivision 4;
1.584D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding
1.6subdivisions; 84D.13, subdivision 2, by adding a subdivision; 86B.13, by adding
1.7a subdivision; repealing Minnesota Statutes 2012, section 84D.01, subdivision 22.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to
1.10read:
1.11 Subd. 15a. Service provider. "Service provider" means an individual who or entity
1.12that decontaminates, installs, or removes water-related equipment or structures from
1.13waters of the state for hire or as a service provided as a benefit of membership in a yacht
1.14club, boat club, marina, or similar organization. Service provider does not include a
1.15person working under the supervision of an individual with a valid service provider permit
1.16issued under section84D.108 .
1.17 Sec. 2. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
1.18 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
1.19restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
1.20stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
1.21an infested water that is designated because it contains invasive fish, invertebrates, or
1.22certifiable diseases, as defined in section17.4982 , may not be used in any other waters.
1.23If a commercial licensee operates in an infested water designated because it contains
1.24invasive fish, invertebrates, or certifiable diseases, as defined in section17.4982 , all nets,
2.1traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
2.2crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
2.3certifiable diseases, as defined in section17.4982 , must be tagged with tags provided by
2.4the commissioner, as specified in the commercial licensee's license or permit. This tagging
2.5requirement does not apply to commercial fishing equipment used in Lake Superior.
2.6(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
2.7turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
2.8contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
2.9minimum of two days before they are used in any other waters, except as provided in this
2.10paragraph. Commercial licensees must notify the department's regional or area fisheries
2.11office or a conservation officer before removing nets or equipment from an infested water
2.12designated solely because it contains Eurasian water milfoil and before resetting those nets
2.13or equipment in any other waters. Upon notification, the commissioner may authorize a
2.14commercial licensee to move nets or equipment to another water without freezing or drying,
2.15if that water is designated as infested solely because it contains Eurasian water milfoil.
2.16(c) A commercial licensee must remove all aquatic macrophytes from nets and other
2.17equipmentwhen the nets and equipment are removed from before placing the equipment
2.18into waters of the state.
2.19(d) The commissioner shall provide a commercial licensee with a current listing of
2.20designated infested waters at the time that a license or permit is issued.
2.21 Sec. 3. Minnesota Statutes 2012, section 84D.09, is amended to read:
2.2284D.09 AQUATIC MACROPHYTES.
2.23 Subdivision 1. Transportation prohibited. Unless specifically authorized under
2.24a license or permit issued by the commissioner, a person may not transport aquatic
2.25macrophytes, except as provided in this section.
2.26 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
2.27aquatic macrophytes:
2.28 (1) that are duckweeds in the family Lemnaceae;
2.29(2) for disposal as part of a harvest or control activity when specifically authorized
2.30under an aquatic plant management permit pursuant to section
103G.615, under permit
2.31pursuant to section
84D.11, or as specified by the commissioner;
2.32(3) (2) for purposes of constructing shooting or observation blinds in amounts
2.33sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
2.34above the waterline;
3.1(4) (3) when legally purchased or traded by or from commercial or hobbyist sources
3.2for aquarium, wetland or lakeshore restoration, or ornamental purposes;
3.3(5) (4) when harvested for personal or commercial use if in a motor vehicle;
3.4(6) (5) to the department, or another destination as the commissioner may direct, in a
3.5sealed container for purposes of identifying a species or reporting the presence of a species;
3.6(7) when transporting commercial aquatic plant harvesting or control equipment to a
3.7suitable location for purposes of cleaning any remaining aquatic macrophytes;
3.8(8) (6) that are wild rice harvested under section
84.091 ;
3.9(9) (7) in the form of fragments of emergent aquatic macrophytes incidentally
3.10transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
3.11season; or
3.12(10) (8) when removing water-related equipment from waters of the state for
3.13purposes of cleaning off aquatic macrophytes before leaving a water access site.
3.14 Sec. 4. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
3.15 Subdivision 1. Launching prohibited. A person may not place or attempt to place
3.16into waters of the state water-related equipment, including aquatic plant harvesting or
3.17control equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive
3.18species attached except as provided in this section.
3.19 Sec. 5. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
3.20 Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
3.21of the state a person must drain water-related equipment holding water and live wells and
3.22bilges by removing the drain plug before transporting the water-related equipment off
3.23the water access site or riparian property.
3.24 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
3.25from ballast tanks, bilges, and live wells must be removed or opened while transporting
3.26water-related equipment.
3.27 (c) Emergency response vehicles and equipment may be transported on a public road
3.28with the drain plug or other similar device replaced only after all water has been drained
3.29from the equipment upon leaving the water body.
