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HF 2977

as introduced - 87th Legislature (2011 - 2012) Posted on 03/28/2012 10:15am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; establishing administrative authority to address
certain aquaculture license violations; increasing and establishing certain
civil penalties, fees, and surcharges; establishing an aquatic invasive species
prevention program; requiring portable boat lifts and docks to be licensed;
requiring reports; providing criminal penalties; appropriating money; amending
Minnesota Statutes 2010, sections 13.7931, by adding a subdivision; 17.4998,
subdivision 3, by adding a subdivision; 86B.401, by adding a subdivision;
86B.415, subdivision 7; 97A.485, by adding a subdivision; Minnesota Statutes
2011 Supplement, sections 84D.10, subdivision 4; 84D.13, subdivisions 3, 5;
proposing coding for new law in Minnesota Statutes, chapter 86B.

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

Section 1.

Minnesota Statutes 2010, section 13.7931, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin E-mail addresses. new text end

new text begin E-mail addresses from individuals provided when
applying for a game and fish license or watercraft license are classified under sections
86B.401, subdivision 14, and 97A.485, subdivision 14.
new text end

Sec. 2.

Minnesota Statutes 2010, section 17.4998, subdivision 3, is amended to read:


Subd. 3.

License void.

new text begin(a) new text endThe license of a person convicted of a violation of
sections 17.4981 to 17.4997 or a rule of the commissioner governing the operation of
an aquatic farm, private fish hatchery, or quarantine facility is void for a period of one
year after the conviction if the person is convicted of two or more misdemeanors within
a three-year period. If the commissioner determines that the public welfare will not be
injured, the commissioner may reinstate a license voided under this subdivision.

new text begin (b) The commissioner may, after written notice and hearing, revoke, suspend,
or refuse to grant or renew a license or permit if a person violates or has a history of
violating a provision of sections 17.4981 to 17.4997, chapter 84D, chapter 97C, or a rule
of the commissioner governing the operation of an aquatic farm, private fish hatchery, or
quarantine facility.
new text end

Sec. 3.

Minnesota Statutes 2010, section 17.4998, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Administrative action. new text end

new text begin The commissioner may seek to remedy violations
of sections 17.4981 to 17.4997, chapter 84D, chapter 97C, or a rule of the commissioner
governing the operation of an aquatic farm, private fish hatchery, or quarantine facility by
a written warning, administrative meeting, cease and desist, stop-use, stop-sale, removal,
correction order, or other special order, seizure, stipulation, agreement, or administrative
penalty, if the commissioner determines that the remedy is in the public interest.
new text end

Sec. 4.

Minnesota Statutes 2011 Supplement, 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 and marine sanitary
systems are exempt from this subdivision.

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

new text begin (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 end

Sec. 5.

Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 3, is
amended to read:


Subd. 3.

Criminal penalties.

(a) A person who violates a provision of sections
84D.03 or 84D.06 to 84D.11, or a rule adopted under section 84D.12, is guilty of a
misdemeanor.

(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section 84D.05 is guilty of a misdemeanor. new text beginA person who willfully possesses,
transports, or introduces a prohibited invasive species in violation of section 84D.05 is
guilty of a gross misdemeanor.
new text endA person who imports, purchases, sells, or propagates a
prohibited invasive species in violation of section 84D.05 is guilty of a gross misdemeanor.

(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any water-related
equipment is guilty of a gross misdemeanor.

Sec. 6.

Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
amended to read:


Subd. 5.

Civil penalties.

new text begin(a) new text endA civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes in violation of section 84D.09, deleted text begin$50deleted text endnew text begin $100new text end;

(2) for placing or attempting to place into waters of the state water-related equipment
that has aquatic macrophytes attached, deleted text begin$100deleted text endnew text begin $200new text end;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, deleted text begin$250deleted text endnew text begin $500new text end;

(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 designated by the
commissioner as being infested with that invasive species, $500 deleted text beginfor the first offense and
$1,000 for each subsequent offense
deleted text end;

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

(6) fornew text begin failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or for
new text end failing to remove plugs, open valves, and
drain water from water-related equipment, other than marine sanitary systems, before
leaving waters of the state, deleted text begin$50deleted text endnew text begin $100new text end; and

(7) for transporting infested water off riparian property without a permit as required
by rule, $200.

new text begin (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).
new text end

Sec. 7.

new text begin [86B.13] AQUATIC INVASIVE SPECIES PREVENTION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish a statewide course
in preventing the spread of aquatic invasive species. The commissioner must develop an
educational course and testing program that address identification of aquatic invasive
species and best practices to prevent the spread of aquatic invasive species when moving
water-related equipment, as defined under section 84D.01, subdivision 18a.
new text end

new text begin Subd. 2. new text end

new text begin Aquatic invasive species trailer decal. new text end

new text begin The commissioner shall issue an
aquatic invasive species trailer decal to a person that satisfactorily completes the required
course of instruction.
new text end

new text begin Subd. 3. new text end

new text begin Contracting for services. new text end

new text begin The commissioner may contract for services
with the University of Minnesota and Minnesota State Colleges and Universities to
provide training and testing services under this section.
new text end

Sec. 8.

new text begin [86B.135] AQUATIC INVASIVE SPECIES TRAILER DECAL
REQUIRED.
new text end

new text begin (a) A person may not transport watercraft or water-related equipment, as defined
under section 84D.01, subdivision 18a, with a trailer unless the person has an aquatic
invasive species trailer decal issued under section 86B.13.
new text end

new text begin (b) Aquatic invasive species trailer decals are valid for three years.
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. 9.

