1st Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; modifying provisions 1.3 for the control of invasive and nonnative species; 1.4 providing criminal and civil penalties; requiring 1.5 rulemaking; amending Minnesota Statutes 2002, sections 1.6 17.4982, subdivision 18a; 84D.01, subdivisions 6, 9, 1.7 12, 13, 15, 17, 18, by adding subdivisions; 84D.02, 1.8 subdivisions 1, 3, 4, 5, 6; 84D.03; 84D.04; 84D.05; 1.9 84D.06; 84D.07; 84D.08; 84D.09, subdivision 2; 84D.10, 1.10 subdivisions 1, 3; 84D.11, subdivisions 1, 2, 2a; 1.11 84D.12; 84D.13, subdivisions 3, 4, 5; 86B.415, 1.12 subdivision 7; 97C.821; Minnesota Statutes 2003 1.13 Supplement, sections 18.78, subdivision 2; 84.027, 1.14 subdivision 13; 84D.14; repealing Minnesota Statutes 1.15 2002, section 84D.01, subdivisions 5, 7; Minnesota 1.16 Rules, part 6216.0400, subpart 3. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. Minnesota Statutes 2002, section 17.4982, 1.19 subdivision 18a, is amended to read: 1.20 Subd. 18a. [NONINDIGENOUS SPECIES.] "Nonindigenous 1.21 species" means a species of fish or other aquatic life that is: 1.22 (1) not known to have been historically present in the 1.23 state; 1.24 (2) not known to be naturally occurring in a particular 1.25 part of the state; or 1.26 (3) designated by rule as a prohibited or
restricted exotic1.27 regulated invasive species. 1.28 Sec. 2. Minnesota Statutes 2003 Supplement, section 18.78, 1.29 subdivision 2, is amended to read: 1.30 Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 1.31 nonfederal lands underlying public waters or wetlands designated 2.1 under section 103G.201 is not required to control or eradicate 2.2 purple loosestrife below the ordinary high water level of the 2.3 public water or wetland. The commissioner of natural resources 2.4 is responsible for control and eradication of purple loosestrife 2.5 on public waters and wetlands designated under section 103G.201, 2.6 except those located upon lands owned in fee title or managed by 2.7 the United States. The officers, employees, agents, and 2.8 contractors of the commissioner of natural resources may enter 2.9 upon public waters and wetlands designated under section 2.10 103G.201 and, after providing notification to the occupant or 2.11 owner of the land, may cross adjacent lands as necessary for the 2.12 purpose of investigating purple loosestrife infestations, 2.13 formulating methods of eradication, and implementing control and 2.14 eradication of purple loosestrife. The commissioner of natural 2.15 resources shall, by June 1 of each year, compile a priority list 2.16 of purple loosestrife infestations to be controlled with 2.17 herbicides in designated public waters. The commissioner of 2.18 natural resources must distribute the list to county 2.19 agricultural inspectors, local weed inspectors, and their 2.20 appointed agents. The commissioner of natural resources shall 2.21 control listed purple loosestrife infestations in priority order 2.22 within the limits of appropriations providedfunding allocated 2.23 for that purpose. This procedure shall be the exclusive means2.24 for control of purple loosestrife on designated public waters by2.25 the commissioner of natural resources and shallsupersede the 2.26 other provisions for control of noxious weeds set forth 2.27 elsewhere in this chapter. The responsibility of the 2.28 commissioner of natural resources to control and eradicate 2.29 purple loosestrife on public waters and wetlands located on 2.30 private lands and the authority to enter upon private lands ends 2.31 ten days after receipt by the commissioner of a written 2.32 statement from the landowner that the landowner assumes all 2.33 responsibility for control and eradication of purple loosestrife 2.34 under sections 18.78 to 18.88. State officers, employees, 2.35 agents, and contractors of the commissioner of natural resources 2.36 are not liable in a civil action for trespass committed in the 3.1 discharge of their duties under this section and are not liable 3.2 to anyone for damages, except for damages arising from gross 3.3 negligence. 3.4 Sec. 3. Minnesota Statutes 2003 Supplement, section 3.5 84.027, subdivision 13, is amended to read: 3.6 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 3.7 natural resources may adopt rules under sections 97A.0451 to 3.8 97A.0459 and this subdivision that are authorized under: 3.9 (1) chapters 97A, 97B, and 97C to set open seasons and 3.10 areas, to close seasons and areas, to select hunters for areas, 3.11 to provide for tagging and registration of game, to prohibit or 3.12 allow taking of wild animals to protect a species, to prevent or 3.13 control wildlife disease, and to prohibit or allow importation, 3.14 transportation, or possession of a wild animal; 3.15 (2) sections 84.093, 84.15, and 84.152 to set seasons for 3.16 harvesting wild ginseng roots and wild rice and to restrict or 3.17 prohibit harvesting in designated areas; and 3.18 (3) section 84D.12 to designate prohibited exoticinvasive 3.19 species, regulated exoticinvasive species, unregulated exotic3.20 nonnative species, and infested waters. 