4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to exotic species; recodifying, modifying, 1.3 and expanding provisions relating to regulation and 1.4 management of harmful exotic species; authorizing 1.5 rulemaking; providing penalties; amending Minnesota 1.6 Statutes 1994, sections 97A.105, subdivision 1; 1.7 97A.211, subdivisions 1 and 2; Minnesota Statutes 1995 1.8 Supplement, sections 84.027, subdivision 13; 97A.205; 1.9 and 97A.221, subdivision 1; proposing coding for new 1.10 law as Minnesota Statutes, chapter 84D; repealing 1.11 Minnesota Statutes 1994, sections 84.966; 84.967; 1.12 84.968, subdivision 2; 84.969; 84.9692, subdivisions 1.13 3, 4, 5, and 6; and 103G.617; Minnesota Statutes 1995 1.14 Supplement, sections 18.316; 18.317; 84.968, 1.15 subdivision 1; 84.9691; 84.9692, subdivisions 1, 1a, 1.16 and 2; and 86B.401, subdivision 11. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 ARTICLE 1 1.19 HARMFUL EXOTIC SPECIES 1.20 Section 1. [84D.01] [DEFINITIONS.] 1.21 Subdivision 1. [TERMS.] For the purposes of this chapter, 1.22 the following terms have the meanings given them. 1.23 Subd. 2. [AQUATIC MACROPHYTE.] "Aquatic macrophyte" means 1.24 a nonwoody plant, either a submerged, floating leafed, floating, 1.25 or emergent plant that naturally grows in water or hydric soils. 1.26 Subd. 3. [COMMISSIONER.] "Commissioner" means the 1.27 commissioner of the department of natural resources. 1.28 Subd. 4. [DEPARTMENT.] "Department" means the department 1.29 of natural resources. 1.30 Subd. 5. [EXOTIC SPECIES.] "Exotic species" means a wild 1.31 animal species or aquatic plant species that is not a native 2.1 species. 2.2 Subd. 6. [EURASIAN WATER MILFOIL.] "Eurasian water milfoil" 2.3 means Myriophyllum spicatum. 2.4 Subd. 7. [HARMFUL EXOTIC SPECIES.] "Harmful exotic 2.5 species" means an exotic species that can naturalize and either: 2.6 (1) causes or may cause displacement of, or otherwise 2.7 threaten, native species in their natural communities; or 2.8 (2) threatens or may threaten natural resources or their 2.9 use in the state. 2.10 Subd. 8. [INFESTED WATERS.] "Infested waters" means waters 2.11 of the state designated by the commissioner under sections 2.12 84D.03, subdivision 1, and 84D.12. 2.13 Subd. 9. [INTRODUCTION.] "Introduction" means the release 2.14 or escape of an exotic species into a free-living state. 2.15 Subd. 10. [LIMITED INFESTATION OF EURASIAN WATER 2.16 MILFOIL.] "Limited infestation of Eurasian water milfoil" means 2.17 a body of water designated by the commissioner under sections 2.18 84D.03, subdivision 2, and 84D.12. 2.19 Subd. 11. [NATIVE SPECIES.] "Native species" means an 2.20 animal or plant species naturally present and reproducing within 2.21 this state or that naturally expands from its historic range 2.22 into this state. 2.23 Subd. 12. [NATURALIZE.] "Naturalize" means to establish a 2.24 self-sustaining population of exotic species in the wild outside 2.25 of its natural range. 2.26 Subd. 13. [PROHIBITED EXOTIC SPECIES.] "Prohibited exotic 2.27 species" means a harmful exotic species that has been designated 2.28 as a prohibited exotic species in a rule adopted by the 2.29 commissioner under section 84D.12. 2.30 Subd. 14. [PURPLE LOOSESTRIFE.] "Purple loosestrife" means 2.31 Lythrum salicaria, Lythrum virgatum, or combinations thereof. 2.32 Subd. 15. [REGULATED EXOTIC SPECIES.] "Regulated exotic 2.33 species" means a harmful exotic species that has been designated 2.34 as a regulated exotic species in a rule adopted by the 2.35 commissioner under section 84D.12. 2.36 Subd. 16. [TRANSPORT.] "Transport" means to cause or 3.1 attempt to cause a species to be carried or moved into or within 3.2 the state, and includes accepting or receiving the species for 3.3 transportation or shipment. Transport does not include the 3.4 unintentional transport of a species within a water of the state 3.5 or to a connected water of the state where the species being 3.6 transported is already present. 