3.30 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
3.31when fishing through the ice except on waters designated infested for viral hemorrhagic
3.32septicemia, and marine sanitary systems are exempt from this subdivision.
3.33 (e) A person must not dispose of bait in waters of the state.
4.1(f) A boat lift, dock, swim raft, or associated equipment that has been removed
4.2from any water body may not be placed in another water body until a minimum of 21
4.3days have passed.
4.4(g) A person who transports water that is appropriated from noninfested surface
4.5water bodies and that is transported by a commercial vehicle, excluding watercraft, or
4.6commercial trailer, which vehicle or trailer is specifically designed and used for water
4.7hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
4.8the transported water to other surface waters or within 100 feet of a surface water body.
4.9(h) A person transporting water from noninfested surface water bodies for
4.10firefighting or emergencies that threaten human safety or property is exempt from
4.11paragraphs (a) and (b).
4.12 Sec. 6. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
4.13 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
4.14individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
4.15species, and water. The commissioner may enter into a delegation agreement with a
4.16tribal or local government where inspection authority as provided under paragraphs (b),
4.17(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
4.18and administrative responsibilities for inspection programs on some or all public waters
4.19within their jurisdiction.
4.20(b) Inspectors may visually and tactilely inspect watercraft and water-related
4.21equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
4.22is present. If a person transporting watercraft or water-related equipment refuses to
4.23take required corrective actions or fails to comply with an order under section84D.10 ,
4.24subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
4.25to a conservation officer or other licensed peace officer.
4.26(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
4.27may inspect any watercraft or water-related equipment that is stopped at a water access
4.28site, any other public location in the state, or a private location where the watercraft or
4.29water-related equipment is in plain view, if the officer determines there is reason to believe
4.30that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
4.31water-related equipment.
4.32(d) Conservation officers or other licensed peace officers may utilize check stations
4.33in locations, or in proximity to locations, where watercraft or other water-related
4.34equipment is placed into or removed from waters of the state. Any check stations shall be
4.35operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
5.1(e) Conservation officers or other licensed peace officers may order water-related
5.2equipment to be removed from a water body if the commissioner determines such action is
5.3needed to implement aquatic invasive species control measures.
5.4(f) The commissioner may require mandatory inspections of water-related equipment
5.5before a person places or removes water-related equipment into or out of a water body.
5.6Inspection stations may be located at or near public water accesses or in locations that
5.7allow for servicing individual or multiple water bodies. The commissioner shall ensure
5.8that inspection stations:
5.9(1) have adequate staffing to minimize delays to vehicles and their occupants;
5.10(2) allow for reasonable travel times between public accesses and inspection stations
5.11if inspection is required before placing water-related equipment into a water body;
5.12(3) are located so as not to create traffic delays or public safety issues;
5.13(4) have decontamination equipment available to bring water-related equipment
5.14into compliance; and
5.15(5) do not reduce the capacity or hours of operation of public water accesses.
5.16(g) The commissioner may authorize tribal and local governments that enter into
5.17a delegation agreement with the commissioner to conduct mandatory inspections of
5.18water-related equipment at specified locations within a defined area before a person
5.19places or removes water-related equipment into or out of a water body. Tribal and local
5.20governments that are authorized to conduct inspections under this paragraph must:
5.21(1) assume all legal, financial, and administrative responsibilities for implementing
5.22the mandatory inspections, alone or in agreement with other tribal or local governments;
5.23(2) employ inspectors that have been trained and authorized by the commissioner;
5.24(3) conduct inspections and decontamination measures in accordance with guidelines
5.25approved by the commissioner;
5.26(4) have decontamination equipment available at inspection stations or identify
5.27alternative decontamination equipment locations within a reasonable distance of the
5.28inspection station that can bring water-related equipment into compliance;
5.29(5) provide for inspection station locations that do not create traffic delays or public
5.30safety issues; and
5.31(6) submit a plan approved by the commissioner according to paragraph (h).
5.32(h) Plans required under paragraph (g) must address:
5.33(1) no reduction in capacity or hours of operation of public accesses and fees that
5.34do not discourage or limit use;
5.35(2) reasonable travel times between public accesses and inspection stations;
6.1(3) adequate staffing to minimize wait times and provide adequate hours of operation
6.2at inspection stations and public accesses;
6.3(4) adequate enforcement capacity;
6.4(5) measures to address inspections of water-related equipment at public water
6.5accesses for commercial entities and private riparian land owners; and
6.6(6) other elements as required by the commissioner to ensure statewide consistency,
6.7appropriate inspection and decontamination protocols, and protection of the state's
6.8resources, public safety, and access to public waters.