3.21 (b) If conditions exist that do not allow the commissioner 3.22 to comply with sections 97A.0451 to 97A.0459, the commissioner 3.23 may adopt a rule under this subdivision by submitting the rule 3.24 to the attorney general for review under section 97A.0455, 3.25 publishing a notice in the State Register and filing the rule 3.26 with the secretary of state and the Legislative Coordinating 3.27 Commission, and complying with section 97A.0459, and including a 3.28 statement of the emergency conditions and a copy of the rule in 3.29 the notice. The notice may be published after it is received 3.30 from the attorney general or five business days after it is 3.31 submitted to the attorney general, whichever is earlier. 3.32 (c) Rules adopted under paragraph (b) are effective upon 3.33 publishing in the State Register and may be effective up to 3.34 seven days before publishing and filing under paragraph (b), if: 3.35 (1) the commissioner of natural resources determines that 3.36 an emergency exists; 4.1 (2) the attorney general approves the rule; and 4.2 (3) for a rule that affects more than three counties the 4.3 commissioner publishes the rule once in a legal newspaper 4.4 published in Minneapolis, St. Paul, and Duluth, or for a rule 4.5 that affects three or fewer counties the commissioner publishes 4.6 the rule once in a legal newspaper in each of the affected 4.7 counties. 4.8 (d) Except as provided in paragraph (e), a rule published 4.9 under paragraph (c), clause (3), may not be effective earlier 4.10 than seven days after publication. 4.11 (e) A rule published under paragraph (c), clause (3), may 4.12 be effective the day the rule is published if the commissioner 4.13 gives notice and holds a public hearing on the rule within 15 4.14 days before publication. 4.15 (f) The commissioner shall attempt to notify persons or 4.16 groups of persons affected by rules adopted under paragraphs (b) 4.17 and (c) by public announcements, posting, and other appropriate 4.18 means as determined by the commissioner. 4.19 (g) Notwithstanding section 97A.0458, a rule adopted under 4.20 this subdivision is effective for the period stated in the 4.21 notice but not longer than 18 months after the rule is adopted. 4.22 Sec. 4. Minnesota Statutes 2002, section 84D.01, is 4.23 amended by adding a subdivision to read: 4.24 Subd. 2a. [AQUATIC PLANT.] "Aquatic plant" means a plant, 4.25 including algae and submerged, floating leafed, floating, or 4.26 emergent plants, that naturally grows in water, saturated soils, 4.27 or seasonally saturated soils. 4.28 Sec. 5. Minnesota Statutes 2002, section 84D.01, 4.29 subdivision 6, is amended to read: 4.30 Subd. 6. [EURASIAN WATER MILFOIL.] "Eurasian water 4.31 milfoil" means Myriophyllum spicatum and its hybrids. 4.32 Sec. 6. Minnesota Statutes 2002, section 84D.01, is 4.33 amended by adding a subdivision to read: 4.34 Subd. 8a. [INTRODUCE.] "Introduce" means to place, 4.35 release, or allow the escape of a nonnative species into a 4.36 free-living state. 5.1 Sec. 7. Minnesota Statutes 2002, section 84D.01, 5.2 subdivision 9, is amended to read: 5.3 Subd. 9. [INTRODUCTION.] "Introduction" means the 5.4 placement, release, or escape of an exotica nonnative species 5.5 into a free-living state. 5.6 Sec. 8. Minnesota Statutes 2002, section 84D.01, is 5.7 amended by adding a subdivision to read: 5.8 Subd. 9a. [INVASIVE SPECIES.] "Invasive species" means a 5.9 nonnative species that can naturalize and: 5.10 (1) causes or may cause economic or environmental harm or 5.11 harm to human health; or 5.12 (2) threatens or may threaten natural resources or the use 5.13 of natural resources in the state. 5.14 Sec. 9. Minnesota Statutes 2002, section 84D.01, 5.15 subdivision 12, is amended to read: 5.16 Subd. 12. [NATURALIZE.] "Naturalize" means to establish a 5.17 self-sustaining population of exoticnonnative species in the 5.18 wild outside of its natural range. 5.19 Sec. 10. Minnesota Statutes 2002, section 84D.01, is 5.20 amended by adding a subdivision to read: 5.21 Subd. 12a. [NONNATIVE SPECIES.] "Nonnative species" means 5.22 a species that is not a native species. 5.23 Sec. 11. Minnesota Statutes 2002, section 84D.01, 5.24 subdivision 13, is amended to read: 5.25 Subd. 13. [PROHIBITED EXOTICINVASIVE SPECIES.] 