Minnesota Statutes 2010, section 86B.401, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin E-mail address. new text end

new text begin The commissioner shall provide an option for
individuals licensing a watercraft to provide their e-mail addresses to be used for notifying
individuals of watercraft and aquatic invasive species regulations and to invite individuals
to sign up for e-mail lists and social media efforts of the department to assist in public
outreach and involvement. An e-mail address provided by an individual under this section
is private data, as defined in section 13.02, subdivision 12.
new text end

Sec. 10.

Minnesota Statutes 2010, section 86B.415, subdivision 7, is amended to read:


Subd. 7.

Watercraft surcharge.

A deleted text begin$5deleted text end surcharge is placed on each watercraft
licensed under subdivisions 1 to 5 for control, public awareness, law enforcement,
monitoring, and research of aquatic invasive species such as zebra mussel, purple
loosestrife, and Eurasian water milfoil in public waters and public wetlands.new text begin The
surcharge is:
new text end

new text begin (1) $5 for watercraft used by a nonprofit organization as provided under subdivision
4;
new text end

new text begin (2) $10 for canoes, kayaks sailboards, paddle boards, paddle boats, or rowing shells;
new text end

new text begin (3) $20 for watercraft licensed under subdivision 1, clause (6); and
new text end

new text begin (4) $25 for all other watercraft.
new text end

Sec. 11.

new text begin [86B.425] PORTABLE BOAT LIFT AND DOCK LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) Except as provided in paragraph (b), a person may
not place a portable boat lift or dock into waters of the state unless the portable boat lift or
dock has been registered and licensed under this section and the registration number is
affixed to the boat lift or dock as prescribed by the commissioner.
new text end

new text begin (b) A portable boat lift or dock owned by the United States, an Indian tribal
government, a state, or a political subdivision of a state is not required to be licensed
under this section.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A person may apply to the commissioner, the commissioner
of public safety, or an authorized deputy registrar of motor vehicles to license a portable
boat lift or dock in a format prescribed by the commissioner. The application must state
the names and addresses of all owners of the portable boat lift or dock and the water body
into which the boat lift or dock will be placed.
new text end

new text begin Subd. 3. new text end

new text begin Licensing. new text end

new text begin The license agent shall register the boat lift or dock upon
receiving an application and the license fee. A license and registration sticker with
a registration number shall be issued and must be affixed to the boat lift or dock as
prescribed by the commissioner. A license is valid for three calendar years or a portion
of the three-year period beginning in the calendar year the license is issued. The license
expires on December 31 of the last calendar year of the license period and may be renewed
in the same manner as applying for the original license. The commissioner shall issue
a duplicate license if an owner provides to the commissioner an affidavit of loss or
destruction of the license previously issued and pays the duplicate license fee.
new text end

new text begin Subd. 4. new text end

new text begin Notification of change. new text end

new text begin If the address of an owner of a licensed portable
boat lift or dock changes so that it does not conform with the address on the boat lift or
dock license or if the boat lift or dock has been placed into a water body other than the one
noted on the license application, the owner must notify the commissioner in writing within
30 days after the change occurs, on a form prescribed by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Notice of ownership change, destruction, or abandonment of
watercraft.
new text end

new text begin (a) An owner of a watercraft must provide written notice to the commissioner
on a form prescribed by the commissioner within 15 days after abandonment, destruction,
or a change in ownership of a licensed portable boat lift or dock.
new text end

new text begin (b) A change in ownership does not include the transfer of a security interest.
new text end

new text begin (c) After a change of ownership:
new text end

new text begin (1) the new owner is subject to the penalties imposed by this chapter if the new
owner fails to give notice as required by this subdivision; and
new text end

new text begin (2) the commissioner shall terminate the license without further action if the new
owner fails to give notice of ownership change.
new text end

new text begin (d) A notice of ownership change must be accompanied by the duplicate license fee.
The commissioner shall issue a duplicate license upon receipt of the notice of ownership
change and the duplicate license fee.
new text end

new text begin Subd. 6. new text end

new text begin Fees. new text end

new text begin The fee for a portable boat lift or dock license is $........ The fee to
transfer a license or be issued a duplicate license is $4.50.
new text end

