SF 2191

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/11/2014 09:12am

A bill for an act
relating to natural resources; modifying all-terrain vehicle operating restrictions;
providing for certain regulatory efficiencies; modifying use and designation
of forest trails; modifying invasive species provisions; modifying Water
Law; modifying outdoor recreation system provisions; appropriating money;
amending Minnesota Statutes 2012, sections 17.4982, subdivision 18a; 84.027,
subdivisions 12, 13a, 14a; 84.0857; 84.925, subdivision 5; 84.926, subdivision
4; 84D.01, subdivisions 8, 13, 15, 17, 18; 84D.03, as amended; 84D.06;
84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13, subdivision 5;
86A.09; 86A.11; 97C.821; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3;
103G.245, subdivision 2; 103G.615, subdivision 3a; Minnesota Statutes 2013
Supplement, sections 84.027, subdivision 13; 84D.10, subdivision 4; repealing
Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121,
subdivisions 3, 4; 103F.165, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, 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 begin designated deleted text end new text begin listed new text end by rule as a prohibited or regulated invasive species.

Sec. 2.

Minnesota Statutes 2012, section 84.027, subdivision 12, is amended to read:

Subd. 12.

Property disposal; gift acknowledgment; advertising sales.

deleted text begin (a) The
commissioner may give away to members of the public items with a value of less than $50
that are intended to promote conservation of natural resources or create awareness of the
state and its resources or natural resource management programs. The total value of items
given to the public under this paragraph may not exceed $25,000 per year.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end The commissioner may recognize the contribution of money or in-kind
services on plaques, signs, publications, audio-visual materials, and media advertisements
by allowing the organization's contribution to be acknowledged in print of readable size.

deleted text begin (c) deleted text end new text begin (b) new text end The commissioner may accept paid advertising for departmental publications.
Advertising revenues received are appropriated to the commissioner to be used to
defray costs of publications, media productions, or other informational materials. The
commissioner may not accept paid advertising from any elected official or candidate
for elective office.

Sec. 3.

Minnesota Statutes 2013 Supplement, 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 begin designate deleted text end new text begin list new text end prohibited invasive species, regulated invasive
species, unregulated nonnative species, and infested 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. 4.

Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:

Subd. 13a.

Game and fish expedited permanent rules.

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 begin designate deleted text end new text begin list new text end prohibited invasive species, regulated invasive
species, and unregulated nonnative species.

Sec. 5.

Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:

Subd. 14a.

Permitting efficiency.

(a) It is the goal of the state that environmental
and resource management permits be issued or denied within 150 days of the submission
of a permit application. The commissioner of natural resources shall establish management
systems designed to achieve the goal.

(b) The commissioner shall prepare deleted text begin semiannual deleted text end new text begin a new text end permitting efficiency deleted text begin reports
deleted text end new text begin report new text end that deleted text begin include deleted text end new text begin includes new text end statistics on meeting the goal in paragraph (a). The deleted text begin reports
are deleted text end new text begin report is new text end due deleted text begin February 1 and deleted text end August 1 each year. For permit applications that have
not met the goal, the report must state the reasons for not meeting the goal. In stating the
reasons for not meeting the goal, the commissioner shall separately identify delays caused
by the responsiveness of the proposer, lack of staff, scientific or technical disagreements,
or the level of public engagement. The report must specify the number of days from
initial submission of the application to the day of determination that the application is
complete. The report deleted text begin for August 1 each year deleted text end must aggregate the data for the year and
assess whether program or system changes are necessary to achieve the goal. The report
must be posted on the department's Web site and submitted to the governor and the chairs
and ranking minority members of the house of representatives and senate committees
having jurisdiction over natural resources policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

(d) Beginning July 1, 2011, within 30 business days of application for a permit subject
to paragraph (a), the commissioner of natural resources shall notify the project proposer,
in writing, whether the application is complete or incomplete. If the commissioner
determines that an application is incomplete, the notice to the applicant must enumerate
all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
the applicant on how the deficiencies can be remedied. This paragraph does not apply to
an application for a permit that is subject to a grant or loan agreement under chapter 446A.

Sec. 6.