5.26 "Prohibited exoticinvasive species" means a harmful exotican 5.27 invasive species that has been designated as a prohibited exotic5.28 invasive species in a rule adopted by the commissioner under 5.29 section 84D.12. 5.30 Sec. 12. Minnesota Statutes 2002, section 84D.01, 5.31 subdivision 15, is amended to read: 5.32 Subd. 15. [REGULATED EXOTICINVASIVE SPECIES.] "Regulated 5.33 exoticinvasive species" means a harmful exotican invasive 5.34 species that has been designated as a regulated exoticinvasive 5.35 species in a rule adopted by the commissioner under section 5.36 84D.12. 6.1 Sec. 13. Minnesota Statutes 2002, section 84D.01, 6.2 subdivision 17, is amended to read: 6.3 Subd. 17. [UNLISTED EXOTICNONNATIVE SPECIES.] "Unlisted 6.4 exoticnonnative species" means an exotica nonnative species 6.5 that has not been designated as a prohibited exoticinvasive 6.6 species, a regulated exoticinvasive species, or an 6.7 unregulated exoticnonnative species in a rule adopted by the 6.8 commissioner under section 84D.12. 6.9 Sec. 14. Minnesota Statutes 2002, section 84D.01, 6.10 subdivision 18, is amended to read: 6.11 Subd. 18. [UNREGULATED EXOTICNONNATIVE SPECIES.] 6.12 "Unregulated exoticnonnative species" means an exotica 6.13 nonnative species that has been designated as an 6.14 unregulated exoticnonnative species in a rule adopted by the 6.15 commissioner under section 84D.12. 6.16 Sec. 15. Minnesota Statutes 2002, section 84D.02, 6.17 subdivision 1, is amended to read: 6.18 Subdivision 1. [ESTABLISHMENT.] The commissioner shall 6.19 establish a statewide program to prevent and curb the spread of 6.20 harmful exoticinvasive species of aquatic plants and wild 6.21 animals. The program must provide for coordination among 6.22 governmental entities and private organizations to the extent 6.23 practicable. The commissioner shall seek available federal 6.24 funding and grants for the program. 6.25 Sec. 16. Minnesota Statutes 2002, section 84D.02, 6.26 subdivision 3, is amended to read: 6.27 Subd. 3. [MANAGEMENT PLAN.] By July 1, 1997,The 6.28 commissioner shall prepare and maintain a long-term plan, which 6.29 may include specific plans for individual species and actions, 6.30 for the statewide management of harmful exoticinvasive species 6.31 of aquatic plants and wild animals. The plan must address: 6.32 (1) coordinated detection and prevention of accidental 6.33 introductions; 6.34 (2) coordinated dissemination of information about harmful6.35 exoticinvasive species of aquatic plants and wild animals among 6.36 resource management agencies and organizations; 7.1 (3) a coordinated public education and awareness campaign; 7.2 (4) coordinated control of selected harmful exoticinvasive 7.3 species of aquatic plants and wild animals on lands and public 7.4 waters; 7.5 (5) participation by lake associations, local citizen 7.6 groups, and local units of government in the development and 7.7 implementation of local management efforts; 7.8 (6) a reasonable and workable inspection requirement for 7.9 watercraft and equipment including those participating in 7.10 organized events on the waters of the state; 7.11 (7) the closing of points of access to infested waters, if 7.12 the commissioner determines it is necessary, for a total of not 7.13 more than seven days during the open water season for control or 7.14 eradication purposes; 7.15 (8) maintaining public accesses on infested waters to be 7.16 reasonably free of aquatic macrophytes; and 7.17 (9) notice to travelers of the penalties for violation of 7.18 laws relating to harmful exoticinvasive species of aquatic 7.19 plants and wild animals. 7.20 Sec. 17. Minnesota Statutes 2002, section 84D.02, 7.21 subdivision 4, is amended to read: 7.22 Subd. 4. [INSPECTION OF WATERCRAFT.] The commissioner 7.23 shall train and authorize personnel to inspect, for a minimum of 7.24 20,00010,000 hours during the open water season, watercraft and 7.25 associated equipment, including weed harvesters, thatfor 7.26 aquatic macrophytes and aquatic invasive species as the 7.27 watercraft and equipment leave or are removed from waters of the 7.28 state during the open water season. 7.29 Sec. 18. Minnesota Statutes 2002, section 84D.02, 7.30 subdivision 5, is amended to read: 7.31 Subd. 5. [REGIONAL COOPERATION.] The commissioner shall 7.32 seek cooperation with other states and Canadian provinces for 7.33 the purposes of management and control of harmful exotic7.34 invasive species of aquatic plants and wild animals. 