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HF 2866

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/08/2016 12:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; providing for control of invasive species; modifying
wild rice license requirements; providing for streamlined review of certain
plans and regulations; modifying and providing civil penalties; modifying
Wildfire Act; prohibiting certain logging in Sand Dunes State Forest; requiring
reports; amending Minnesota Statutes 2014, sections 17.4982, subdivision 18a;
84.027, subdivision 13; 84.091, subdivision 2; 84D.01, subdivision 2; 84D.05,
subdivision 1; 84D.09, subdivision 2; 84D.10, subdivision 4; 84D.108, by adding
a subdivision; 84D.13, subdivision 4; 88.01, by adding a subdivision; 88.22,
subdivision 1; 116G.15, by adding a subdivision; Minnesota Statutes 2015
Supplement, sections 84.027, subdivision 13a; 84D.11, subdivision 1; 84D.13,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 84D.

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

Section 1.

Minnesota Statutes 2014, section 17.4982, subdivision 18a, is amended to
read:


Subd. 18a.

Nonindigenous species.

"Nonindigenous species" means a species of
fish or other aquatic life that is:

(1) not known to have been historically present in the state;

(2) not known to be naturally occurring in a particular part of the state; or

(3) deleted text beginlisteddeleted text endnew text begin designatednew text end by rule as a prohibited or regulated invasive species.

Sec. 2.

Minnesota Statutes 2014, section 84.027, subdivision 13, is amended to read:


Subd. 13.

Game and fish rules.

(a) The commissioner of natural resources may
adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized
under:

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
disease, to open or close bodies of water or portions of bodies of water for night bow
fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng
roots and wild rice and to restrict or prohibit harvesting in designated areas; and

(3) section 84D.12 to deleted text beginlistdeleted text endnew text begin designatenew text end prohibited invasive species, regulated invasive
species, new text beginand new text endunregulated nonnative speciesdeleted text begin,deleted text end and new text beginto list new text endinfested waters.

(b) If conditions exist that do not allow the commissioner to comply with sections
97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis
based upon current biological and harvest data, the commissioner may adopt a rule
under this subdivision by submitting the rule to the attorney general for review under
section 97A.0455, publishing a notice in the State Register and filing the rule with the
secretary of state and the Legislative Coordinating Commission, and complying with
section 97A.0459, and including a statement of the conditions and a copy of the rule in the
notice. The conditions for opening a water body or portion of a water body for night bow
fishing under this section may include the need to temporarily open the area to evaluate
compatibility of the activity on that body of water prior to permanent rulemaking. The
notice may be published after it is received from the attorney general or five business days
after it is submitted to the attorney general, whichever is earlier.

(c) Rules adopted under paragraph (b) are effective upon publishing in the State
Register and may be effective up to seven days before publishing and filing under
paragraph (b), if:

(1) the commissioner of natural resources determines that an emergency exists;

(2) the attorney general approves the rule; and

(3) for a rule that affects more than three counties the commissioner publishes the
rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
rule that affects three or fewer counties the commissioner publishes the rule once in a legal
newspaper in each of the affected counties.

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
(3), may not be effective earlier than seven days after publication.

(e) A rule published under paragraph (c), clause (3), may be effective the day the
rule is published if the commissioner gives notice and holds a public hearing on the rule
within 15 days before publication.

(f) The commissioner shall attempt to notify persons or groups of persons affected
by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
other appropriate means as determined by the commissioner.

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is
effective for the period stated in the notice but not longer than 18 months after the rule is
effective.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 84.027, subdivision 13a, is
amended to read:


Subd. 13a.

Game and fish expedited permanent rules.

(a) In addition to the
authority granted in subdivision 13, the commissioner of natural resources may adopt rules
under section 14.389 that are authorized under:

(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
to provide for registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on the intent or
application of the original rule; or

(2) section 84D.12 to deleted text beginlistdeleted text endnew text begin designatenew text end prohibited invasive species, regulated invasive
species, and unregulated nonnative species.

(b) The commissioner of natural resources may adopt rules under section 14.389
that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those
listed in paragraph (a), clause (1), subject to the notice and public hearing provisions
of section 14.389, subdivision 5.