Minnesota Statutes 2012, section 84.0857, is amended to read:

84.0857 FACILITIES MANAGEMENT ACCOUNT.

(a) The commissioner of natural resources may bill organizational units within
the Department of Natural Resources and other governmental units, including tribal
governments, for the costs of providing them with building and infrastructure facilities.
Costs billed may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance, repair, and
other direct costs as determined by the commissioner. Receipts shall be credited to a
special account in the state treasury and are appropriated to the commissioner to pay the
costs for which the billings were made.

(b) Money deposited in the special account from the proceeds of a sale under section
94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.

new text begin (c) The commissioner of natural resources may bill organizational units within
the Department of Natural Resources and other governmental units, including tribal
governments, for the costs of operating facilities. Receipts shall be credited to a special
account in the state treasury and are appropriated to the commissioner to pay the costs
for which the billings were made.
new text end

Sec. 7.

Minnesota Statutes 2012, section 84.925, subdivision 5, is amended to read:

Subd. 5.

Training requirements.

(a) An individual who was born after July 1,
1987, and who is deleted text begin 16 deleted text end new text begin 18 new text end years of age or older, must successfully complete the independent
study course component of all-terrain vehicle safety training before operating an all-terrain
vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.

(b) An individual who is convicted of violating a law related to the operation of an
all-terrain vehicle must successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(c) An individual who is convicted for a second or subsequent excess speed, trespass,
or wetland violation in an all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully complete the independent
study and the testing and operating course components of all-terrain vehicle safety training
before continuing operation of an all-terrain vehicle.

(d) An individual who receives three or more citations and convictions for violating a
law related to the operation of an all-terrain vehicle in a two-year period must successfully
complete the independent study and the testing and operating course components of
all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.

(e) An individual must present evidence of compliance with this subdivision before
an all-terrain vehicle registration is issued or renewed.

Sec. 8.

Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:

Subd. 4.

Off-road and all-terrain vehicles; limited or managed forests; trails.

Notwithstanding section 84.777, but subject to the commissioner's authority under
subdivision 5, on state forest lands classified as limited or managed, other than the Richard
J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
168 or section 84.798 or 84.922, including class 2 all-terrain vehicles, new text begin on forest trails
designated for off-road vehicle use and new text end on forest trails that are not designated for a
specific use when:

(1) hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;

(2) retrieving big game in September, when in possession of a valid big game
hunting license;

(3) tending traps during an open trapping season for protected furbearers, when in
possession of a valid trapping license; or

(4) trapping minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license.

Sec. 9.

Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:

Subd. 8.

Infested waters.

"Infested waters" means waters of the state deleted text begin designated
deleted text end new text begin listed new text end by the commissioner under sections 84D.03, subdivision 1, and 84D.12.

Sec. 10.

Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:

Subd. 13.

Prohibited invasive species.

"Prohibited invasive species" means a
nonnative species that has been deleted text begin designated deleted text end new text begin listed new text end as a prohibited invasive species in a rule
adopted by the commissioner under section 84D.12.

Sec. 11.

Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:

Subd. 15.

Regulated invasive species.

"Regulated invasive species" means a
nonnative species that has been deleted text begin designated deleted text end new text begin listed new text end as a regulated invasive species in a rule
adopted by the commissioner under section 84D.12.

Sec. 12.

Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:

Subd. 17.

Unlisted nonnative species.

"Unlisted nonnative species" means a
nonnative species that has not been deleted text begin designated deleted text end new text begin listed new text end as a prohibited invasive species, a
regulated invasive species, or an unregulated nonnative species in a rule adopted by the
commissioner under section 84D.12.

Sec. 13.

Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:

Subd. 18.

Unregulated nonnative species.

"Unregulated nonnative species" means
a nonnative species that has been deleted text begin designated deleted text end new text begin listed new text end as an unregulated nonnative species in
a rule adopted by the commissioner under section 84D.12.

Sec. 14.

Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter
121, section 10, is amended to read:

84D.03 INFESTED WATERS; RESTRICTED ACTIVITIES.

Subdivision 1.

Infested waters; restricted activities.

(a) The commissioner shall
deleted text begin designate deleted text end new text begin list new text end a water of the state as an infested water if the commissioner determines that:

(1) the water contains a population of an aquatic invasive species that could spread
to other waters if use of the water and related activities are not regulated to prevent this; or

(2) the water is highly likely to be infested by an aquatic invasive species because it
is connected to a water that contains a population of an aquatic invasive species.

(b) When determining which invasive species comprise infested waters, the
commissioner shall consider:

(1) the extent of a species distribution within the state;

(2) the likely means of spread for a species; and

(3) whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.