6.9(i) A government unit authorized to conduct inspections under this subdivision must
6.10submit an annual report to the commissioner summarizing the results and issues related
6.11to implementing the inspection program.
6.12(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
6.13programs where authorized inspectors are placed directly at one or more water access
6.14sites, with no requirement for a person to travel from the water access for inspection
6.15or decontamination, and no local ordinance or other regulation requiring a mandatory
6.16inspection before placing watercraft or water-related equipment into a water body or after
6.17watercraft or water-related equipment are removed from a water body.
6.18 Sec. 7. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
6.19to read:
6.20 Subd. 2b. Transport of water. The commissioner may issue a permit under this
6.21section or an authorization under other licenses or permits pursuant to sections 97C.801,
6.2297C.811, and 103G.271 to allow the transport of water in containers or water-related
6.23equipment specifically designed and used for hauling water.
6.24 Sec. 8. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
6.25to read:
6.26 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
6.27permit to allow the transport of aquatic macrophytes to locations specified in the permit
6.28for purposes of research, education, and decontaminating equipment.
6.29 Sec. 9. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
6.30to read:
6.31 Subd. 2d. Special permits. The commissioner may issue special permits for the
6.32activities in this section. A special permit may be issued in the form of a general permit
7.1to a governmental subdivision or to the general public to conduct one or more activities
7.2under a single permit.
7.3 Sec. 10. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
7.4 Subd. 2. Cumulative remedy. The authority of conservation officers and other
7.5licensed peace officers to issue civil citations is in addition to other remedies available
7.6under law, except that the state may not seek penalties under any other provision of law
7.7for the incident subject to the citation.
7.8 Sec. 11. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
7.9to read:
7.10 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
7.11order for a violation of chapter 84D involving water-related equipment must successfully
7.12complete a training course as provided in section 86B.13.
7.13EFFECTIVE DATE.This section is effective July 1, 2015.
7.14 Sec. 12. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
7.15to read:
7.16 Subd. 1a. Training for offenders. A person who is convicted of or subject to
7.17a final order for a violation of chapter 84D involving water-related equipment must
7.18successfully complete the training course in subdivision 1 before continuing operation or
7.19use of water-related equipment.
7.20EFFECTIVE DATE.This section is effective July 1, 2015.
7.21 Sec. 13. REPEALER.
7.22Minnesota Statutes 2012, section 84D.01, subdivision 22, is repealed.
1.3modifying invasive species penalties and enforcement;amending Minnesota
1.4Statutes 2012, sections 84D.01, subdivision 15a; 84D.03, subdivision 4;
1.584D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding
1.6subdivisions; 84D.13, subdivision 2, by adding a subdivision; 86B.13, by adding
1.7a subdivision; repealing Minnesota Statutes 2012, section 84D.01, subdivision 22.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to
1.10read:
1.11 Subd. 15a. Service provider. "Service provider" means an individual who or entity
1.12that decontaminates, installs, or removes water-related equipment or structures from
1.13waters of the state for hire or as a service provided as a benefit of membership in a yacht
1.14club, boat club, marina, or similar organization. Service provider does not include a
1.15person working under the supervision of an individual with a valid service provider permit
1.16issued under section
1.17 Sec. 2. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
1.18 Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting
1.19restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
1.20stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
1.21an infested water that is designated because it contains invasive fish, invertebrates, or
1.22certifiable diseases, as defined in section
1.23If a commercial licensee operates in an infested water designated because it contains
1.24invasive fish, invertebrates, or certifiable diseases, as defined in section
2.1traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
2.2crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
2.3certifiable diseases, as defined in section
2.4the commissioner, as specified in the commercial licensee's license or permit. This tagging
2.5requirement does not apply to commercial fishing equipment used in Lake Superior.
2.6(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
2.7turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
2.8contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
2.9minimum of two days before they are used in any other waters, except as provided in this
2.10paragraph. Commercial licensees must notify the department's regional or area fisheries
2.11office or a conservation officer before removing nets or equipment from an infested water
2.12designated solely because it contains Eurasian water milfoil and before resetting those nets
2.13or equipment in any other waters. Upon notification, the commissioner may authorize a
2.14commercial licensee to move nets or equipment to another water without freezing or drying,
2.15if that water is designated as infested solely because it contains Eurasian water milfoil.
2.16(c) A commercial licensee must remove all aquatic macrophytes from nets and other
2.17equipment
2.18into waters of the state.