Sec. 4.

Minnesota Statutes 2014, section 84.091, subdivision 2, is amended to read:


Subd. 2.

License required; deleted text beginexceptiondeleted text endnew text begin exemptionsnew text end.

(a) Except as provided in
deleted text beginparagraph (b)deleted text endnew text begin this subdivisionnew text end, a person may not harvest, buy, sell, transport, or possess
aquatic plants without a license required under this chapter. A license shall be issued in
the same manner as provided under the game and fish laws.

(b) A resident under the age of 18 years may harvest wild rice without a license, if
accompanied by a person with a wild rice license.

new text begin (c) Tribal band members who possess a valid tribal identification card from a
federally recognized tribe located in Minnesota are deemed to have a license to harvest
wild rice under this section.
new text end

Sec. 5.

Minnesota Statutes 2014, section 84D.01, subdivision 2, is amended to read:


Subd. 2.

Aquatic macrophyte.

"Aquatic macrophyte" means new text beginmacro algae ornew text end a
macroscopic nonwoody plant, either a submerged, floating leafed, floating, or emergent
plant that naturally grows in water.

Sec. 6.

Minnesota Statutes 2014, section 84D.05, subdivision 1, is amended to read:


Subdivision 1.

Prohibited activities.

A person may not possess, import, purchase,
sell, propagate, transport, or introduce a prohibited invasive species, except:

(1) under a permit issued by the commissioner under section 84D.11;

(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;

(3) under a restricted species permit issued under section 17.457;

(4) when being transported to the department, or another destination as the
commissioner may direct, in a sealed container for purposes of identifying the species
or reporting the presence of the species;

(5) when being transported for disposal as part of a harvest or control activity
when specifically authorized under a permit issued by the commissioner according to
section 103G.615, when being transported for disposal as specified under a commercial
fishing license issued by the commissioner according to section 97A.418, 97C.801,
97C.811, 97C.825, 97C.831, or 97C.835, or when being transported as specified by the
commissioner;

deleted text begin (6) when the specimen has been lawfully acquired dead and, in the case of plant
species, all seeds are removed or are otherwise secured in a sealed container;
deleted text end

deleted text begin (7) in the form of herbaria or other preserved specimens;
deleted text end

deleted text begin (8)deleted text endnew text begin (6)new text end when being removed from watercraft and equipment, or caught while angling,
and immediately returned to the water from which they came; or

deleted text begin (9)deleted text endnew text begin (7)new text end as the commissioner may otherwise prescribe by rule.

Sec. 7.

new text begin [84D.075] NONNATIVE SPECIES, AQUATIC PLANTS, AND AQUATIC
MACROPHYTES; PARTS AND LIFE STAGE.
new text end

new text begin A law relating to a nonnative species, aquatic plant, or aquatic macrophyte applies in
the same manner to a part of a nonnative species, aquatic plant, or aquatic macrophyte,
whether alive or dead, and to any life stage or form.
new text end

Sec. 8.

Minnesota Statutes 2014, section 84D.09, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

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

(1) that are duckweeds in the family Lemnaceae;

(2) 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;

(3) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;

(4) when harvested for personal or commercial use if in a motor vehicle;

(5) 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;

(6) that are wild rice harvested under section 84.091;

(7) 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; deleted text beginor
deleted text end

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

new text begin (9) when being transported from riparian property to a legal disposal site that is at
least 100 feet from any surface water, ditch, or seasonally flooded land, provided the
aquatic macrophytes are in a covered commercial vehicle specifically designed and used
for hauling trash.
new text end

Sec. 9.

Minnesota Statutes 2014, section 84D.10, subdivision 4, is amended to read:


Subd. 4.

Persons transporting water-related equipment.

(a) When leaving
deleted text beginwatersdeleted text endnew text begin a waternew text end of the statenew text begin,new text end 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 deleted text beginoff the water access site or riparian propertydeleted text end.new text begin For the purposes of this
paragraph, "transporting" includes moving water-related equipment over land between
connected or unconnected water bodies, but does not include moving water-related
equipment within the immediate area required for loading and preparing the water-related
equipment for transport over land.
new text end

(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 listed 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.

(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.

