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SF 1115

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/10/2011 02:16pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying nonnative species provisions; modifying
certain requirements for public waters work permits; modifying requirements for
permits to control or harvest aquatic plants; providing criminal penalties and civil
penalties; amending Minnesota Statutes 2010, sections 84D.01, subdivisions 8a,
16, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions
3, 4; 84D.08; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a;
84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 97C.081, subdivision
4; 103G.311, subdivision 5; 103G.615, subdivision 1, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 84D; 86B;
repealing Minnesota Statutes 2010, section 84D.02, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 84D.01, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Decontaminate. new text end

new text begin "Decontaminate" means to wash, drain, dry, or thermally
or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
species using the "Recommended Uniform Minimum Protocols and Standards for
Watercraft Interception Programs for Dreissenid Mussels in the Western United States"
(September 2009) prepared for the Western Regional Panel on Aquatic Nuisance Species,
or other protocols developed by the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:


Subd. 8a.

Introduce.

"Introduce" means to place, release, or allow the escape of a
nonnative species into a free-living state.new text begin Introduce does not include:
new text end

new text begin (1) the immediate return of a nonnative species to waters of the state from which the
nonnative species was removed; or
new text end

new text begin (2) the seasonal return of nonnative species attached to water-related equipment,
such as a dock or boat lift, that has been stored on riparian property and directly returned
to the same waters of the state from which the water-related equipment was removed.
new text end

Sec. 3.

Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:


new text begin Subd. 8b. new text end

new text begin Inspect. new text end

new text begin "Inspect" means to examine water-related equipment to
determine whether aquatic invasive species, aquatic macrophytes, or water is present and
includes removal, drainage, decontamination, or treatment to prevent the transportation
and spread of aquatic invasive species, aquatic macrophytes, and water.
new text end

Sec. 4.

Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:


new text begin Subd. 8c. new text end

new text begin Inspector. new text end

new text begin "Inspector" means: (1) an individual trained and authorized by
the commissioner to inspect water-related equipment under section 84D.105, subdivision
2, paragraph (a); or (2) a conservation officer or a licensed peace officer.
new text end

Sec. 5.

Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:


new text begin Subd. 15a. new text end

new text begin Service provider. new text end

new text begin "Service provider" means an individual who
installs or removes water-related equipment or structures from waters of the state for
hire. "Service provider" does not include a person working under the supervision of an
individual with a valid service provider permit issued under section 84D.108.
new text end

Sec. 6.

Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:


Subd. 16.

Transport.

"Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not includenew text begin:
new text end

new text begin (1)new text end the deleted text begintransportdeleted text endnew text begin movementnew text end of infested water or a new text beginnonnative new text endspecies within a water
of the state or to a connected water of the state where the species being transported is
already presentnew text begin; or
new text end

new text begin (2) the movement of a nonnative species attached to water-related equipment or
other water-related structures from a water of the state to the shore of riparian property on
that water or the return of water-related equipment or structures from the shore into the
same water of the state
new text end.

Sec. 7.

Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:


new text begin Subd. 18a. new text end

new text begin Water-related equipment. new text end

new text begin "Water-related equipment" means a motor
vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
any other associated equipment or container, including but not limited to portable bait
containers, live wells, ballast tanks except for those vessels permitted under the Pollution
Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
or water.
new text end

Sec. 8.

Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:


Subd. 21.

Wild animal.

"Wild animal" deleted text beginmeans a living creature, not human, wild by
nature, endowed with sensation and power of voluntary motion
deleted text endnew text begin has the meaning given
under section 97A.015, subdivision 55
new text end.

Sec. 9.

Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:


Subd. 6.

Annual report.

By January 15 each year, the commissioner shall submit a
report on invasive species of aquatic plants and wild animals to the legislative committees
having jurisdiction over environmental and natural resource issues. The report must
include:

(1) detailed information on expenditures for administration, education, management,
inspections, and research;

(2) an analysis of the effectiveness of management activities conducted in the state,
including chemical control, harvesting, educational efforts, and inspections;

(3) information on the participation of other state agencies, local government units,
and interest groups in control efforts;

(4) information on the progress made in the management of each species; and

(5) an assessment of future management needsnew text begin and additional measures to protect
the state's water resources from human transport and introduction of invasive species
new text end.