(c) The presence of common carp and curly-leaf pondweed shall not be the basis
for deleted text begin designating deleted text end new text begin listing new text end a water as infested.

(d) The deleted text begin designation of infested waters by the deleted text end commissioner shall deleted text begin be by written
order published in the State Register deleted text end new text begin maintain a list of infested waters and provide access
to a copy of the listed waters new text end . deleted text begin Designations deleted text end new text begin Listings new text end are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.

Subd. 3.

Bait harvest from infested waters.

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

(b) In waters that are deleted text begin designated deleted text end new text begin listed new text end as infested waters, except those deleted text begin designated
deleted text end new text begin listed new text end because they contain prohibited invasive species of fish or certifiable diseases of fish,
as defined under section 17.4982, subdivision 6, taking 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;

(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are deleted text begin designated deleted text end new text begin listed new text end 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; and

(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
suckers for bait from streams or rivers deleted text begin designated deleted text end new text begin listed new text end as infested waters, by hook and
line for noncommercial personal use. Other provisions that apply to this clause are:

(i) fish taken under this clause must be used on the same body of water where caught
and while still on that water body;

(ii) fish taken under this clause may not be transported live from or off the water body;

(iii) fish harvested under this clause may only be used in accordance with this section;

(iv) any other use of wild animals used for bait from infested waters is prohibited;

(v) fish taken under this clause must meet all other size restrictions and requirements
as established in rules; and

(vi) all species listed under this clause shall be included in the person's daily limit as
established in rules, if applicable.

(c) Equipment authorized for minnow harvest in a deleted text begin designated deleted text end new text begin listed new text end 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.

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 deleted text begin designated deleted text end new text begin listed new text end 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 an infested water deleted text begin designated deleted text end new text begin listed new text end because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets,
traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
crayfish harvesting in waters deleted text begin designated deleted text end new text begin listed new text end 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 permit. This tagging
requirement does not apply to commercial fishing equipment used in Lake Superior.

(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 deleted text begin designated deleted text end new text begin listed new text end 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 deleted text begin designated deleted text end new text begin listed new text end 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 deleted text begin designated deleted text end new text begin listed new text end as infested solely
because it contains Eurasian water milfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment before placing the equipment into waters of the state.

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

Sec. 15.

Minnesota Statutes 2012, section 84D.06, is amended to read:

84D.06 UNLISTED NONNATIVE SPECIES.

Subdivision 1.

Process.

A person may not introduce an unlisted nonnative aquatic
plant or wild animal species unless:

(1) the person has notified the commissioner in a manner and form prescribed by
the commissioner;

(2) the commissioner has made the classification determination required in
subdivision 2 and deleted text begin designated deleted text end new text begin listed new text end the species as appropriate; and

(3) the introduction is allowed under the applicable provisions of this chapter.

Subd. 2.

Classification.

(a) If the commissioner determines that a species for which
a notification is received under subdivision 1 should be classified as a prohibited invasive
species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, deleted text begin designating deleted text end new text begin listing new text end the species
as a prohibited invasive species; and

(2) notify the person from which the notification was received that the species is
subject to section 84D.04.

(b) If the commissioner determines that a species for which a notification is
received under subdivision 1 should be classified as an unregulated nonnative species,
the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, deleted text begin designating deleted text end new text begin listing new text end the species
as an unregulated nonnative species; and

(2) notify the person from which the notification was received that the species is not
subject to regulation under this chapter.

(c) If the commissioner determines that a species for which a notification is received
under subdivision 1 should be classified as a regulated invasive species, the commissioner
shall notify the applicant that the species is subject to the requirements in section 84D.07.

Sec. 16.

Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:

Subd. 3.

Removal and confinement.

(a) A conservation officer or other licensed
peace officer may order:

(1) the removal of aquatic macrophytes or prohibited invasive species from
water-related equipment before it is placed into waters of the state;

(2) confinement of the water-related equipment at a mooring, dock, or other location
until the water-related equipment is removed from the water;

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

(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.

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

Sec. 17.

Minnesota Statutes 2013 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, portable bait containers
when fishing through the ice except on waters deleted text begin designated deleted text end new text begin listed new text end 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. 18.

Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:

Subd. 2a.

Harvest of bait from infested waters.

