1.1 	A bill for an act
1.2 	relating to natural resources; modifying nonnative species provisions; modifying 
1.3 	certain requirements for public waters work permits; modifying requirements for 
1.4 	permits to control or harvest aquatic plants; providing criminal penalties and civil 
1.5 	penalties;amending Minnesota Statutes 2010, sections 84D.01, subdivisions 8a, 
1.6 	16, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 
1.7 	3, 4; 84D.08; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 
1.8 	84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 103G.311, subdivision 
1.9 	5; 103G.615, subdivision 1, by adding a subdivision; proposing coding for new 
1.10 	law in Minnesota Statutes, chapters 84D; 86B; repealing Minnesota Statutes 
1.11 	2010, section 84D.02, subdivision 4.
1.12 	BE 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 
1.14 	subdivision to read:
1.15 		Subd. 3a.Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally 
1.16 	or otherwise treat water-related equipment in order to remove or destroy aquatic invasive 
1.17 	species using the "Recommended Uniform Minimum Protocols and Standards for 
1.18 	Watercraft Interception Programs for Dreissenid Mussels in the Western United States" 
1.19 	(September 2009) prepared for the Western Regional Panel on Aquatic Nuisance Species, 
1.20 	or 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 
1.23 	nonnative 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 
1.25 	nonnative species was removed; or
2.1 	(2) the seasonal return of nonnative species attached to water-related equipment, 
2.2 	such as a dock or boat lift, that has been stored on riparian property and directly returned 
2.3 	to 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 
2.5 	to read:
2.6 		Subd. 8b.Inspect. "Inspect" means to examine water-related equipment to 
2.7 	determine whether aquatic invasive species, aquatic macrophytes, or water is present and 
2.8 	includes removal, drainage, decontamination, or treatment to prevent the transportation 
2.9 	and 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 
2.11 	to read:
2.12 		Subd. 8c.Inspector. "Inspector" means: (1) an individual trained and authorized by 
2.13 	the commissioner to inspect water-related equipment under section 84D.105, subdivision 
2.14 	2, 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 
2.16 	to read:
2.17 		Subd. 15a.Service provider. "Service provider" means an individual who 
2.18 	installs or removes water-related equipment or structures from waters of the state for 
2.19 	hire. "Service provider" does not include a person working under the supervision of an 
2.20 	individual 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 
2.23 	carried or moved into or within the state, and includes accepting or receiving the species 
2.24 	for transportation or shipment. Transport does not include:
2.25 	(1) the transport movement of infested water or a nonnative species within a water 
2.26 	of the state or to a connected water of the state where the species being transported is 
2.27 	already present; or
2.28 	(2) the movement of a nonnative species attached to water-related equipment or 
2.29 	other water-related structures from a water of the state to the shore of riparian property on 
2.30 	that water or the return of water-related equipment or structures from the shore into the 
2.31 	same water of the state.

