HF 834

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; permitting the use of 
  1.3             triploid grass carp for aquatic vegetation control; 
  1.4             requiring rulemaking; providing criminal penalties; 
  1.5             amending Minnesota Statutes 2000, sections 84D.11, 
  1.6             subdivision 1; 84D.13, subdivision 3; and 97C.521; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 84D. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 84D.11, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [PROHIBITED EXOTIC SPECIES.] The 
  1.13  commissioner may issue a permit for the propagation, possession, 
  1.14  importation, purchase, or transport of a prohibited exotic 
  1.15  species for the purposes of disposal, control, research, or 
  1.16  education or for the purposes of section 84D.21. 
  1.17     Sec. 2.  Minnesota Statutes 2000, section 84D.13, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [CRIMINAL PENALTIES.] (a) A person who violates a 
  1.20  provision of section 84D.05, 84D.06, 84D.07, 84D.08, or 84D.10, 
  1.21  or 84D.21, or a rule adopted under section 84D.12 or 84D.21, is 
  1.22  guilty of a misdemeanor. 
  1.23     (b) A person who refuses to obey an order of a peace 
  1.24  officer or conservation officer to remove prohibited exotic 
  1.25  species or aquatic macrophytes from any watercraft, trailer, or 
  1.26  plant harvesting equipment is guilty of a misdemeanor. 
  1.27     Sec. 3.  [84D.20] [DEFINITIONS.] 
  2.1      Subdivision 1.  [APPLICABILITY.] For purposes of sections 
  2.2   84D.20 and 84D.21, the terms used have the meanings given. 
  2.3      Subd. 2.  [NONPUBLIC WATER BODY.] "Nonpublic water body" 
  2.4   means a body of water that: 
  2.5      (1) is not a public water, as defined under section 
  2.6   103G.005, subdivision 15; 
  2.7      (2) is not contiguous to a wetland, as defined under 
  2.8   section 103G.005, subdivision 19; 
  2.9      (3) has no outlet to public waters; 
  2.10     (4) is five acres or less in area; and 
  2.11     (5) lies wholly within the boundaries of lands privately 
  2.12  owned or leased by the person applying for a permit under 
  2.13  section 84D.21.  
  2.14     Subd. 3.  [TRIPLOID GRASS CARP.] "Triploid grass carp" 
  2.15  means a grass carp (Ctenopharyngodon idella) that has three sets 
  2.16  of chromosomes and is sterile. 
  2.17     Sec. 4.  [84D.21] [TRIPLOID GRASS CARP PERMITS.] 
  2.18     Subdivision 1.  [APPLICATION OF OTHER LAW.] (a) 
  2.19  Notwithstanding sections 84D.01 to 84D.14 and rules adopted 
  2.20  thereunder, the commissioner shall issue permits to possess, 
  2.21  import, purchase, sell, propogate, or transport triploid grass 
  2.22  carp according to this section. 
  2.23     (b) Section 84D.08 applies to the holder of a permit issued 
  2.24  under subdivision 2 or 6. 
  2.25     Subd. 2.  [PERMIT.] (a) The commissioner may issue a 
  2.26  triploid grass carp permit to the owner of a nonpublic water 
  2.27  body for the purpose of controlling harmful or undesirable 
  2.28  aquatic vegetation. 
  2.29     (b) The holder of a permit issued under this subdivision 
  2.30  may buy and possess triploid grass carp according to the terms 
  2.31  of the permit. 
  2.32     Subd. 3.  [APPLICATION REQUIREMENTS.] An application for a 
  2.33  triploid grass carp permit must include: 
  2.34     (1) the size of the nonpublic water body; 
  2.35     (2) a map showing the location of the nonpublic water body; 
  2.36     (3) the principal use of the nonpublic water body; 
  3.1      (4) what aquatic vegetation is targeted for control; 
  3.2      (5) whether the nonpublic water body has any connection to 
  3.3   any other water body; and 
  3.4      (6) a fee of $20. 