7.35 Sec. 19. Minnesota Statutes 2002, section 84D.02, 7.36 subdivision 6, is amended to read: 8.1 Subd. 6. [ANNUAL REPORT.] By January 15 each year, the 8.2 commissioner shall submit a report on harmful exoticinvasive 8.3 species of aquatic plants and wild animals to the legislative 8.4 committees having jurisdiction over environmental and natural 8.5 resource issues. The report must include: 8.6 (1) detailed information on expenditures for 8.7 administration, education, management, inspections, and 8.8 research; 8.9 (2) an analysis of the effectiveness of management 8.10 activities conducted in the state, including chemical control, 8.11 harvesting, educational efforts, and inspections; 8.12 (3) information on the participation of other state 8.13 agencies, local government units, and interest groups in control 8.14 efforts; 8.15 (4) information on management efforts in other states;8.16 (5)information on the progress made in the management of 8.17 each species; and 8.18 (6)(5) an assessment of future management needs. 8.19 Sec. 20. Minnesota Statutes 2002, section 84D.03, is 8.20 amended to read: 8.21 84D.03 [INFESTED WATERS; RESTRICTED ACTIVITIES.] 8.22 Subdivision 1. [INFESTED WATERS; RESTRICTED ACTIVITIES.] 8.23 (a) The commissioner shall designate a water of the state as an 8.24 infested water if the commissioner determines that the water 8.25 contains a harmful exoticpopulation of an aquatic invasive 8.26 species that could spread to other waters if use of the water 8.27 and related activities are not regulated to prevent this. 8.28 (b) When determining which harmful exoticinvasive species 8.29 comprise infested waters, the commissioner shall consider: 8.30 (1) the extent of a species distribution within the state; 8.31 (2) the likely means of spread for a species; and 8.32 (3) whether regulations specific to infested waters 8.33 containing a specific species will effectively reduce that 8.34 species' spread. 8.35 (c) The presence of common carp and curly-leaf pondweed 8.36 shall not be the basis for designating a water as infested. 9.1 Subd. 3. [BAIT HARVEST FROM INFESTED WATERS.] (a) The 9.2 taking of wild animals from infested waters for bait or aquatic 9.3 farm purposes is prohibited, except as provided in paragraph (b). 9.4 (b) In waters that are designated as infested waters, 9.5 except those designated because they contain prohibited exotic9.6 invasive species of fish, the taking of wild animals may be 9.7 permitted for: 9.8 (1) commercial taking of wild animals for bait and aquatic 9.9 farm purposes according to a permit issued under section 84D.11, 9.10 subject to rules adopted by the commissioner; and 9.11 (2) bait purposes for noncommercial personal use in waters 9.12 that contain Eurasian water milfoil, when the infested waters 9.13 are designated solely because they contain Eurasian water 9.14 milfoil and if the equipment for taking is limited to 9.15 cylindrical minnow traps not exceeding 16 inches in diameter and 9.16 32 inches in length. 9.17 Subd. 4. [COMMERCIAL FISHING RESTRICTIONS IN INFESTED AND 9.18 NONINFESTED WATERS.] (a) All nets, traps, buoys, anchors, 9.19 stakes, and lines used for commercial fishing or turtle, frog, 9.20 or crayfish harvesting in infested waters, designated because 9.21 the waters contain invasive fish or invertebrates, may not be 9.22 used in noninfested waters. If a commercial licensee operates 9.23 in both noninfested waters and infested waters designated 9.24 because the waters contain invasive fish or invertebrates, all 9.25 nets, traps, buoys, anchors, stakes, and lines used for 9.26 commercial fishing or turtle, frog, or crayfish harvesting in 9.27 noninfested waters must be tagged with tags provided by the 9.28 commissioner, as specified in the commercial licensee's license 9.29 or permit, and may not be used in infested waters designated 9.30 because the waters contain invasive fish or invertebrates. 9.31 (b) In infested waters designated solely because the waters 9.32 contain Eurasian water milfoil, all nets, traps, buoys, anchors, 9.33 stakes, and lines used for commercial fishing or turtle, frog, 9.34 or crayfish harvesting must be dried for a minimum of ten days 9.35 or frozen for a minimum of two days before they are used in 9.36 noninfested waters. Commercial operators must notify the 10.1 department's regional or area fisheries office or a conservation 10.2 officer when removing nets or equipment from infested waters and 10.3 before resetting those nets or equipment in noninfested waters. 10.4 All aquatic macrophytes must be removed from nets and other 10.5 equipment when the nets and equipment are removed from infested 10.6 waters. 10.7 Sec. 21. Minnesota Statutes 2002, section 84D.04, is 10.8 amended to read: 10.9 84D.04 [CLASSIFICATION OF EXOTICNONNATIVE SPECIES.] 