3.7 Subd. 17. [UNLISTED EXOTIC SPECIES.] "Unlisted exotic 3.8 species" means an exotic species that has not been designated as 3.9 a prohibited exotic species, a regulated exotic species, or an 3.10 unregulated exotic species in a rule adopted by the commissioner 3.11 under section 84D.12. 3.12 Subd. 18. [UNREGULATED EXOTIC SPECIES.] "Unregulated 3.13 exotic species" means an exotic species that has been designated 3.14 as an unregulated exotic species in a rule adopted by the 3.15 commissioner under section 84D.12. 3.16 Subd. 19. [WATERCRAFT.] "Watercraft" means a contrivance 3.17 used or designed for navigation on water and includes seaplanes. 3.18 Subd. 20. [WATERS OF THE STATE.] "Waters of the state" has 3.19 the meaning given in section 97A.015, subdivision 54. 3.20 Subd. 21. [WILD ANIMAL.] "Wild animal" means a living 3.21 creature, not human, wild by nature, endowed with sensation and 3.22 power of voluntary motion. 3.23 Subd. 22. [ZEBRA MUSSEL.] "Zebra mussel" means a species 3.24 of the genus Dreissena. 3.25 Sec. 2. [84D.02] [HARMFUL EXOTIC SPECIES MANAGEMENT 3.26 PROGRAM.] 3.27 Subdivision 1. [ESTABLISHMENT.] The commissioner shall 3.28 establish a statewide program to prevent and curb the spread of 3.29 harmful exotic species. The program must provide for 3.30 coordination among governmental entities and private 3.31 organizations to the extent practicable. The commissioner shall 3.32 seek available federal funding and grants for the program. 3.33 Subd. 2. [PURPLE LOOSESTRIFE AND EURASIAN WATER MILFOIL 3.34 PROGRAMS.] (a) The program required in subdivision 1 must 3.35 include specific programs to curb the spread and manage the 3.36 growth of purple loosestrife and Eurasian water milfoil. These 4.1 programs must include: 4.2 (1) compiling inventories and monitoring the growth of 4.3 purple loosestrife and Eurasian water milfoil in the state, for 4.4 which the commissioner may use volunteers; 4.5 (2) publication and distribution of informational materials 4.6 to boaters and lakeshore owners; 4.7 (3) cooperative research with the University of Minnesota 4.8 and other public and private research facilities to study the 4.9 use of nonchemical control methods, including biological control 4.10 methods; and 4.11 (4) managing the growth of Eurasian water milfoil and 4.12 purple loosestrife in coordination with appropriate local units 4.13 of government, special purpose districts, and lakeshore 4.14 associations, to include providing requested technical 4.15 assistance. 4.16 (b) The commissioners of agriculture and transportation 4.17 shall cooperate with the commissioner to establish, implement, 4.18 and enforce the purple loosestrife program. 4.19 Subd. 3. [MANAGEMENT PLAN.] By July 1, 1997, the 4.20 commissioner shall prepare a long-term plan, which may include 4.21 specific plans for individual species, for the statewide 4.22 management of harmful exotic species. The plan must address: 4.23 (1) coordinated detection and prevention of accidental 4.24 introductions; 4.25 (2) coordinated dissemination of information about harmful 4.26 exotic species among resource management agencies and 4.27 organizations; 4.28 (3) a coordinated public education and awareness campaign; 4.29 (4) coordinated control of selected harmful exotic species 4.30 on lands and public waters; 4.31 (5) participation by lake associations, local citizen 4.32 groups, and local units of government in the development and 4.33 implementation of local management efforts; 4.34 (6) a reasonable and workable inspection requirement for 4.35 watercraft and equipment including those participating in 4.36 organized events on the waters of the state; 5.1 (7) the closing of points of access to infested waters, if 5.2 the commissioner determines it is necessary, for a total of not 5.3 more than seven days during the open water season for control or 5.4 eradication purposes; 5.5 (8) maintaining public accesses on infested waters to be 5.6 reasonably free of aquatic macrophytes; and 5.7 (9) notice to travelers of the penalties for violation of 5.8 laws relating to harmful exotic species. 