(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).

Sec. 10.

Minnesota Statutes 2014, section 84D.108, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Lake Minnetonka pilot study. new text end

new text begin (a) The commissioner may issue an
additional permit to service providers to return to Lake Minnetonka water-related
equipment with zebra mussels attached after the equipment has been seasonally
stored, serviced, or repaired. The permit must include verification and documentation
requirements and any other conditions the commissioner deems necessary.
new text end

new text begin (b) Water-related equipment with zebra mussels attached may be returned only
to Lake Minnetonka (DNR Division of Waters number 27-0133) by service providers
permitted under subdivision 1.
new text end

new text begin (c) The service provider's place of business must be within the Lake Minnetonka
Conservation District as established according to sections 103B.601 to 103B.645.
new text end

new text begin (d) A service provider applying for a permit under this subdivision must, if approved
for a permit and before the permit is valid, furnish a corporate surety bond in favor of the
state for $50,000 payable upon violation of this chapter.
new text end

new text begin (e) This subdivision expires December 1, 2018.
new text end

Sec. 11.

Minnesota Statutes 2015 Supplement, section 84D.11, subdivision 1, is
amended to read:


Subdivision 1.

Prohibited invasive species.

new text begin(a) new text endThe commissioner may issue a
permit for the propagation, possession, importation, purchase, or transport of a prohibited
invasive species for the purposes of disposal, decontamination, control, research, or
education.

new text begin (b) The commissioner may issue a permit as provided under section 84D.108,
subdivision 2a, to a service provider to allow water-related equipment to be placed back
into the same body of water after being seasonally stored, serviced, or repaired by the
service provider. This paragraph expires December 1, 2018.
new text end

Sec. 12.

Minnesota Statutes 2014, section 84D.13, subdivision 4, is amended to read:


Subd. 4.

Warnings; civil citations.

After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:

(1) unlawfully transports prohibited invasive species or aquatic macrophytes;

(2) unlawfully places or attempts to place into waters of the state water-related
equipment that has aquatic macrophytes or prohibited invasive species attached;

(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian watermilfoil;

(4) fails to remove plugs, open valves, and drain water from water-related equipment
before leaving waters of the state or when transporting water-related equipment as
provided in section 84D.10, subdivision 4; deleted text beginor
deleted text end

(5) transports infested water, in violation of rule, off riparian propertydeleted text begin.deleted text endnew text begin;
new text end

new text begin (6) fails to comply with a decontamination order when a decontamination unit
is available on site;
new text end

new text begin (7) fails to complete decontamination of water-related equipment or to remove
invasive species from water-related equipment by the date specified on a tagging notice
and order; or
new text end

new text begin (8) fails to complete the aquatic invasive species offender training course required
under section 86B.13.
new text end

Sec. 13.

Minnesota Statutes 2015 Supplement, section 84D.13, subdivision 5, is
amended to read:


Subd. 5.

Civil penalties.

(a) A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;

(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, $200;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $500;

(4) for placing or attempting to place into waters of the state water-related equipment
that has prohibited invasive species attached when the waters are not listed by the
commissioner as being infested with that invasive species, $500;

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian watermilfoil, $100;

(6) for failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state, $100;

(7) for transporting infested water off riparian property without a permit as required
by rule, $200; deleted text beginand
deleted text end

(8) for failing to have aquatic invasive species affirmation displayed or available for
inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25deleted text begin.deleted text endnew text begin;
new text end

new text begin (9) for failing to comply with a decontamination order when a decontamination unit
is available on site, $250;
new text end

new text begin (10) for failing to complete decontamination of water-related equipment or to
remove invasive species from water-related equipment by the date specified on a tagging
notice and order, $250; and
new text end

new text begin (11) for failing to complete the aquatic invasive species offender training course
required under section 86B.13, $25.
new text end

(b) A civil citation that is issued to a person who has one or more prior convictions
or final orders for violations of this chapter is subject to twice the penalty amounts listed
in paragraph (a).

Sec. 14.