Sec. 10.

Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:


Subd. 3.

Bait harvest from infested waters.

(a) deleted text beginThedeleted text end Taking deleted text beginofdeleted text end wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b)new text begin and section 97C.341new text end.

(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fishnew text begin or certifiable diseases of fish, as defined
under section 17.4982, subdivision 6
new text end, deleted text beginthedeleted text end taking deleted text beginofdeleted text end wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.

new text begin (c) Equipment authorized for minnow harvest in a designated infested water by
permit issued under paragraph (b) may not be transported to, or used in, any waters other
than waters specified in the permit.
new text end

Sec. 11.

Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:


Subd. 4.

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

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

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

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from waters of the state.

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

new text begin (e) A person harvesting aquatic life from waters of the state for the purpose of
transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
life shall remain in the holding facility for at least ten hours and be examined for the
presence of invasive species.
new text end

new text begin (f) This subdivision applies to the state and its departments and agencies.
new text end

Sec. 12.

Minnesota Statutes 2010, section 84D.08, is amended to read:


84D.08 deleted text beginESCAPE OFdeleted text end NONNATIVE AND INVASIVE SPECIESnew text begin;
NOTIFICATION
new text end.

new text begin Subdivision 1. new text end

new text begin Introduction of nonnative and invasive species; notification.
new text end

(a) A person that allows or causes the introduction of an animal that is a prohibited
invasive, regulated invasive, or unlisted nonnative species shall, within 24 hours after
learning of the introduction, notify the commissioner, a conservation officer, or another
person designated by the commissioner. The person shall make every reasonable attempt
to recapture or destroy the introduced animal. If the animal is a prohibited invasive
species, the person is liable for the actual costs incurred by the department in capturing or
controlling, or attempting to capture or control, the animal and its progeny. If the animal is
a regulated invasive species, the person is liable for these costs if the introduction was in
violation of the person's permit issued under section 84D.11.

(b) A person that complies with this section is not subject to criminal penalties
under section 84D.13 for the introduction.

new text begin Subd. 2. new text end

new text begin Aquatic invasive species; notification. new text end

new text begin (a) Identification of an aquatic
invasive species through sampling and monitoring procedures at a location where that
species has not been known to exist shall be reported immediately to the commissioner
or an inspector.
new text end

new text begin (b) Any person that becomes aware of or suspects an aquatic invasive species being
present at a location where that species has not been known to exist shall report the aquatic
invasive species presence within 48 hours to the commissioner or an inspector.
new text end

new text begin (c) An aquatic invasive species report under this subdivision shall include the date
and time of the detection of the aquatic invasive species, the exact location of sighting, the
suspected species, and the name and contact information of the reporter. Any samples
collected of suspected aquatic invasive species shall be submitted to the commissioner or
an inspector designated by the commissioner within 48 hours.
new text end

Sec. 13.

Minnesota Statutes 2010, section 84D.09, is amended to read:


84D.09 AQUATIC MACROPHYTES.

Subdivision 1.

Transportation prohibited.

A person may not transport aquatic
macrophytes deleted text beginon any state forest road as defined by section 89.001, subdivision 14, any
road or highway as defined in section 160.02, subdivision 26, or any other public road
deleted text end,
except as provided in this section.

Subd. 2.

Exceptions.

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

(1) that are duckweeds in the family Lemnaceae;

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

(3) 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;

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

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

(6) 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;

(7) when transporting commercial aquatic plant harvesting new text beginor control new text endequipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;

(8) that are wild rice harvested under section 84.091; deleted text beginordeleted text end

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

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

Sec. 14.

Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:


Subdivision 1.

Launching prohibited.

A person may not place or attempt to
place into waters of the state a watercraft, a trailer, or new text beginaquatic new text endplant harvestingnew text begin or controlnew text end
equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
attached except as provided in this section.

Sec. 15.

Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:


Subd. 3.