10.10 Subdivision 1. [CLASSES.] The commissioner shall, as 10.11 provided in this chapter, classify exoticnonnative species of 10.12 aquatic plants and wild animals according to the following 10.13 categories: 10.14 (1) prohibited exoticinvasive species, which may not be 10.15 possessed, imported, purchased, sold, propagated, transported, 10.16 or introduced except as provided in section 84D.05; 10.17 (2) regulated exoticinvasive species, which may not be 10.18 introduced except as provided in section 84D.07; 10.19 (3) unlisted exoticnonnative species, which are subject to 10.20 the classification procedure in section 84D.06; and 10.21 (4) unregulated exoticnonnative species, which are not 10.22 subject to regulation under this chapter. 10.23 Subd. 2. [CRITERIA.] The commissioner shall consider the 10.24 following criteria in classifying an exotica nonnative species 10.25 of aquatic plants or wild animals under this chapter: 10.26 (1) the likelihood of introduction of the species if it is 10.27 allowed to enter or exist in the state; 10.28 (2) the likelihood that the species would naturalize in the 10.29 state were it introduced; 10.30 (3) the magnitude of potential adverse impacts of the 10.31 species on native species and on outdoor recreation, commercial 10.32 fishing, and other uses of natural resources in the state; 10.33 (4) the ability to eradicate or control the spread of the 10.34 species once it is introduced in the state; and 10.35 (5) other criteria the commissioner deems appropriate. 10.36 Sec. 22. Minnesota Statutes 2002, section 84D.05, is 11.1 amended to read: 11.2 84D.05 [PROHIBITED EXOTICINVASIVE SPECIES.] 11.3 Subdivision 1. [PROHIBITED ACTIVITIES.] A person may not 11.4 possess, import, purchase, sell, propagate, transport, or 11.5 introduce a prohibited exoticinvasive species, except: 11.6 (1) under a permit issued by the commissioner under section 11.7 84D.11; 11.8 (2) in the case of purple loosestrife, as provided by 11.9 sections 18.75 to 18.88; 11.10 (3) under a restricted species permit issued under section 11.11 17.457; 11.12 (4) when being transported to the department, or another 11.13 destination as the commissioner may direct, in a sealed 11.14 container for purposes of identifying the species or reporting 11.15 the presence of the species; 11.16 (5) when being transported for disposal as part of a 11.17 harvest or control activity under a permit issued by the 11.18 commissioner pursuantaccording to section 103G.615, when being 11.19 transported for disposal as specified under a commercial fishing 11.20 license issued by the commissioner according to section 97A.418, 11.21 97C.801, 97C.811, 97C.825, 97C.831, or 97C.835, or when being 11.22 transported as specified by the commissioner; 11.23 (6) when the specimen has been lawfully acquired dead and, 11.24 in the case of plant species, all seeds are removed or are 11.25 otherwise secured in a sealed container; 11.26 (7) in the form of herbaria or other preserved specimens; 11.27 (8) when being removed from watercraft and equipment, or 11.28 caught while angling, and immediately returned to the water from 11.29 which they came; or 11.30 (9) as the commissioner may otherwise prescribe by rule. 11.31 Subd. 2. [SEIZURE.] Under section 97A.221, the 11.32 commissioner may seize or dispose of all specimens of prohibited 11.33 exoticinvasive species unlawfully possessed, imported, 11.34 purchased, sold, propagated, transported, or introduced in the 11.35 state. 11.36 Sec. 23. Minnesota Statutes 2002, section 84D.06, is 12.1 amended to read: 12.2 84D.06 [UNLISTED EXOTICNONNATIVE SPECIES.] 12.3 Subdivision 1. [PROCESS.] After the effective date of the12.4 rules adopted under section 84D.12, subdivision 1, clause (1),A 12.5 person may not introduce an unlisted exoticnonnative aquatic 12.6 plant or wild animal species unless: 12.7 (1) the person has notified the commissioner in a manner 12.8 and form prescribed by the commissioner; 12.9 (2) the commissioner has made the classification 12.10 determination required in subdivision 2 and designated the 12.11 species as appropriate; and 12.12 (3) the introduction is allowed under the applicable 12.13 provisions of this chapter. 12.14 Subd. 2. [CLASSIFICATION.] (a) If the commissioner 12.15 determines that a species for which a notification is received 12.16 under subdivision 1 should be classified as a prohibited exotic12.17 invasive species, the commissioner shall: 12.18 (1) adopt a rule under section 84D.12, subdivision 3, 12.19 designating the species as a prohibited exoticinvasive species; 12.20 and 12.21 (2) notify the person from which the notification was 12.22 received that the species is subject to section 84D.04. 12.23 (b) If the commissioner determines that a species for which 12.24 a notification is received under subdivision 1 should be 12.25 classified as an unregulated exoticnonnative species, the 12.26 commissioner shall: 12.27 (1) adopt a rule under section 84D.12, subdivision 3, 12.28 designating the species as an unregulated nonnative species; and 12.29 (2) notify the person from which the notification was 12.30 received that the species is not subject to regulation under 12.31 this chapter. 