HF 1091

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:46pm

A bill for an act
relating to natural resources; modifying aquatic invasive species provisions;
modifying invasive species penalties and enforcement; amending Minnesota
Statutes 2012, sections 84D.01, subdivision 15a; 84D.03, subdivision 4;
84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding
subdivisions; 84D.13, subdivision 2, by adding a subdivision; 86B.13, by adding
a subdivision; repealing Minnesota Statutes 2012, section 84D.01, subdivision 22.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to
read:

Subd. 15a.

Service provider.

"Service provider" means an individual who or entity
that new text begin decontaminates, new text end installs new text begin , new text end or removes water-related equipment or structures from
waters of the state for hire or as a service provided as a benefit of membership in a yacht
club, boat club, marina, or similar organization. Service provider does not include a
person working under the supervision of an individual with a valid service provider permit
issued under section 84D.108.

Sec. 2.

Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:

Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters.

(a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
If a commercial licensee operates in an infested water designated because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by
the commissioner, as specified in the commercial licensee's license or permit. This tagging
requirement does not apply to commercial fishing equipment used in Lake Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those nets
or equipment in any other waters. Upon notification, the commissioner may authorize a
commercial licensee to move nets or equipment to another water without freezing or drying,
if that water is designated as infested solely because it contains Eurasian water milfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment deleted text begin when the nets and equipment are removed from deleted text end new text begin before placing the equipment
into new text end waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.

Sec. 3.

Minnesota Statutes 2012, section 84D.09, is amended to read:

84D.09 AQUATIC MACROPHYTES.

Subdivision 1.

Transportation prohibited.

new text begin Unless specifically authorized under
a license or permit issued by the commissioner, new text end a person may not transport aquatic
macrophytes, except as provided in this section.

Subd. 2.

Exceptions.

Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

deleted text begin (2) for disposal as part of a harvest or control activity when specifically authorized
under an aquatic plant management permit pursuant to section 103G.615, under permit
pursuant to section 84D.11, or as specified by the commissioner;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end for purposes of constructing shooting or observation blinds in amounts
sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut
above the waterline;

deleted text begin (4) deleted text end new text begin (3) new text end when legally purchased or traded by or from commercial or hobbyist sources
for aquarium, wetland or lakeshore restoration, or ornamental purposes;

deleted text begin (5) deleted text end new text begin (4) new text end when harvested for personal or commercial use if in a motor vehicle;

deleted text begin (6) deleted text end new text begin (5) new text end to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;

deleted text begin (7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;
deleted text end

deleted text begin (8) deleted text end new text begin (6) new text end that are wild rice harvested under section 84.091;

deleted text begin (9) deleted text end new text begin (7) new text end in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season; or

deleted text begin (10) deleted text end new text begin (8) new text end when removing water-related equipment from waters of the state for
purposes of cleaning off aquatic macrophytes before leaving a water access site.

Sec. 4.

Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:

Subdivision 1.

Launching prohibited.

A person may not place or attempt to place
into waters of the state water-related equipment, including aquatic plant harvesting or
control equipment that has aquatic macrophytes deleted text begin , zebra mussels, deleted text end or prohibited invasive
species attached except as provided in this section.

Sec. 5.

Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:

Subd. 4.

Persons transporting water-related equipment.

(a) When leaving waters
of the state a person must drain water-related equipment holding water and live wells and
bilges by removing the drain plug before transporting the water-related equipment off
the water access site or riparian property.

(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
water-related equipment.

(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.

(d) Portable bait containers used by licensed aquatic farms, portable bait containers
when fishing through the ice except on waters designated infested for viral hemorrhagic
septicemia, and marine sanitary systems are exempt from this subdivision.

(e) A person must not dispose of bait in waters of the state.

(f) A boat lift, dock, swim raft, or associated equipment that has been removed
from any water body may not be placed in another water body until a minimum of 21
days have passed.

new text begin (g) A person who transports water that is appropriated from noninfested surface
water bodies and that is transported by a commercial vehicle, excluding watercraft, or
commercial trailer, which vehicle or trailer is specifically designed and used for water
hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
the transported water to other surface waters or within 100 feet of a surface water body.
new text end

new text begin (h) A person transporting water from noninfested surface water bodies for
firefighting or emergencies that threaten human safety or property is exempt from
paragraphs (a) and (b).
new text end

Sec. 6.

Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:

Subd. 2.

Inspector authority.

(a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water. The commissioner may enter into a delegation agreement with a
tribal or local government where inspection authority as provided under paragraphs (b),
(g), and (h) is delegated to tribal and local governments that assume all legal, financial,
and administrative responsibilities for inspection programs on some or all public waters
within their jurisdiction.