2.19(d) The commissioner shall provide a commercial licensee with a current listing of
2.20designated infested waters at the time that a license or permit is issued.
2.21 Sec. 3. Minnesota Statutes 2012, section 84D.09, is amended to read:
2.2284D.09 AQUATIC MACROPHYTES.
2.23 Subdivision 1. Transportation prohibited. Unless specifically authorized under
2.24a license or permit issued by the commissioner, a person may not transport aquatic
2.25macrophytes, except as provided in this section.
2.26 Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport
2.27aquatic macrophytes:
2.28 (1) that are duckweeds in the family Lemnaceae;
2.29
2.30
2.31
2.32
2.33sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
2.34above the waterline;
3.1
3.2for aquarium, wetland or lakeshore restoration, or ornamental purposes;
3.3
3.4
3.5sealed container for purposes of identifying a species or reporting the presence of a species;
3.6
3.7
3.8
3.9
3.10transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
3.11season; or
3.12
3.13purposes of cleaning off aquatic macrophytes before leaving a water access site.
3.14 Sec. 4. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
3.15 Subdivision 1. Launching prohibited. A person may not place or attempt to place
3.16into waters of the state water-related equipment, including aquatic plant harvesting or
3.17control equipment that has aquatic macrophytes
3.18species attached except as provided in this section.
3.19 Sec. 5. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
3.20 Subd. 4. Persons transporting water-related equipment. (a) When leaving waters
3.21of the state a person must drain water-related equipment holding water and live wells and
3.22bilges by removing the drain plug before transporting the water-related equipment off
3.23the water access site or riparian property.
3.24 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
3.25from ballast tanks, bilges, and live wells must be removed or opened while transporting
3.26water-related equipment.
3.27 (c) Emergency response vehicles and equipment may be transported on a public road
3.28with the drain plug or other similar device replaced only after all water has been drained
3.29from the equipment upon leaving the water body.
3.30 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
3.31when fishing through the ice except on waters designated infested for viral hemorrhagic
3.32septicemia, and marine sanitary systems are exempt from this subdivision.
3.33 (e) A person must not dispose of bait in waters of the state.
4.1(f) A boat lift, dock, swim raft, or associated equipment that has been removed
4.2from any water body may not be placed in another water body until a minimum of 21
4.3days have passed.
4.4(g) A person who transports water that is appropriated from noninfested surface
4.5water bodies and that is transported by a commercial vehicle, excluding watercraft, or
4.6commercial trailer, which vehicle or trailer is specifically designed and used for water
4.7hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
4.8the transported water to other surface waters or within 100 feet of a surface water body.
4.9(h) A person transporting water from noninfested surface water bodies for
4.10firefighting or emergencies that threaten human safety or property is exempt from
4.11paragraphs (a) and (b).
4.12 Sec. 6. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
4.13 Subd. 2. Inspector authority. (a) The commissioner shall train and authorize
4.14individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
4.15species, and water. The commissioner may enter into a delegation agreement with a
4.16tribal or local government where inspection authority as provided under paragraphs (b),
4.17(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
4.18and administrative responsibilities for inspection programs on some or all public waters
4.19within their jurisdiction.
4.20(b) Inspectors may visually and tactilely inspect watercraft and water-related
4.21equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
4.22is present. If a person transporting watercraft or water-related equipment refuses to
4.23take required corrective actions or fails to comply with an order under section
4.24subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
4.25to a conservation officer or other licensed peace officer.
4.26(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
4.27may inspect any watercraft or water-related equipment that is stopped at a water access
4.28site, any other public location in the state, or a private location where the watercraft or
4.29water-related equipment is in plain view, if the officer determines there is reason to believe
4.30that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
4.31water-related equipment.
4.32(d) Conservation officers or other licensed peace officers may utilize check stations
4.33in locations, or in proximity to locations, where watercraft or other water-related
4.34equipment is placed into or removed from waters of the state. Any check stations shall be
4.35operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
5.1(e) Conservation officers or other licensed peace officers may order water-related
5.2equipment to be removed from a water body if the commissioner determines such action is
5.3needed to implement aquatic invasive species control measures.
5.4(f) The commissioner may require mandatory inspections of water-related equipment
5.5before a person places or removes water-related equipment into or out of a water body.