3.1 	Sec. 7. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 
3.2 	to read:
3.3 		Subd. 18a.Water-related equipment. "Water-related equipment" means a motor 
3.4 	vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or 
3.5 	any other associated equipment or container, including but not limited to portable bait 
3.6 	containers, live wells, ballast tanks except for those vessels permitted under the Pollution 
3.7 	Control Agency vessel discharge program, bilge areas, and water-hauling equipment that 
3.8 	is capable of containing or transporting aquatic invasive species, aquatic macrophytes, 
3.9 	or 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 
3.12 	nature, endowed with sensation and power of voluntary motion has the meaning given 
3.13 	under 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 
3.16 	report on invasive species of aquatic plants and wild animals to the legislative committees 
3.17 	having jurisdiction over environmental and natural resource issues. The report must 
3.18 	include:
3.19 	(1) detailed information on expenditures for administration, education, management, 
3.20 	inspections, and research;
3.21 	(2) an analysis of the effectiveness of management activities conducted in the state, 
3.22 	including chemical control, harvesting, educational efforts, and inspections;
3.23 	(3) information on the participation of other state agencies, local government units, 
3.24 	and 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 
3.27 	the 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 
3.30 	infested waters for bait or aquatic farm purposes is prohibited, except as provided in 
3.31 	paragraph (b) and section 97C.341.
4.1 	(b) In waters that are designated as infested waters, except those designated because 
4.2 	they contain prohibited invasive species of fish or certifiable diseases of fish, as defined 
4.3 	under 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 
4.5 	to 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 
4.7 	water milfoil, when the infested waters are designated solely because they contain 
4.8 	Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow 
4.9 	traps 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 
4.11 	permit issued under paragraph (b) may not be transported to, or used in, any waters other 
4.12 	than 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 
4.15 	restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors, 
4.16 	stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in 
4.17 	an infested water that is designated because it contains invasive fish, invertebrates, or 
4.18 	certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If 
4.19 	a commercial licensee operates in both an infested water designated because it contains 
4.20 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other 
4.21 	waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or 
4.22 	turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish, 
4.23 	invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with 
4.24 	tags provided by the commissioner, as specified in the commercial licensee's license or 
4.25 	permit, and may not be used in infested waters designated because the waters contain 
4.26 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982. This 
4.27 	tagging requirement does not apply to commercial fishing equipment used in Lake 
4.28 	Superior.
4.29 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or 
4.30 	turtle, frog, or crayfish harvesting in an infested water that is designated solely because it 
4.31 	contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a 
4.32 	minimum of two days before they are used in any other waters, except as provided in this 
4.33 	paragraph. Commercial licensees must notify the department's regional or area fisheries 
4.34 	office or a conservation officer before removing nets or equipment from an infested water 
4.35 	designated solely because it contains Eurasian water milfoil and before resetting those 
5.1 	nets or equipment in any other waters. Upon notification, the commissioner may authorize 
5.2 	a commercial licensee to move nets or equipment to another water without freezing or 
5.3 	drying, if that water is designated as infested solely because it contains Eurasian water 
5.4 	milfoil.
5.5 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
5.6 	equipment 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 
5.8 	designated 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 
5.10 	transporting and stocking shall transport the aquatic life to a holding facility. The aquatic 
5.11 	life shall remain in the holding facility for at least ten hours and be examined for the 
5.12 	presence 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:
5.15 	84D.08 ESCAPE OF NONNATIVE AND INVASIVE SPECIES; 
5.16 	NOTIFICATION.
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 
5.19 	invasive, regulated invasive, or unlisted nonnative species shall, within 24 hours after 
5.20 	learning of the introduction, notify the commissioner, a conservation officer, or another 
5.21 	person designated by the commissioner. The person shall make every reasonable attempt 
5.22 	to recapture or destroy the introduced animal. If the animal is a prohibited invasive 
5.23 	species, the person is liable for the actual costs incurred by the department in capturing or 
5.24 	controlling, or attempting to capture or control, the animal and its progeny. If the animal is 
5.25 	a regulated invasive species, the person is liable for these costs if the introduction was in 
5.26 	violation 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 
5.28 	under section 84D.13 for the introduction. 
5.29 		Subd. 2.Aquatic invasive species; notification. (a) Identification of an aquatic 
5.30 	invasive species through sampling and monitoring procedures at a location where that 
5.31 	species has not been known to exist shall be reported immediately to the commissioner 
5.32 	or an inspector.
5.33 	(b) Any person that becomes aware of or suspects an aquatic invasive species being 
5.34 	present at a location where that species has not been known to exist shall report the aquatic 
5.35 	invasive 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 
6.2 	and time of the detection of the aquatic invasive species, the exact location of sighting, the 
6.3 	suspected species, and the name and contact information of the reporter. Any samples 
6.4 	collected of suspected aquatic invasive species shall be submitted to the commissioner or 
6.5 	an inspector designated by the commissioner within 48 hours.