new text begin Subd. 7. new text end

new text begin Registrar's fee. new text end

new text begin In addition to other fees prescribed by law, a filing fee
of $4.50 shall be charged for each license renewal, duplicate or replacement license, and
replacement decal, and a filing fee of $7 shall be charged for each license and license
transfer issued by:
new text end

new text begin (1) the registrar or a deputy registrar of motor vehicles and the additional fee shall be
disposed of in the manner provided in section 168.33, subdivision 2; or
new text end

new text begin (2) the commissioner and the additional fee shall be deposited in the state treasury
and credited to the invasive species account.
new text end

new text begin Subd. 8. new text end

new text begin Disposition of receipts. new text end

new text begin Money received for portable boat lift and dock
licenses shall be deposited in the state treasury and credited to the invasive species account.
new text end

new text begin Subd. 9. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund on a license, not including
any issuing fees paid under subdivision 7, if the refund request is received within 60 days
of the original license, the license is not used or transferred, and the boat lift or dock
was licensed incorrectly.
new text end

Sec. 12.

Minnesota Statutes 2010, section 97A.485, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin E-mail address. new text end

new text begin The commissioner shall provide an option for
individuals purchasing licenses to provide their e-mail addresses to be used for notifying
individuals of game and fish regulations and to invite individuals to sign up for e-mail lists
and social media efforts of the department to assist in public outreach and involvement.
The information collected under this subdivision is classified as private or nonpublic
data. An e-mail address provided by an individual under this section is private data, as
defined in section 13.02, subdivision 12.
new text end

Sec. 13. new text beginCROSS-WATERSHED CONTAMINATION REPORT.
new text end

new text begin By January 1, 2013, the commissioner of natural resources, in consultation with
watershed districts and drainage authorities, shall prepare and submit a report to the chairs
and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over the environment and natural resources regarding the
potential for aquatic invasive species to spread between the state's major water basins.
new text end

Sec. 14. new text beginGREAT LAKES AND MISSISSIPPI RIVER BASINS; BARRIERS.
new text end

new text begin The commissioner of natural resources, in coordination with the efforts of the Great
Lakes and Mississippi River Interbasin Study, shall identify locations where aquatic
invasive species have the potential to spread from the Great Lakes Basin to the Mississippi
River Basin within the state and shall construct physical barriers.
new text end

Sec. 15. new text beginQUAGGA MUSSEL REPORT.
new text end

new text begin By January 1, 2013, the commissioner of natural resources shall prepare and submit
a report to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over the environment and natural
resources regarding the status and potential for quagga mussel infestation in the state.
new text end

Sec. 16. new text beginAQUATIC INVASIVE SPECIES; POTENTIAL IMPACT OF
COMMERCE.
new text end

new text begin By January 1, 2013, the commissioner of natural resources, in consultation with
the commissioners of agriculture, employment and economic development, and other
agencies, shall prepare and submit a report to the chairs and ranking minority members of
the house of representatives and senate committees and divisions with jurisdiction over the
environment and natural resources regarding the potential for aquatic invasive species to
spread through commercial activity in the state, including aquarium and aquatic plant sales.
new text end

Sec. 17. new text beginENVIRONMENTAL DNA TESTING.
new text end

new text begin The commissioner of natural resources, in cooperation with the commissioner of
agriculture, shall test all of the state's major water basins for the presence of big head,
silver, and grass carp using environmental DNA. The commissioner may enter into
contracts with the United States Army Corps of Engineers and the United States Fish
and Wildlife Service, including the La Crosse Fish Health Center located in Onalaska,
Wisconsin, as necessary to comply with this section.
new text end

Sec. 18. new text beginINTERSTATE COORDINATION.
new text end

new text begin The commissioner of natural resources shall coordinate with the appropriate state
agencies in neighboring states when planning and implementing aquatic invasive species
efforts, when appropriate.
new text end

Sec. 19. new text beginAQUATIC INVASIVE SPECIES EDUCATION.
new text end

new text begin The commissioner of natural resources shall consult with and contract with, when
appropriate, the University of Minnesota and Minnesota State Colleges and Universities
when developing education materials and education programs on aquatic invasive species.
new text end

Sec. 20. new text beginBALLAST WATER REPORT.
new text end

new text begin By January 1, 2013, the commissioner of the Pollution Control Agency shall
prepare and submit a report to the chairs and ranking minority members of the house
of representatives and senate committees and divisions with jurisdiction over the
environment and natural resources regarding the ballast water efforts of the agency and
implementation of the permit program.
new text end

Sec. 21. new text beginPURPLE LOOSESTRIFE.
new text end

new text begin By January 1, 2013, the commissioner of natural resources, in consultation with the
commissioner of agriculture and counties, shall prepare and submit a report to the chairs
and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over the environment and natural resources regarding the
implementation and effectiveness of purple loosestrife control under Minnesota Statutes,
section 18.78, subdivision 2, and any recommendations for change.
new text end

Sec. 22. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2013 is appropriated from the ....... to the commissioner of
natural resources to implement this act.
new text end