(a) The commissioner may issue a
permit to allow the harvest of bait:

(1) from waters that are deleted text begin designated deleted text end new text begin listed new text end as infested waters, except those deleted text begin designated
deleted text end new text begin listed new text end because they contain prohibited invasive species of fish or certifiable diseases of fish
as defined in section 17.4982, subdivision 6; and

(2) from infested waters as allowed under section 97C.341, paragraph (c).

The permit shall include conditions necessary to avoid spreading aquatic invasive
species.

(b) Before receiving a permit, or working for a permittee, a person annually
must satisfactorily complete aquatic invasive species-related training provided by the
commissioner.

Sec. 19.

Minnesota Statutes 2012, section 84D.12, is amended to read:

84D.12 RULES.

Subdivision 1.

Required rules.

The commissioner shall adopt rules:

(1) deleted text begin designating deleted text end new text begin listing new text end prohibited invasive species, regulated invasive species, and
unregulated nonnative species of aquatic plants and wild animals;

(2) governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and

(3) governing notification under section 84D.08.

Subd. 2.

Authorized rules.

The commissioner may adopt rules:

(1) regulating the possession, importation, purchase, sale, propagation, transport,
and introduction of invasive species of aquatic plants and wild animals; and

(2) regulating the appropriation, use, and transportation of water from new text begin listed new text end infested
waters.

Subd. 3.

Expedited rules.

The commissioner may adopt rules under section 84.027,
subdivision 13, that deleted text begin designate deleted text end new text begin list new text end :

(1) prohibited invasive species of aquatic plants and wild animals;

(2) regulated invasive species of aquatic plants and wild animals; and

(3) unregulated nonnative species of aquatic plants and wild animals.

Sec. 20.

Minnesota Statutes 2012, 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 deleted text begin designated deleted text end new text begin listed new text end 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 water milfoil, $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; and

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

(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. 21.

Minnesota Statutes 2012, section 86A.09, is amended to read:

86A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.

Subdivision 1.

Master plan required.

No construction of new facilities or other
development of an authorized unit, other than repairs and maintenance, shall commence
until the managing agency has prepared deleted text begin and submitted to the commissioner of natural
resources and the commissioner has reviewed, pursuant to this section, deleted text end a master plan for
administration of the unit in conformity with this section. No master plan is required for
wildlife management areas that do not have resident managers, for scientific and natural
areas, for water access sites, for aquatic management areas, for rest areas, or for boater
waysides.

Subd. 2.

Master plan; preparation and deleted text begin content deleted text end new text begin public review new text end .

The managing
agency shall supervise preparation of the master plan and shall utilize the professional
staffs of any agency of the state when the expertise of the staff of such agency is necessary
to adequately prepare the master plan; the master plan shall present the information in
a format and detail that is appropriate to the size and complexity of the authorized unit.
When the master plan has been completed the managing agency shall announce to the
public in a manner reasonably designed to inform interested persons that the master plan is
available for public review and in the case of any major unit shall hold at least one public
deleted text begin hearing deleted text end new text begin meeting new text end on the plan in the vicinity of the unit. The managing agency shall make
the master plan available for review and comment by the public and other state agencies
for at least 30 days deleted text begin following the announcement and deleted text end before deleted text begin submitting the master plan to
the commissioner of natural resources. Copies of the plan shall be provided to members of
the Outdoor Recreation Advisory Council and to any other person on request deleted text end new text begin approval new text end .

Subd. 3.

Master plan deleted text begin ; review and approval deleted text end new text begin content new text end .

All master plans required
by this section shall deleted text begin be submitted to the commissioner of natural resources for review
pursuant to this subdivision. The commissioner of natural resources shall review the
master plan to determine whether the plan: (a) provides deleted text end new text begin :
new text end

new text begin (1) provide new text end for administration of the unit in a manner that is consistent with the
purposes for which the unit was authorized and with the principles governing the
administration of the unit, as specified in section 86A.05 and the statutes relating to each
type of unit; new text begin and
new text end