(b) Inspectors may visually and tactilely inspect watercraft and water-related
equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
is present. If a person transporting watercraft or water-related equipment refuses to
take required corrective actions or fails to comply with an order under section 84D.10,
subdivision 3, an inspector who is not a licensed peace officer shall refer the violation
to a conservation officer or other licensed peace officer.

(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site, any other public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is reason to believe
that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.

(d) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

(e) Conservation officers or other licensed peace officers may order water-related
equipment to be removed from a water body if the commissioner determines such action is
needed to implement aquatic invasive species control measures.

(f) The commissioner may require mandatory inspections of water-related equipment
before a person places or removes water-related equipment into or out of a water body.
Inspection stations may be located at or near public water accesses or in locations that
allow for servicing new text begin individual or new text end multiple water bodies. The commissioner shall ensure
that inspection stations:

(1) have adequate staffing to minimize delays to vehicles and their occupants;

(2) allow for reasonable travel times between public accesses and inspection stations
if inspection is required before placing water-related equipment into a water body;

(3) are located so as not to create traffic delays or public safety issues;

(4) have decontamination equipment available to bring water-related equipment
into compliance; and

(5) do not reduce the capacity or hours of operation of public water accesses.

(g) The commissioner may authorize tribal and local governments that enter into
a delegation agreement with the commissioner to conduct mandatory inspections of
water-related equipment at specified locations within a defined area before a person
places or removes water-related equipment into or out of a water body. Tribal and local
governments that are authorized to conduct inspections under this paragraph must:

(1) assume all legal, financial, and administrative responsibilities for implementing
the mandatory inspections, alone or in agreement with other tribal or local governments;

(2) employ inspectors that have been trained and authorized by the commissioner;

(3) conduct inspections and decontamination measures in accordance with guidelines
approved by the commissioner;

(4) have decontamination equipment available at inspection stations or identify
alternative decontamination equipment locations within a reasonable distance of the
inspection station that can bring water-related equipment into compliance;

(5) provide for inspection station locations that do not create traffic delays or public
safety issues; and

(6) submit a plan approved by the commissioner according to paragraph (h).

(h) Plans required under paragraph (g) must address:

(1) no reduction in capacity or hours of operation of public accesses and fees that
do not discourage or limit use;

(2) reasonable travel times between public accesses and inspection stations;

(3) adequate staffing to minimize wait times and provide adequate hours of operation
at inspection stations and public accesses;

(4) adequate enforcement capacity;

(5) measures to address inspections of water-related equipment at public water
accesses for commercial entities and private riparian land owners; and

(6) other elements as required by the commissioner to ensure statewide consistency,
appropriate inspection and decontamination protocols, and protection of the state's
resources, public safety, and access to public waters.

(i) A government unit authorized to conduct inspections under this subdivision must
submit an annual report to the commissioner summarizing the results and issues related
to implementing the inspection program.

(j) The commissioner may waive the plan requirement in paragraph (g) for inspection
programs where authorized inspectors are placed directly at one or more water access
sites, with no requirement for a person to travel from the water access for inspection
or decontamination, and no local ordinance or other regulation requiring a mandatory
inspection before placing watercraft or water-related equipment into a water body or after
watercraft or water-related equipment are removed from a water body.

Sec. 7.

Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Transport of water. new text end

new text begin The commissioner may issue a permit under this
section or an authorization under other licenses or permits pursuant to sections 97C.801,
97C.811, and 103G.271 to allow the transport of water in containers or water-related
equipment specifically designed and used for hauling water.
new text end

Sec. 8.

Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Transport of aquatic macrophytes. new text end

new text begin The commissioner may issue a
permit to allow the transport of aquatic macrophytes to locations specified in the permit
for purposes of research, education, and decontaminating equipment.
new text end

Sec. 9.

Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Special permits. new text end

new text begin The commissioner may issue special permits for the
activities in this section. A special permit may be issued in the form of a general permit
to a governmental subdivision or to the general public to conduct one or more activities
under a single permit.
new text end

Sec. 10.

Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:

Subd. 2.

Cumulative remedy.

The authority of conservation officers new text begin and other
licensed peace officers new text end to issue civil citations is in addition to other remedies available
under law, except that the state may not seek penalties under any other provision of law
for the incident subject to the citation.

Sec. 11.

Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Training for offenders. new text end

new text begin A person who is convicted of or subject to a final
order for a violation of chapter 84D involving water-related equipment must successfully
complete a training course as provided in section 86B.13.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 12.

Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Training for offenders. new text end

new text begin A person who is convicted of or subject to
a final order for a violation of chapter 84D involving water-related equipment must
successfully complete the training course in subdivision 1 before continuing operation or
use of water-related equipment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 84D.01, subdivision 22, new text end new text begin is repealed.
new text end