6.6 	Sec. 13. Minnesota Statutes 2010, section 84D.09, is amended to read:
6.7 	84D.09 AQUATIC MACROPHYTES.
6.8 		Subdivision 1.Transportation prohibited. A person may not transport aquatic 
6.9 	macrophytes on any state forest road as defined by section 89.001, subdivision 14, any 
6.10 	road or highway as defined in section 160.02, subdivision 26, or any other public road, 
6.11 	except as provided in this section. 
6.12 		Subd. 2.Exceptions. Unless otherwise prohibited by law, a person may transport 
6.13 	aquatic 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 
6.16 	plant management permit pursuant to section 103G.615, under permit pursuant to section 
6.17 	84D.11, or as specified by the commissioner; 
6.18 	(3) for purposes of constructing shooting or observation blinds in amounts sufficient 
6.19 	for that purpose, provided that the aquatic macrophytes are emergent and cut above the 
6.20 	waterline;
6.21 	(4) when legally purchased or traded by or from commercial or hobbyist sources for 
6.22 	aquarium, 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 
6.25 	sealed 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 
6.27 	suitable 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 
6.30 	transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl 
6.31 	season; or
6.32 	(10) when removing water-related equipment from waters of the state for purposes 
6.33 	of 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 
7.2 	place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
7.3 	equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species 
7.4 	attached 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 
7.7 	peace officer may order:
7.8 	(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer 
7.9 	or 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 
7.11 	other 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 
7.13 	to remove prohibited invasive species if the water has not been designated by the 
7.14 	commissioner as being infested with that species; and
7.15 	(4) a prohibition on placing water-related equipment into waters of the state when 
7.16 	the water-related equipment has aquatic macrophytes or prohibited invasive species 
7.17 	attached in violation of subdivision 1 or when water has not been drained or the drain plug 
7.18 	has not been removed in violation of subdivision 4.
7.19 	(b) An inspector who is not a licensed peace officer may issue orders under 
7.20 	paragraph (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 
7.23 	equipment. (a) A person When leaving waters of the state a person must drain 
7.24 	boating-related water-related equipment holding water and live wells and bilges by 
7.25 	removing the drain plug before transporting the watercraft and associated water-related
7.26 	equipment 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 
7.28 	from ballast tanks, bilges, and live wells must be removed or opened while transporting 
7.29 	watercraft on a public road water-related equipment.
7.30 	(c) Marine sanitary systems and portable bait containers used by licensed aquatic 
7.31 	farms 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 
7.34 	the chairs and ranking minority members of the house of representatives and senate 
8.1 	committees and divisions having jurisdiction over water resources policy and finance. The 
8.2 	report shall advise the legislature on additional measures to protect state water resources 
8.3 	from human transport of invasive species.
8.4 	(e) Emergency response vehicles and equipment that are being used in responding to 
8.5 	an emergency may be transported on a public road with the drain plug or other similar 
8.6 	device replaced only after all water has been drained from the equipment upon leaving 
8.7 	the water body.

8.8 	Sec. 17. [84D.105] INSPECTION OF WATER-RELATED EQUIPMENT.
8.9 		Subdivision 1.Compliance inspections. Compliance with aquatic invasive 
8.10 	species inspection requirements is an express condition of operating or transporting 
8.11 	water-related equipment. An inspector may prohibit an individual from placing or 
8.12 	operating water-related equipment in waters of the state if the individual refuses to allow 
8.13 	an inspection of the individual's water-related equipment or refuses to remove and dispose 
8.14 	of aquatic invasive species, aquatic macrophytes, and water.
8.15 		Subd. 2.Inspector authority. (a) The commissioner shall train and authorize 
8.16 	individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive 
8.17 	species, and water.
8.18 	(b) Inspectors may visually and tactilely inspect watercraft and water-related 
8.19 	equipment to determine whether aquatic invasive species, aquatic macrophytes, or water 
8.20 	is present. If a person transporting watercraft or water-related equipment refuses to 
8.21 	take required corrective actions or fails to comply with an order under section 84D.10, 
8.22 	subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a 
8.23 	conservation officer or other licensed peace officer.
8.24 	(c) In addition to paragraph (b), a conservation officer or other licensed peace officer 
8.25 	may inspect any watercraft or water-related equipment that is stopped at a water access 
8.26 	site, any other public location in the state, or a private location where the watercraft or 
8.27 	water equipment is in plain view, if the officer determines there is reason to believe that 
8.28 	aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or 
8.29 	water-related equipment.
8.30 	(d) Conservation officers or other licensed peace officers may utilize check stations 
8.31 	in locations, or in proximity to locations, where watercraft or other water-related 
8.32 	equipment is placed into or removed from waters of the state. Any check stations shall be 
8.33 	operated 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 
9.2 	for and obtain a permit from the commissioner before providing any services described in 
9.3 	section 84D.01, subdivision 15a.
9.4 	(b) Service providers must have a valid permit in possession while providing 
9.5 	services described in section 84D.01, subdivision 15a.
9.6 		Subd. 2.Permit requirements. (a) Service providers must complete invasive 
9.7 	species training provided by the commissioner and pass an examination to qualify for a 
9.8 	permit. Service provider permits are valid for three calendar years.
9.9 	(b) A $50 application and testing fee is required for service provider permit 
9.10 	applications.
9.11 	(c) Persons working for a permittee must satisfactorily complete aquatic invasive 
9.12 	species-related training provided by the commissioner.
9.13 		Subd. 3.Standard for issuing. The commissioner may issue, deny, modify, or 
9.14 	revoke 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 
9.16 	in 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 
9.19 	a permit to allow the harvest of bait from waters that are designated as infested waters, 
9.20 	except those designated because they contain prohibited invasive species of fish. The 
9.21 	permit 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 
9.23 	must satisfactorily complete aquatic invasive species-related training provided by the 
9.24 	commissioner.