deleted text begin (b) recognizes deleted text end new text begin (2) recognize new text end values and resources within the unit that are primarily
the responsibility of another managing agency to protect or develop deleted text begin , deleted text end and deleted text begin provides deleted text end new text begin provide
new text end for their protection or development either through a cooperative agreement with the other
managing agency or through designation of the appropriate area as a secondary unit. deleted text begin In
reviewing any master plan, the commissioner of natural resources shall consult with
other state agencies. Within 60 days after receiving the master plan, the commissioner of
natural resources shall notify the managing agency that the plan has been reviewed and
forward its recommendations for any changes it might suggest. The managing agency
shall review the recommendations and notify the commissioner of natural resources of the
disposition made of them. Failure to comment on a master plan within the time specified
shall be considered approval of the plan by the commissioner of natural resources. If the
commissioner of natural resources feels that the master plan still fails significantly to
comply with this subdivision, the commissioner may request review of the master plan by
the governor. In that event review shall not be deemed completed until after the master
plan has been approved by the governor or 60 days have elapsed without action by the
governor to approve or reject the plan, whichever occurs first.
deleted text end

Subd. 4.

Development.

Construction of necessary facilities and other development
of the unit shall commence as soon as practicable deleted text begin after review of the master plan by the
commissioner of natural resources, and the governor if requested deleted text end , and shall be carried out
in conformity with the master plan.

Subd. 5.

Establishment.

When, in the opinion of the managing agency,
acquisition and development of the unit are sufficiently complete to permit operation and
administration of the unit in substantial conformity with the master plan as approved, the
managing agency shall declare the unit established and ready for use.

new text begin Subd. 6. new text end

new text begin Master plan amendment. new text end

new text begin The managing agency shall prepare an
amendment to a master plan to address changes proposed for a unit that would vary
from the approved master plan. The master plan amendment shall address the impacts
of the proposed changes to the natural and cultural resources, interpretive services,
recreational opportunities, and administrative activities at the unit. The master plan
amendment supersedes the master plan for those areas addressed by the amendment. The
managing agency shall hold a public meeting for master plan amendments that constitute a
significant change in public use or access to the unit or that may be controversial. Public
notice and approval of the master plan amendment shall follow the process described in
subdivision 2. Construction of necessary facilities and other development of the unit shall
commence as soon as practicable after the master plan amendment is adopted.
new text end

Sec. 22.

Minnesota Statutes 2012, section 86A.11, is amended to read:

86A.11 REGISTRY OF UNITS.

The commissioner of natural resources new text begin and the director of the Minnesota Historical
Society new text end shall new text begin each new text end compile and maintain a current registry of the name, location, size,
and description of all units of the outdoor recreation system under deleted text begin the commissioner's
jurisdiction and under the jurisdiction of the Minnesota Historical Society and the
commissioner of transportation. The commissioner of natural resources deleted text end new text begin their respective
jurisdictions, and new text end shall publish and distribute the information contained in the registry in
a form and manner suitable to assist persons wishing to use these units. deleted text begin The Minnesota
Historical Society and the commissioner of transportation shall cooperate with and assist
the commissioner of natural resources in preparing and distributing the registry.
deleted text end

Sec. 23.

Minnesota Statutes 2012, section 97C.821, is amended to read:

97C.821 POSSESSION, SALE, AND TRANSPORTATION OF
COMMERCIAL FISH.

Subject to the applicable provisions of the game and fish laws, fish taken under
commercial fishing licenses may be possessed in any quantity, bought, sold, and
transported at any time. Commercial fishing licensees may transport their catch live to
holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
licensees may harvest fish from their holding facilities at any time with their licensed gear.
The commissioner may prohibit the transport of live fish taken under a commercial fishing
license from waters that contain nonnative species, are deleted text begin designated deleted text end new text begin listed new text end as infested waters,
or are infected with any certifiable disease.

Sec. 24.

Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:

Subd. 2.

Adoption procedure.

(a) The commissioner, upon determining that
sufficient technical information is available for the delineation of floodplains and
floodways on a watercourse, deleted text begin shall deleted text end new text begin may new text end notify affected local governmental units that
technical information is available. deleted text begin Within six months after receiving this notice, deleted text end The local
governmental units shall prepare or amend their floodplain management ordinances in
conformance with the provisions of sections 103F.101 to 103F.155 and shall submit the
ordinance to the commissioner for review and approval before adoption.

(b) The commissioner shall approve or disapprove the proposed ordinance within
120 days after receiving it.

(c) If the proposed ordinance is disapproved, the commissioner shall return it to the
local governmental unit with a written statement of reasons for disapproval. Within 90
days after disapproval, the local governmental unit shall resubmit an amended proposed
ordinance for further review and approval before adoption. The local governmental unit
shall adopt a floodplain management ordinance within 90 days after approval by the
commissioner.