12.32 (c) If the commissioner determines that a species for which 12.33 a notification is received under subdivision 1 should be 12.34 classified as a regulated exoticinvasive species, the 12.35 commissioner shall notify the applicant that the species is 12.36 subject to the requirements in section 84D.07. 13.1 Sec. 24. Minnesota Statutes 2002, section 84D.07, is 13.2 amended to read: 13.3 84D.07 [REGULATED EXOTICINVASIVE SPECIES.] 13.4 Except as provided in rules adopted under section 84D.12, 13.5 subdivision 2, clause (1), a person may not introduce a 13.6 regulated exoticinvasive species without a permit issued by the 13.7 commissioner. 13.8 Sec. 25. Minnesota Statutes 2002, section 84D.08, is 13.9 amended to read: 13.10 84D.08 [ESCAPE OF EXOTICNONNATIVE AND INVASIVE SPECIES.] 13.11 (a) A person that allows or causes the introduction of an 13.12 animal that is a prohibited invasive, regulated invasive, or 13.13 unlisted exoticnonnative species shall, within 4824 hours 13.14 after learning of the introduction, notify the commissioner, a 13.15 conservation officer, or another person designated by the 13.16 commissioner. The person shall make every reasonable attempt to 13.17 recapture or destroy the introduced animal. If the animal is a 13.18 prohibited exoticinvasive species, the person is liable for the 13.19 actual costs incurred by the department in capturing or 13.20 controlling, or attempting to capture or control, the animal and 13.21 its progeny. If the animal is a regulated exoticinvasive 13.22 species, the person is liable for these costs if the 13.23 introduction was in violation of the person's permit issued 13.24 under section 84D.11. 13.25 (b) A person that complies with this section is not subject 13.26 to criminal penalties under section 84D.13 for the introduction. 13.27 Sec. 26. Minnesota Statutes 2002, section 84D.09, 13.28 subdivision 2, is amended to read: 13.29 Subd. 2. [EXCEPTIONS.] Unless otherwise prohibited by law, 13.30 a person may transport aquatic macrophytes: 13.31 (1) that are duckweeds in the family Lemnaceae; 13.32 (2) for disposal as part of a harvest or control activity 13.33 conducted under an aquatic plant management permit pursuant to 13.34 section 103G.615, under permit pursuant to section 84D.11, or as 13.35 specified by the commissioner; 13.36 (3) for purposes of constructing shooting or observation 14.1 blinds in amounts sufficient for that purpose, provided that the 14.2 aquatic macrophytes are emergent and cut above the waterline; 14.3 (4) when legally purchased or traded by or from commercial 14.4 or hobbyist sources for aquarium, wetland or lakeshore 14.5 restoration, or ornamental purposes; 14.6 (5) when harvested for personal or commercial use if in a 14.7 motor vehicle; 14.8 (6) to the department, or another destination as the 14.9 commissioner may direct, in a sealed container for purposes of 14.10 identifying a species or reporting the presence of a species; 14.11 (7) when transporting acommercial aquatic plant harvester14.12 harvesting equipment to a suitable location for purposes of 14.13 cleaning any remaining aquatic macrophytes; 14.14 (8) that are wild rice harvested under section 84.091; or 14.15 (9) in the form of fragments of emergent aquatic 14.16 macrophytes incidentally transported in or on watercraft or 14.17 decoys used for waterfowl hunting during the waterfowl season. 14.18 Sec. 27. Minnesota Statutes 2002, section 84D.10, 14.19 subdivision 1, is amended to read: 14.20 Subdivision 1. [LAUNCHING PROHIBITED.] A person may not 14.21 place or attempt to place into waters of the state a watercraft, 14.22 a trailer, or plant harvesting equipment that has aquatic 14.23 macrophytes, zebra mussels, or prohibited exoticinvasive 14.24 species attached except as provided in this section. 14.25 Sec. 28. Minnesota Statutes 2002, section 84D.10, 14.26 subdivision 3, is amended to read: 14.27 Subd. 3. [REMOVAL AND CONFINEMENT.] A conservation officer 14.28 or other licensed peace officer may order: 14.29 (1) the removal of aquatic macrophytes or prohibited exotic14.30 invasive species from a trailer or watercraft before it is 14.31 placed into waters of the state; 14.32 (2) confinement of the watercraft at a mooring, dock, or 14.33 other location until the watercraft is removed from the water; 14.34 and 14.35 (3) removal of a watercraft from waters of the state to 14.36 remove prohibited exoticinvasive species if the water has not 15.1 been designated by the commissioner as being infested with that 15.2 species. 