5.6Inspection stations may be located at or near public water accesses or in locations that
5.7allow for servicing individual or multiple water bodies. The commissioner shall ensure
5.8that inspection stations:
5.9(1) have adequate staffing to minimize delays to vehicles and their occupants;
5.10(2) allow for reasonable travel times between public accesses and inspection stations
5.11if inspection is required before placing water-related equipment into a water body;
5.12(3) are located so as not to create traffic delays or public safety issues;
5.13(4) have decontamination equipment available to bring water-related equipment
5.14into compliance; and
5.15(5) do not reduce the capacity or hours of operation of public water accesses.
5.16(g) The commissioner may authorize tribal and local governments that enter into
5.17a delegation agreement with the commissioner to conduct mandatory inspections of
5.18water-related equipment at specified locations within a defined area before a person
5.19places or removes water-related equipment into or out of a water body. Tribal and local
5.20governments that are authorized to conduct inspections under this paragraph must:
5.21(1) assume all legal, financial, and administrative responsibilities for implementing
5.22the mandatory inspections, alone or in agreement with other tribal or local governments;
5.23(2) employ inspectors that have been trained and authorized by the commissioner;
5.24(3) conduct inspections and decontamination measures in accordance with guidelines
5.25approved by the commissioner;
5.26(4) have decontamination equipment available at inspection stations or identify
5.27alternative decontamination equipment locations within a reasonable distance of the
5.28inspection station that can bring water-related equipment into compliance;
5.29(5) provide for inspection station locations that do not create traffic delays or public
5.30safety issues; and
5.31(6) submit a plan approved by the commissioner according to paragraph (h).
5.32(h) Plans required under paragraph (g) must address:
5.33(1) no reduction in capacity or hours of operation of public accesses and fees that
5.34do not discourage or limit use;
5.35(2) reasonable travel times between public accesses and inspection stations;
6.1(3) adequate staffing to minimize wait times and provide adequate hours of operation
6.2at inspection stations and public accesses;
6.3(4) adequate enforcement capacity;
6.4(5) measures to address inspections of water-related equipment at public water
6.5accesses for commercial entities and private riparian land owners; and
6.6(6) other elements as required by the commissioner to ensure statewide consistency,
6.7appropriate inspection and decontamination protocols, and protection of the state's
6.8resources, public safety, and access to public waters.
6.9(i) A government unit authorized to conduct inspections under this subdivision must
6.10submit an annual report to the commissioner summarizing the results and issues related
6.11to implementing the inspection program.
6.12(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
6.13programs where authorized inspectors are placed directly at one or more water access
6.14sites, with no requirement for a person to travel from the water access for inspection
6.15or decontamination, and no local ordinance or other regulation requiring a mandatory
6.16inspection before placing watercraft or water-related equipment into a water body or after
6.17watercraft or water-related equipment are removed from a water body.
6.18 Sec. 7. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
6.19to read:
6.20 Subd. 2b. Transport of water. The commissioner may issue a permit under this
6.21section or an authorization under other licenses or permits pursuant to sections 97C.801,
6.2297C.811, and 103G.271 to allow the transport of water in containers or water-related
6.23equipment specifically designed and used for hauling water.
6.24 Sec. 8. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
6.25to read:
6.26 Subd. 2c. Transport of aquatic macrophytes. The commissioner may issue a
6.27permit to allow the transport of aquatic macrophytes to locations specified in the permit
6.28for purposes of research, education, and decontaminating equipment.
6.29 Sec. 9. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
6.30to read:
6.31 Subd. 2d. Special permits. The commissioner may issue special permits for the
6.32activities in this section. A special permit may be issued in the form of a general permit
7.1to a governmental subdivision or to the general public to conduct one or more activities
7.2under a single permit.
7.3 Sec. 10. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
7.4 Subd. 2. Cumulative remedy. The authority of conservation officers and other
7.5licensed peace officers to issue civil citations is in addition to other remedies available
7.6under law, except that the state may not seek penalties under any other provision of law
7.7for the incident subject to the citation.
7.8 Sec. 11. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
7.9to read:
7.10 Subd. 9. Training for offenders. A person who is convicted of or subject to a final
7.11order for a violation of chapter 84D involving water-related equipment must successfully
7.12complete a training course as provided in section 86B.13.
7.13EFFECTIVE DATE.This section is effective July 1, 2015.
7.14 Sec. 12. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
7.15to read:
7.16 Subd. 1a. Training for offenders. A person who is convicted of or subject to
7.17a final order for a violation of chapter 84D involving water-related equipment must
7.18successfully complete the training course in subdivision 1 before continuing operation or
7.19use of water-related equipment.
7.20EFFECTIVE DATE.This section is effective July 1, 2015.
7.21 Sec. 13. REPEALER.
7.22Minnesota Statutes 2012, section 84D.01, subdivision 22, is repealed.