Removal and confinement.

new text begin(a) new text endA conservation officer or other licensed
peace officer may order:

(1) the removal of aquatic macrophytes or prohibited invasive species from deleted text begina trailer
or watercraft
deleted text endnew text begin water-related equipmentnew text end before it is placed into waters of the state;

(2) confinement of the deleted text beginwatercraftdeleted text endnew text begin water-related equipmentnew text end at a mooring, dock, or
other location until the deleted text beginwatercraftdeleted text endnew text begin water-related equipmentnew text end is removed from the water; deleted text beginand
deleted text end

(3) removal of deleted text begina watercraftdeleted text endnew text begin water-related equipmentnew text end from waters of the state
to remove prohibited invasive species if the water has not been designated by the
commissioner as being infested with that speciesnew text begin; and
new text end

new text begin (4) a prohibition on placing water-related equipment into waters of the state when
the water-related equipment has aquatic macrophytes or prohibited invasive species
attached in violation of subdivision 1 or when water has not been drained or the drain plug
has not been removed in violation of subdivision 4.
new text end

new text begin (b) An inspector who is not a licensed peace officer may issue orders under
paragraph (a), clauses (1), (3), and (4)
new text end.

Sec. 16.

Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:


Subd. 4.

Persons deleted text beginleaving public waters; reportdeleted text endnew text begin transporting water-related
equipment
new text end.

(a) deleted text beginA persondeleted text endnew text begin Whennew text end leaving waters of the state new text begina person new text endmust drain
deleted text begin boating-relateddeleted text endnew text begin water-relatednew text end equipment holding water and live wells and bilges by
removing the drain plug before transporting the deleted text beginwatercraft and associateddeleted text endnew text begin water-relatednew text end
equipment deleted text beginon public roadsdeleted text endnew text begin off the water access site or riparian propertynew text end.

new text begin (b) new text endDrain 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
deleted text begin watercraft on a public roaddeleted text endnew text begin water-related equipmentnew text end.

new text begin (c)new text end Marine sanitary systems and portable bait containers new text beginused by licensed aquatic
farms
new text endare deleted text beginexcludeddeleted text endnew text begin exemptnew text end from this deleted text beginrequirementdeleted text endnew text begin subdivisionnew text end.

new text begin (d)new text end A person must not dispose of bait in waters of the state.

deleted text begin (b) The commissioner shall report, by January 15 of each odd-numbered year, to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions having jurisdiction over water resources policy and finance. The
report shall advise the legislature on additional measures to protect state water resources
from human transport of invasive species.
deleted text end

new text begin (e) Emergency response vehicles and equipment that are being used in responding to
an emergency 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.
new text end

Sec. 17.

new text begin [84D.105] INSPECTION OF WATER-RELATED EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Compliance inspections. new text end

new text begin Compliance with aquatic invasive
species inspection requirements is an express condition of operating or transporting
water-related equipment. An inspector may prohibit an individual from placing or
operating water-related equipment in waters of the state if the individual refuses to allow
an inspection of the individual's water-related equipment or refuses to remove and dispose
of aquatic invasive species, aquatic macrophytes, and water.
new text end

new text begin Subd. 2. new text end

new text begin Inspector authority. new text end

new text begin (a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water.
new text end

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

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

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

Sec. 18.

new text begin [84D.108] SERVICE PROVIDER PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Service provider permit required. new text end

new text begin (a) Service providers must apply
for and obtain a permit from the commissioner before providing any services described in
section 84D.01, subdivision 15a.
new text end

new text begin (b) Service providers must have a valid permit in possession while providing
services described in section 84D.01, subdivision 15a.
new text end

new text begin Subd. 2. new text end

new text begin Permit requirements. new text end

new text begin (a) Service providers must complete invasive
species training provided by the commissioner and pass an examination to qualify for a
permit. Service provider permits are valid for three calendar years.
new text end

new text begin (b) A $50 application and testing fee is required for service provider permit
applications.
new text end

new text begin (c) Persons working for a permittee must satisfactorily complete aquatic invasive
species-related training provided by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Standard for issuing. new text end

new text begin The commissioner may issue, deny, modify, or
revoke a permit as provided in section 84D.11, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Appeal of permit decision. new text end

new text begin Permit decisions may be appealed as provided
in section 84D.11, subdivision 4.
new text end

Sec. 19.

Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:


Subd. 2a.

Harvest of bait from infested waters.

new text begin(a) new text endThe commissioner may issue
a permit to allow the harvest of bait from waters that are designated as infested waters,
except those designated because they contain prohibited invasive species of fish. The
permit shall include conditions necessary to avoid spreading aquatic invasive species.

new text begin (b)new text end Before receiving a permit, new text beginor working for a permittee, new text enda person annually
must satisfactorily complete aquatic invasive species-related training provided by the
commissioner.

Sec. 20.

Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:


Subd. 3.

Criminal penalties.

(a) A person who violates a provision of deleted text beginsectiondeleted text endnew text begin
sections 84D.03 or
new text end 84D.06deleted text begin, 84D.07, 84D.08, or 84D.10deleted text endnew text begin to 84D.11new text end, 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. A 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 deleted text beginwatercraft, trailer,
or plant harvesting
deleted text endnew text begin water-relatednew text end equipment is guilty of a gross misdemeanor.

Sec. 21.

Minnesota Statutes 2010, 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 deleted text begina trailer, a
watercraft, or plant harvesting
deleted text endnew text begin water-relatednew text end 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 water milfoil;

(4) fails to new text beginremove plugs, open valves, and new text enddrain waterdeleted text begin, as required by rule,deleted text end from
deleted text begin watercraft anddeleted text endnew text begin water-relatednew text end equipment before leaving deleted text begindesignated zebra mussel, spiny
water flea, or other invasive plankton infested
deleted text end watersnew text begin of the state or when transporting
water-related equipment as provided in section 84D.10, subdivision 4
new text end; or

(5) transports infested water, in violation of rule, off riparian property.

Sec. 22.

Minnesota Statutes 2010, 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 deleted text beginon a forest road as defined by section
89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
any other public road, $50
deleted text endnew text begin in violation of section 84D.09, $100new text end;

(2) for placing or attempting to place into waters of the state deleted text begina watercraft, a trailer, or
aquatic plant harvesting
deleted text endnew text begin water-relatednew text end 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 deleted text begina watercraft, a trailer,
or aquatic plant harvesting
deleted text endnew text begin water-relatednew text end 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 offensedeleted text end;

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

(6) for failing to new text beginremove plugs, open valves, and new text enddrain waterdeleted text begin, as required by rule,
for infested waters and
deleted text end from deleted text beginwatercraft anddeleted text endnew text begin water-relatednew text end equipment, other than marine
sanitary systems deleted text beginand portable bait containersdeleted text end, before leaving waters of the statedeleted text begin, $50deleted text endnew text begin or
when transporting water-related equipment as provided in section 84D.10, subdivision 4,
$100
new 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. 23.

Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:


Subd. 6.

Watercraft license suspension.

A civil citation may be issued to suspend,
for up to a year, the watercraft license of an owner or person in control of a watercraft
or trailer who refuses to submit to an inspection under section deleted text begin84D.02, subdivision 4,deleted text endnew text begin
84D.105
new text end or who refuses to comply with a removal order given undernew text begin thisnew text end section deleted text begin84D.13deleted text end.

Sec. 24.

Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:


Subd. 7.

Satisfaction of civil penalties.

A civil penalty is due and a watercraft
license suspension is effective 30 days after issuance of the civil citation. A civil penalty
collected under this section deleted text beginis payable todeleted text end new text beginmust be paid to either: (1) new text endthe commissionernew text begin
if the citation was issued by a conservation officer
new text end and must be credited to the invasive
species accountnew text begin; or (2) the treasury of the unit of government employing the officer who
issued the civil citation
new text end.

Sec. 25.

Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:


Subd. 2.

Receipts.

Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, deleted text beginanddeleted text end civil penalties under section 84D.13new text begin, and service
provider permits under section 84D.108,
new text end
shall be deposited in the invasive species account.
Each year, the commissioner of management and budget shall transfer from the game and
fish fund to the invasive species account, the annual surcharge collected on nonresident
fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010
and 2011, the commissioner of management and budget shall transfer $725,000 from the
water recreation account under section 86B.706 to the invasive species account.