15.3 Sec. 29. Minnesota Statutes 2002, section 84D.11, 15.4 subdivision 1, is amended to read: 15.5 Subdivision 1. [PROHIBITED EXOTICINVASIVE SPECIES.] The 15.6 commissioner may issue a permit for the propagation, possession, 15.7 importation, purchase, or transport of a prohibited exotic15.8 invasive species for the purposes of disposal, control, 15.9 research, or education. 15.10 Sec. 30. Minnesota Statutes 2002, section 84D.11, 15.11 subdivision 2, is amended to read: 15.12 Subd. 2. [REGULATED EXOTICINVASIVE SPECIES.] The 15.13 commissioner may issue a permit for the introduction of a 15.14 regulated exoticinvasive species. 15.15 Sec. 31. Minnesota Statutes 2002, section 84D.11, 15.16 subdivision 2a, is amended to read: 15.17 Subd. 2a. [HARVEST OF BAIT FROM INFESTED WATERS.] The 15.18 commissioner may issue a permit to allow the harvest of bait 15.19 from waters that are designated as infested waters, except those 15.20 designated because they contain prohibited exoticinvasive 15.21 species of fish. The permit shall include conditions necessary 15.22 to avoid spreading harmful exoticaquatic invasive species. 15.23 Before receiving a permit, a person annually must satisfactorily 15.24 complete harmful exoticaquatic invasive species-related 15.25 training provided by the commissioner. 15.26 Sec. 32. Minnesota Statutes 2002, section 84D.12, is 15.27 amended to read: 15.28 84D.12 [RULES.] 15.29 Subdivision 1. [REQUIRED RULES.] The commissioner shall 15.30 adopt rules: 15.31 (1) designating infested waters, prohibited invasive 15.32 species, regulated invasive species, and unregulated exotic15.33 nonnative species of aquatic plants and wild animals; 15.34 (2) governing the application for and issuance of permits 15.35 under this chapter, which rules may include a fee schedule; and 15.36 (3) governing notification under section 84D.08. 16.1 Subd. 2. [AUTHORIZED RULES.] The commissioner may adopt 16.2 rules: 16.3 (1) regulating the possession, importation, purchase, sale, 16.4 propagation, transport, and introduction of harmful exotic16.5 invasive species of aquatic plants and wild animals; and 16.6 (2) regulating the appropriation, use, and transportation 16.7 of water from infested waters. 16.8 Subd. 3. [EXPEDITED RULES.] The commissioner may adopt 16.9 rules under section 84.027, subdivision 13, that designate: 16.10 (1) prohibited exoticinvasive species of aquatic plants 16.11 and wild animals; 16.12 (2) regulated exoticinvasive species of aquatic plants and 16.13 wild animals; 16.14 (3) unregulated exoticnonnative species of aquatic plants 16.15 and wild animals; and 16.16 (4) infested waters. 16.17 Sec. 33. Minnesota Statutes 2002, section 84D.13, 16.18 subdivision 3, is amended to read: 16.19 Subd. 3. [CRIMINAL PENALTIES.] (a) A person who violates a 16.20 provision of section 84D.05,84D.06, 84D.07, 84D.08, or 84D.10, 16.21 or a rule adopted under section 84D.12, is guilty of a 16.22 misdemeanor. 16.23 (b) A person who possesses, transports, or introduces a 16.24 prohibited invasive species in violation of section 84D.05 is 16.25 guilty of a misdemeanor. A person who imports, purchases, 16.26 sells, or propagates a prohibited invasive species in violation 16.27 of section 84D.05 is guilty of a gross misdemeanor. 16.28 (c) A person who refuses to obey an order of a peace 16.29 officer or conservation officer to remove prohibited exotic16.30 invasive species or aquatic macrophytes from any watercraft, 16.31 trailer, or plant harvesting equipment is guilty of a gross 16.32 misdemeanor. 16.33 Sec. 34. Minnesota Statutes 2002, section 84D.13, 16.34 subdivision 4, is amended to read: 16.35 Subd. 4. [WARNINGS; CIVIL CITATIONS.] After appropriate 16.36 training, conservation officers, other licensed peace officers, 17.1 and other department personnel designated by the commissioner 17.2 may issue warnings or citations to a person who: 17.3 (1) unlawfully transports prohibited exoticinvasive 17.4 species or aquatic macrophytes; 17.5 (2) unlawfully places or attempts to place into waters of 17.6 the state a trailer, a watercraft, or plant harvesting equipment 17.7 that has prohibited exoticinvasive species attached; 17.8 (3) unlawfully angles, anchors, or operates a watercraft in17.9 a marked area of a Eurasian water milfoil limited infestation;17.10 or17.11 (4)intentionally damages, moves, removes, or sinks a buoy 17.12 marking, as prescribed by rule, Eurasian water milfoil; 17.13 (4) fails to drain water, as required by rule, from 17.14 watercraft and equipment before leaving designated zebra mussel, 17.15 spiny water flea, or other invasive plankton infested waters; or 17.16 (5) transports infested water, in violation of rule, off 17.17 riparian property. 