Minnesota Statutes 2014, section 88.01, is amended by adding a subdivision
to read:


new text begin Subd. 28. new text end

new text begin Prescribed burn. new text end

new text begin "Prescribed burn" means a fire that is intentionally
ignited, managed, and controlled by an entity meeting certification requirements established
by the commissioner for the purpose of managing vegetation. A prescribed burn that has
exceeded its prescribed boundaries and requires suppression action is considered a wildfire.
new text end

Sec. 15.

Minnesota Statutes 2014, section 88.22, subdivision 1, is amended to read:


Subdivision 1.

Imposition of restrictions.

(a) Road closure. When the
commissioner of natural resources shall determine that conditions conducive to wildfire
hazards exist in the wildfire areas of the state and that the presence of persons in the
wildlife areas tends to aggravate wildfire hazards, render forest trails impassable by
driving thereon during wet seasons and hampers the effective enforcement of state timber
trespass and game laws, the commissioner may by written order, close any road or trail
leading into any land used for any conservation purposes, to all modes of travel except
that considered essential such as residents traveling to and from their homes or in other
cases to be determined by the authorized forest officers assigned to guard the area.

(b) Burning ban. The commissioner may also, upon such determination, by written
order, suspend the issuance of permits for open firesnew text begin or prescribed burnsnew text end, revoke or suspend
the operation of a permit previously issued and, to the extent the commissioner deems
necessary, prohibit the building of all or some kinds of open fires new text beginor prescribed burns new text endin all
or any part of a wildfire area regardless of whether a permit is otherwise required; and the
commissioner also may, by written order, prohibit smoking except at places of habitation
or automobiles or other enclosed vehicles properly equipped with an efficient ash tray.

Sec. 16.

Minnesota Statutes 2014, section 116G.15, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Preparation, review, and approval of plans and regulations.
new text end

new text begin Notwithstanding sections 116G.07 to 116G.10, the commissioner shall establish, by rule,
procedures for preparation, review, and approval of plans and regulations, and updates
thereto, that are required by designation of the Mississippi River Corridor Critical Area.
The commissioner may use the expedited rulemaking process under section 14.389 to
adopt and amend rules authorized under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text beginLAKE SERVICE PROVIDER FEASIBILITY REPORT.
new text end

new text begin The commissioner of natural resources shall report to the chairs of the house and
senate committees with jurisdiction over natural resources by January 15, 2019, regarding
the feasibility of expanding permitting to service providers as described in Minnesota
Statutes, section 84D.108, subdivision 2a, to other water bodies in the state. The report
must:
new text end

new text begin (1) include recommendations for state and local resources needed to implement the
program;
new text end

new text begin (2) assess local government inspection roles under Minnesota Statutes, section
84D.105, subdivision 2, paragraph (g); and
new text end

new text begin (3) assess whether mechanisms to ensure that water-related equipment placed back
into the same body of water from which it was removed can adequately protect other
water bodies.
new text end

Sec. 18. new text beginPRESCRIBED BURN REQUIREMENTS; REPORT.
new text end

new text begin The commissioner of natural resources, in cooperation with prescribed burning
professionals, nongovernmental organizations, and local and federal governments, must
develop criteria for certifying an entity to conduct a prescribed burn under a general
permit. The certification requirements must include training, equipment, and experience
requirements and include an apprentice program to allow entities without experience to
become certified. The commissioner must establish provisions for decertifying entities.
The commissioner must not require additional certification or requirements for burns
conducted as part of normal agricultural practices not currently subject to prescribed burn
specifications. The commissioner must submit a report with recommendations and any
legislative changes needed to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment
and natural resources by January 15, 2017.
new text end

Sec. 19. new text beginSAND DUNES STATE FOREST; REPORT.
new text end

new text begin (a) Until July 1, 2017, the commissioner of natural resources shall not log, enter into
a logging contract, or otherwise remove trees for purposes of creating oak savanna in the
Sand Dunes State Forest. This paragraph does not prohibit work done under contracts
entered into prior to the effective date of this section or work on school trust lands.
new text end

new text begin (b) By January 15, 2017, the commissioner must submit a report to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources with the Department of
Natural Resources' progress on collaborating with local citizens and other stakeholders
over the past year when making decisions that impact the landscape, including forest
conversions and other clear-cutting activities, and its progress on other citizen engagement
activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end