Sec. 26.

new text begin [86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
new text end

new text begin (a) A watercraft owner or operator must obtain and display an aquatic invasive
species rules decal issued by the commissioner on the owner or operator's watercraft prior
to launching on, entering into, or operating on any waters of the state.
new text end

new text begin (b) The aquatic invasive species rules decal must be attached to the watercraft so as
to be in full view of the operator.
new text end

Sec. 27.

Minnesota Statutes 2010, section 97C.081, subdivision 4, is amended to read:


Subd. 4.

Restrictions.

(a) The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
to restrict activities that affect research or management work, to restrict the number of
boats, and for the safety of contest participants.new text begin The commissioner may require mandatory
decontamination of boats participating in fishing contests on infested waters.
new text end

(b) By March 1, 2011, the commissioner shall develop a best practices certification
program for fishing contest organizers to ensure the proper handling and release of fish.

Sec. 27.

Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:


Subd. 5.

Demand for hearing.

(a) If a hearing is waived and an order is made
issuing or denying the permit, the applicant, the managers of the watershed district, the
board of supervisors of the soil and water conservation district, or the deleted text beginmayordeleted text endnew text begin governing
body
new text end of the municipality may file a demand for hearing on the application. The demand
for a hearing must be filed within 30 days after mailed notice of the order with the bond
required by subdivision 6.

(b) The commissioner must give notice as provided in subdivision 2, hold a hearing
on the application, and make a determination on issuing or denying the permit as though
the previous order had not been made.

(c) The order issuing or denying the permit becomes final at the end of 30 days after
mailed notice of the order to the applicant, the managers of the watershed district, the
board of supervisors of the soil and water conservation district, or the deleted text beginmayordeleted text endnew text begin governing
body
new text end of the municipality, and an appeal of the order may not be taken if:

(1) the commissioner waives a hearing and a demand for a hearing is not made; or

(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

Sec. 28.

Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginAuthorizationdeleted text endnew text begin Issuance; validitynew text end.

(a) The commissioner may issue
permits, with or without a fee, to:

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;

(2) transplant aquatic plants into public waters;

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.

(b) Application for a permit must be accompanied by a permit fee, if required.

new text begin (c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.
new text end

Sec. 29.

Minnesota Statutes 2010, section 103G.615, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Invasive aquatic plant management permit. new text end

new text begin (a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
the invasive aquatic plant.
new text end

new text begin (b) The commissioner may waive the dated signature of approval requirement in
rules of the Department of Natural Resources for invasive aquatic plant management
permits if obtaining signatures would create an undue burden on the permittee or if
the commissioner determines that aquatic plant control is necessary to protect natural
resources.
new text end

new text begin (c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in
a local newspaper, a public meeting, or a mailing to the most recent permanent address
of affected landowners. The notification must be given annually and must include: the
proposed date of treatment, the target species, the method of control or product being
used, and instructions on how the landowner may request that control not occur adjacent
to the landowner's property.
new text end

new text begin (d) The commissioner may allow dated signatures of approval obtained for an
invasive aquatic plant management permit to satisfy rules of the Department of Natural
Resources to remain valid for three years if property ownership remains unchanged.
new text end

Sec. 30. new text beginTEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
SPECIES RULES DECAL.
new text end

new text begin A violation of Minnesota Statutes, section 86B.508, prior to August 1, 2013, shall
not result in a penalty, but is punishable only by a warning.
new text end

Sec. 31. new text beginAQUATIC INVASIVE SPECIES MANAGEMENT IMPLEMENTATION
COSTS; REPORT.
new text end

new text begin By January 15, 2012, the commissioner of natural resources shall report to the
house of representatives and senate committees with jurisdiction over environment and
natural resources policy and finance on the long-term funding needed to implement and
enforce Minnesota Statutes, chapter 84D, including recommendations on the appropriate
amount of the watercraft surcharge.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 84D.02, subdivision 4, new text end new text begin is repealed.
new text end

Sec. 33. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 17, 19 to 25, and 27 to 32 are effective June 13, 2011, and apply to
violations committed on or after that date.
new text end