(d) A floodplain management ordinance adopted by a local governmental unit is
invalid unless it is approved by the commissioner.

(e) A local governmental unit may adopt a floodplain management ordinance in the
absence of notification by the commissioner that the required technical data is available,
provided that any such ordinance is submitted to the commissioner prior to its adoption
for approval.

(f) A local governmental unit may adopt a floodplain management ordinance that is
more restrictive than required under sections 103F.101 to 103F.155.

(g) Floodplain management ordinances may be amended by a local governmental
unit upon the approval of the commissioner.

Sec. 25.

Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Major deleted text end Alterations and hazardous uses prohibited.

(a) If a floodplain
has been delineated by a floodplain management ordinance under sections 103F.101
to 103F.155, deleted text begin a major deleted text end alteration to a structure in existence on the effective date of the
ordinance or a new fill, structure, deposit, or other floodplain use that is deleted text begin unreasonably
hazardous to the public or that unduly restricts the capacity of the floodplain to carry and
discharge a regional flood deleted text end new text begin not in accordance with the local governmental unit's adopted
floodplain management ordinance new text end may not be permitted after the effective date of the
ordinance delineating the floodplain.

deleted text begin (b) As used in this subdivision, major alterations of existing structures do not include
repair or maintenance and do not include repairs, maintenance, or alterations to structures
made under the authority of another authorized agency of the state or federal government.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end This subdivision does not apply to alterations, repair, or maintenance
reasonably done under emergency circumstances to preserve or protect life deleted text begin or property deleted text end .

deleted text begin (d) deleted text end new text begin (c) new text end This subdivision applies to alterations to existing structures and to new fill,
structures, deposits, or other floodplain uses by the state and state agencies.

Sec. 26.

Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:

Subd. 3.

Application for flood insurance.

deleted text begin Within 120 days deleted text end After receiving notice
deleted text begin of inclusion on the amended list, deleted text end new text begin from the commissioner or the Federal Emergency
Management Agency that flood hazard areas have been identified, new text end each local governmental
unit deleted text begin shall deleted text end new text begin is encouraged to new text end apply for participation in the national flood insurance program
in the manner prescribed by federal laws and regulations.

Sec. 27.

Minnesota Statutes 2012, section 103G.245, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

A public waters work permit is not required for:

(1) work in altered natural watercourses that are part of drainage systems established
under chapter 103D or 103E if the work in the waters is undertaken according to chapter
103D or 103E; new text begin or
new text end

(2) a drainage project for a drainage system established under chapter 103E that does
not substantially affect public waters deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) removal of debris, including logs that are at or near the water surface, dead
trees and branches, and trash, that does not alter the original alignment, slope, or cross
section of the waters.
deleted text end

Sec. 28.

Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:

Subd. 3a.

Invasive aquatic plant management permit.

(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 deleted text begin at a scale deleted text end to cause a significant deleted text begin lakewide or baywide deleted text end reduction in the abundance of
the invasive aquatic plant.

(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.

(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.

(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.

Sec. 29. new text begin MINNESOTA RIVER VALLEY; MASTER PLAN.
new text end

new text begin The commissioner of natural resources shall develop a master plan in accordance
with Minnesota Statutes, section 86A.09, to conserve the natural and cultural resources of
the Minnesota River Valley area in Redwood and Renville Counties and to provide for the
shared use, enjoyment, and understanding of these resources through a broad selection
of outdoor recreational opportunities and recreational travel routes that connect units of
the outdoor recreation system in the river valley. The plan shall address the impacts
to the natural and cultural resources, interpretive services, recreational opportunities,
and administrative activities in the area and also provide recommendations on the unit
designation of the area under the Outdoor Recreation Act.
new text end

Sec. 30. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall delete the term in column A and insert the term in
column B in Minnesota Rules, parts 6216.0100, 6216.0250, 6216.0260, 6216.0270,
6216.0290, 6216.0300, 6216.0400, 6216.0500, and 6260.0300.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin designate new text end	new text begin list new text end
	new text begin designated new text end	new text begin listed new text end
	new text begin designation new text end	new text begin listing new text end
	new text begin designating new text end	new text begin listing new text end

Sec. 31. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121,
subdivisions 3 and 4; and 103F.165, subdivision 2, new text end new text begin are repealed.
new text end