17.18 Sec. 35. Minnesota Statutes 2002, section 84D.13, 17.19 subdivision 5, is amended to read: 17.20 Subd. 5. [CIVIL PENALTIES.] A civil citation issued under 17.21 this section may impose civil penalties up to the following 17.22 penalty amounts: 17.23 (1) for transporting aquatic macrophytes on a forest road 17.24 as defined by section 89.001, subdivision 14, road or highway as 17.25 defined by section 160.02, subdivision 26, or any other public 17.26 road, $50; 17.27 (2) for placing or attempting to place into waters of the 17.28 state a watercraft, a trailer, or aquatic plant harvesting 17.29 equipment that has aquatic macrophytes attached, $100; 17.30 (3) for unlawfully possessing or transporting a prohibited 17.31 exoticinvasive species other than an aquatic 17.32 macrophyte, $100$250; 17.33 (4) for placing or attempting to place into waters of the 17.34 state a watercraft, a trailer, or aquatic plant harvesting 17.35 equipment that has prohibited exoticinvasive species attached 17.36 when the waters are not designated by the commissioner as being 18.1 infested with that invasive species, $500 for the first offense 18.2 and $1,000 for each subsequent offense; 18.3 (5) for angling, anchoring, or operating a watercraft in a18.4 marked area of a Eurasian water milfoil limited infestation,18.5 other than as provided by law, $100; and18.6 (6)for intentionally damaging, moving, removing, or 18.7 sinking a buoy marking, as prescribed by rule, Eurasian water 18.8 milfoil, $100; 18.9 (6) for failing to drain water, as required by rule, from 18.10 watercraft and equipment before leaving designated zebra mussel, 18.11 spiny water flea, or other invasive plankton infested waters, 18.12 $50; and 18.13 (7) for transporting infested water off riparian property 18.14 without a permit as required by rule, $200. 18.15 Sec. 36. Minnesota Statutes 2003 Supplement, section 18.16 84D.14, is amended to read: 18.17 84D.14 [EXEMPTIONS.] 18.18 This chapter does not apply to: 18.19 (1) pathogens and terrestrial arthropods regulated under 18.20 sections 18G.01 to 18G.16; or 18.21 (2) mammals and birds defined by statute as livestock. 18.22 Sec. 37. Minnesota Statutes 2002, section 86B.415, 18.23 subdivision 7, is amended to read: 18.24 Subd. 7. [WATERCRAFT SURCHARGE.] A $5 surcharge is placed 18.25 on each watercraft licensed under subdivisions 1 to 5 for 18.26 control, public awareness, law enforcement, monitoring, and 18.27 research of nuisanceaquatic exoticinvasive species such as 18.28 zebra mussel, purple loosestrife, and Eurasian water milfoil in 18.29 public waters and public wetlands. 18.30 Sec. 38. Minnesota Statutes 2002, section 97C.821, is 18.31 amended to read: 18.32 97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL 18.33 FISH.] 18.34 Subject to the applicable provisions of the game and fish 18.35 laws, fish taken under commercial fishing licenses may be 18.36 possessed in any quantity, bought, sold, and transported at any 19.1 time. Commercial fishing licensees may transport their catch 19.2 live to holding facilities, if the licensee has exclusive 19.3 control of the facilities. Commercial fishing licensees may 19.4 harvest fish from their holding facilities at any time with 19.5 their licensed gear. The commissioner may prohibit the 19.6 transport of live fish taken under a commercial fishing license 19.7 from waters that contain exoticnonnative species. 19.8 Sec. 39. [REQUIRED RULEMAKING.] 19.9 The commissioner of natural resources shall amend Minnesota 19.10 Rules, part 6216.0400, subpart 1, to delete item B. The 19.11 commissioner may use the procedures under Minnesota Statutes, 19.12 section 14.388. Except as provided under Minnesota Statutes, 19.13 section 14.388, Minnesota Statutes, section 14.386, does not 19.14 apply. 19.15 Sec. 40. [REVISOR'S INSTRUCTION.] 19.16 In Minnesota Rules, parts 6216.0100 to 6216.0600, the 19.17 revisor of statutes shall change the term in column A to the 19.18 term in column B: 19.19 Column A Column B 19.20 harmful exotic species invasive species 19.21 exotic species nonnative species 19.22 prohibited exotic species prohibited invasive species 19.23 regulated exotic species regulated invasive species 19.24 unlisted exotic species unlisted nonnative species 19.25 unregulated exotic species unregulated nonnative species 19.26 exotic species program invasive species program 19.27 prohibited, regulated, or prohibited invasive species, 19.28 unlisted exotic species regulated invasive species, 19.29 or unlisted nonnative species 19.30 Sec. 41. [REPEALER.] 19.31 Minnesota Statutes 2002, section 84D.01, subdivisions 5 and 19.32 7, are repealed. Minnesota Rules, part 6216.0400, subpart 3, is 19.33 repealed. 19.34 Sec. 42. [EFFECTIVE DATE.] 19.35 Sections 1 to 41 are effective June 1, 2004.