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
9.27 	sections 84D.03 or84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under 
9.28 	section 84D.12, is guilty of a misdemeanor. 
9.29 	(b) A person who possesses, transports, or introduces a prohibited invasive species in 
9.30 	violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases, 
9.31 	sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty 
9.32 	of a gross misdemeanor. 
10.1 	(c) A person who refuses to obey an order of a peace officer or conservation officer 
10.2 	to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer, 
10.3 	or 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 
10.6 	officers, other licensed peace officers, and other department personnel designated by the 
10.7 	commissioner 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 
10.10 	watercraft, or plant harvesting water-related equipment that has aquatic macrophytes 
10.11 	or prohibited invasive species attached;
10.12 	(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 
10.13 	by rule, Eurasian water milfoil;
10.14 	(4) fails to remove plugs, open valves, and drain water, as required by rule, from 
10.15 	watercraft and water-related equipment before leaving designated zebra mussel, spiny 
10.16 	water flea, or other invasive plankton infested waters of the state or when transporting 
10.17 	water-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 
10.21 	the following penalty amounts:
10.22 	(1) for transporting aquatic macrophytes on a forest road as defined by section 
10.23 	89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or 
10.24 	any 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 
10.26 	aquatic 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 
10.29 	than an aquatic macrophyte, $250 $500;
10.30 	(4) for placing or attempting to place into waters of the state a watercraft, a trailer, 
10.31 	or aquatic plant harvesting water-related equipment that has prohibited invasive species 
10.32 	attached when the waters are not designated by the commissioner as being infested with 
10.33 	that 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 
11.2 	prescribed by rule, Eurasian water milfoil, $100;
11.3 	(6) for failing to remove plugs, open valves, and drain water, as required by rule, 
11.4 	for infested waters and from watercraft and water-related equipment, other than marine 
11.5 	sanitary systems and portable bait containers, before leaving waters of the state, $50 or 
11.6 	when 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 
11.9 	by rule, $200.
11.10 	(b) A civil citation that is issued to a person who has one or more prior convictions 
11.11 	or final orders for violations of this chapter is subject to twice the penalty amounts listed 
11.12 	in 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, 
11.15 	for up to a year, the watercraft license of an owner or person in control of a watercraft 
11.16 	or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4,
11.17 	84D.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 
11.20 	license suspension is effective 30 days after issuance of the civil citation. A civil penalty 
11.21 	collected under this section is payable tomust be paid to either: (1) the commissioner
11.22 	if the citation was issued by a conservation officer and must be credited to the invasive 
11.23 	species account; or (2) the treasury of the unit of government employing the officer who 
11.24 	issued 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 
11.27 	section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service 
11.28 	provider permits under section 84D.108, shall be deposited in the invasive species account. 
11.29 	Each year, the commissioner of management and budget shall transfer from the game and 
11.30 	fish fund to the invasive species account, the annual surcharge collected on nonresident 
11.31 	fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010 
11.32 	and 2011, the commissioner of management and budget shall transfer $725,000 from the 
11.33 	water 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 
12.3 	species rules decal issued by the commissioner on the owner or operator's watercraft prior 
12.4 	to 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 
12.6 	to 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 
12.9 	issuing or denying the permit, the applicant, the managers of the watershed district, the 
12.10 	board of supervisors of the soil and water conservation district, or the mayor governing 
12.11 	body of the municipality may file a demand for hearing on the application. The demand 
12.12 	for a hearing must be filed within 30 days after mailed notice of the order with the bond 
12.13 	required by subdivision 6.
12.14 	(b) The commissioner must give notice as provided in subdivision 2, hold a hearing 
12.15 	on the application, and make a determination on issuing or denying the permit as though 
12.16 	the 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 
12.18 	mailed notice of the order to the applicant, the managers of the watershed district, the 
12.19 	board of supervisors of the soil and water conservation district, or the mayor governing 
12.20 	body 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 
12.25 	permits, with or without a fee, to:
12.26 	(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public 
12.27 	waters;
12.28 	(2) transplant aquatic plants into public waters;
12.29 	(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters 
12.30 	under prescribed conditions to protect the waters, desirable species of fish, vegetation, 
12.31 	other 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 
13.2 	on December 31 of the year it is issued unless the commissioner stipulates a different 
13.3 	expiration date in rule or in the permit.

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

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

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

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

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