Minnesota Legislature
SF 1928
as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 12:53pm
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A bill for an act
relating to waters; modifying aquatic invasive species provisions; providing civil
penalties; amending Minnesota Statutes 2011 Supplement, sections 84D.10,
subdivision 4; 84D.105, subdivision 2; 84D.13, subdivision 5; 97C.341;
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 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 farmsnew text begin , portable bait containers
when fishing through the ice except on waters designated infested for viral hemorrhagic
septicemia,new text end 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. 2.
Minnesota Statutes 2011 Supplement, section 84D.105, subdivision 2, is
amended to read:
Subd. 2.
Inspector authority.
(a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water.new text begin The commissioner may delegate inspection authority as provided
under paragraphs (b), (g), and (h) to tribal and local governments that assume all legal,
financial, and administrative responsibilities for inspection programs on public waters
within their jurisdiction.
new text end
(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.
(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-related 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.
(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 begin
(e) Conservation officers or other licensed peace officers may order water-related
equipment to be removed from a water body if the commissioner determines such action is
needed to implement aquatic invasive species control measures.
new text end
new text begin
(f) The commissioner may require mandatory inspections of water-related equipment
before a person places the water-related equipment into a water body. Inspection stations
may be located at or near public water accesses or in locations that allow for servicing
multiple water bodies. The commissioner shall ensure that inspection stations:
new text end
new text begin
(1) have adequate staffing to minimize delays to vehicles and their occupants;
new text end
new text begin
(2) allow for reasonable travel times between public accesses and inspection stations
if inspection is required before placing water-related equipment into a water body;
new text end
new text begin
(3) are located so as not to create traffic delays or public safety issues;
new text end
new text begin
(4) have decontamination equipment available to bring water-related equipment
into compliance; and
new text end
new text begin
(5) do not reduce the capacity or hours of operation of public water accesses.
new text end
new text begin
(g) The commissioner may authorize tribal and local governments to conduct
mandatory inspections of water-related equipment at specified locations within a defined
area before a person places the water-related equipment into a water body. Tribal and local
governments that are authorized to conduct inspections under this paragraph must:
new text end
new text begin
(1) assume all legal, financial, and administrative responsibilities for implementing
the mandatory inspections, alone or in agreement with other tribal or local governments;
new text end
new text begin
(2) employ inspectors that have been trained and authorized by the commissioner;
new text end
new text begin
(3) conduct inspections and decontamination measures in accordance with guidelines
approved by the commissioner;
new text end
new text begin
(4) have decontamination equipment available at inspection stations to bring
water-related equipment into compliance;
new text end
new text begin
(5) provide for inspection station locations that do not create traffic delays or public
safety issues; and
new text end
new text begin
(6) submit a plan approved by the commissioner according to paragraph (h).
new text end
new text begin
(h) Plans required under paragraph (g) must address:
new text end
new text begin
(1) no reduction in capacity or hours of operation of public accesses and fees that
do not discourage or limit use;
new text end
new text begin
(2) reasonable travel times between public accesses and inspection stations;
new text end
new text begin
(3) adequate staffing to minimize wait times and provide adequate hours of operation
at inspection stations and public accesses;
new text end
new text begin
(4) adequate enforcement capacity;
new text end
new text begin
(5) measures to address inspections of water-related equipment at public water
accesses for commercial entities and private riparian land owners; and
new text end
new text begin
(6) other elements as required by the commissioner to ensure statewide consistency,
appropriate inspection and decontamination protocols, and protection of the state's
resources, public safety, and access to public waters.
new text end
new text begin
(i) A government unit authorized to conduct inspections under this subdivision must
submit an annual report to the commissioner summarizing the results and issues related
to implementing the inspection program.
new text end
Sec. 3.
Minnesota Statutes 2011 Supplement, section 84D.13, subdivision 5, is
amended to read:
Subd. 5.
Civil penalties.
new text begin (a) new text end A 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 end new 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 end new 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 end new 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 begin for 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) fornew text begin failing to have drain plugs or similar devices removed or opened while
transporting water-related equipment or fornew 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 end new 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. 4.
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 to
provide training and testing services under this section.
new text end
Sec. 5.
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. 6.
Minnesota Statutes 2011 Supplement, section 97C.341, is amended to read:
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait. The commissioner may, by written order published in
the State Register, authorize use of game fish eggs as bait and prescribe restrictions on
their use. The order is exempt from the rulemaking provisions of chapter 14 and section
14.386 does not apply.
(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being presentdeleted text begin ,deleted text end new text begin : (1)
unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner; or (2)new text end except as provided in paragraph
(c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians,
invertebrates, and insects used for taking wild animals in waters of the state.
(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may
be used as:
(1) fresh or frozen bait only on Lake Superior; or
(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a
manner prescribed by rules adopted by the commissioner.
(d) To ensure that frozen or dead fish being brought into the state are not in violation
of paragraph (b), the following paperwork must accompany the shipment. Documents
must be open for inspection by the commissioner at any reasonable time. All documents
must be available to purchasers of these bait items. Each container or package of frozen or
dead fish must have the following information:
(1) water body source;
(2) lot number;
(3) company contact including name, phone, and address;
(4) date of packaging and labeling; and
(5) valid negative fish health certification from the source water body.