  3.5      Subd. 4.  [PERMIT CRITERIA.] Upon receiving a permit 
  3.6   application, the commissioner shall inspect the nonpublic water 
  3.7   body to assess aquatic vegetation and identify potential escape 
  3.8   routes.  The commissioner shall recommend any necessary escape 
  3.9   barriers and the number of triploid grass carp for each 
  3.10  applicant.  The commissioner shall issue a triploid grass carp 
  3.11  permit if: 
  3.12     (1) the aquatic vegetation that is targeted for control 
  3.13  significantly impairs the intended use of the nonpublic water 
  3.14  body; 
  3.15     (2) the targeted aquatic vegetation is a plant species 
  3.16  consumed by grass carp; 
  3.17     (3) the nonpublic water body has no species of wild animal 
  3.18  or plant designated by the commissioner under section 84.0895, 
  3.19  subdivision 3, as being endangered, threatened, or of special 
  3.20  concern; and 
  3.21     (4) the commissioner makes a determination that the escape 
  3.22  of triploid grass carp from the nonpublic water body would not 
  3.23  significantly impact public waters or waters of another or that 
  3.24  escape can be prevented by the use of physical barriers. 
  3.25     Subd. 5.  [PERMIT TERMS.] (a) A permittee may buy and 
  3.26  possess only triploid grass carp that are certified as triploid 
  3.27  by the United States Fish and Wildlife Service.  
  3.28     (b) The commissioner may require that a permittee construct 
  3.29  escape barriers over drainpipes, emergency spillways, and other 
  3.30  escape routes before stocking. 
  3.31     (c) A permit issued under this section is for a specific 
  3.32  nonpublic water body and a specific number of triploid grass 
  3.33  carp.  The permittee may not relocate triploid grass carp to any 
  3.34  water body other than the nonpublic water body for which the 
  3.35  permit was issued. 
  3.36     (d) Upon request, the commissioner must be granted access, 
  4.1   at reasonable times, to the nonpublic water body to evaluate the 
  4.2   impact of the triploid grass carp stocking. 
  4.3      Subd. 6.  [SUPPLIER REQUIREMENTS.] (a) A person who 
  4.4   propagates and sells triploid grass carp in this state must be 
  4.5   licensed as a quarantine facility under sections 17.4981 to 
  4.6   17.4998 and possess a permit issued under section 84D.11, 
  4.7   subdivision 1, for grass carp.  All grass carp sold from the 
  4.8   facility must be certified as triploid by the United States Fish 
  4.9   and Wildlife Service.  The commissioner may, at reasonable 
  4.10  times, inspect and test fish sold from the facility and may 
  4.11  confiscate and dispose of any fish that are diploid grass carp. 
  4.12     (b) A person who imports triploid grass carp to sell in 
  4.13  this state must obtain a permit from the commissioner.  All 
  4.14  imported triploid grass carp must be certified as triploid, 
  4.15  before shipment, by the United States Fish and Wildlife 
  4.16  Service.  The certification and a copy of the importation permit 
  4.17  must accompany the shipment and must be available for inspection 
  4.18  by the commissioner.  The commissioner may, at reasonable times, 
  4.19  inspect and test any shipment of imported triploid grass carp 
  4.20  and may confiscate and dispose of any shipment that contains 
  4.21  diploid grass carp.  
  4.22     (c) When issuing a permit under subdivision 2, the 
  4.23  commissioner shall provide a list of suppliers that meet the 
  4.24  requirements of this subdivision to sell triploid grass carp in 
  4.25  the state. 
  4.26     Subd. 7.  [RULEMAKING.] The commissioner shall adopt rules 
  4.27  to administer this section. 
  4.28     Sec. 5.  Minnesota Statutes 2000, section 97C.521, is 
  4.29  amended to read: 
  4.30     97C.521 [TRANSPORTATION OF CARP FINGERLINGS PROHIBITED.] 
  4.31     Except as provided in section sections 17.4984, subdivision 
  4.32  2, paragraph (g), and 84D.21, a person may not transport live 
  4.33  carp fingerlings.