5.9 Subd. 4. [INSPECTION OF WATERCRAFT.] The commissioner 5.10 shall authorize personnel to inspect, between May 1 and October 5.11 15 for a minimum of 20,000 hours, watercraft and associated 5.12 equipment, including weed harvesters, that leave or are removed 5.13 from infested waters. 5.14 Subd. 5. [REGIONAL COOPERATION.] The commissioner shall 5.15 seek cooperation with other states and Canadian provinces for 5.16 the purposes of management and control of harmful exotic species. 5.17 Subd. 6. [ANNUAL REPORT.] By January 15 each year, the 5.18 commissioner shall submit a report on harmful exotic species to 5.19 the legislative committees having jurisdiction over 5.20 environmental and natural resource issues. The report must 5.21 include: 5.22 (1) detailed information on expenditures for 5.23 administration, education, management, inspections, and 5.24 research; 5.25 (2) an analysis of the effectiveness of management 5.26 activities conducted in the state, including chemical control, 5.27 harvesting, educational efforts, and inspections; 5.28 (3) information on the participation of other state 5.29 agencies, local government units, and interest groups in control 5.30 efforts; 5.31 (4) information on management efforts in other states; 5.32 (5) information on the progress made in the management of 5.33 each species; and 5.34 (6) an assessment of future management needs. 5.35 Sec. 3. [84D.03] [INFESTED WATERS; LIMITED INFESTATIONS OF 5.36 EURASIAN WATER MILFOIL.] 6.1 Subdivision 1. [INFESTED WATERS.] The commissioner shall 6.2 designate a water of the state as an infested water if the 6.3 commissioner determines that the water contains a harmful exotic 6.4 species that could spread to other waters if use of the water 6.5 and related activities are not regulated to prevent this. 6.6 Subd. 2. [LIMITED INFESTATIONS OF EURASIAN WATER 6.7 MILFOIL.] (a) The commissioner shall designate a water of the 6.8 state as a limited infestation of Eurasian water milfoil if: 6.9 (1) the commissioner determines that Eurasian water milfoil 6.10 occupies less than 20 percent of the littoral area of the water, 6.11 up to a maximum of ten acres; 6.12 (2) mechanical harvesting is not used to manage Eurasian 6.13 water milfoil in the water; and 6.14 (3) Eurasian water milfoil control is planned for the water. 6.15 (b) The commissioner shall mark limited infestations of 6.16 Eurasian water milfoil in accordance with rules adopted by the 6.17 commissioner under section 84D.12. 6.18 (c) Except as provided in rules adopted under section 6.19 84D.12, a person may not enter a marked area of a limited 6.20 infestation of Eurasian water milfoil. 6.21 Sec. 4. [84D.04] [CLASSIFICATION OF EXOTIC SPECIES.] 6.22 Subdivision 1. [CLASSES.] The commissioner shall, as 6.23 provided in this chapter, classify exotic species according to 6.24 the following categories: 6.25 (1) prohibited exotic species, which may not be possessed, 6.26 imported, purchased, sold, propagated, transported, or 6.27 introduced except as provided in section 84D.05; 6.28 (2) regulated exotic species, which may not be introduced 6.29 except as provided in section 84D.07; 6.30 (3) unlisted exotic species, which are subject to the 6.31 classification procedure in section 84D.06; and 6.32 (4) unregulated exotic species, which are not subject to 6.33 regulation under this chapter. 6.34 Subd. 2. [CRITERIA.] The commissioner shall consider the 6.35 following criteria in classifying an exotic species under this 6.36 chapter: 7.1 (1) the likelihood of introduction of the species if it is 7.2 allowed to enter or exist in the state; 7.3 (2) the likelihood that the species would naturalize in the 7.4 state were it introduced; 7.5 (3) the magnitude of potential adverse impacts of the 7.6 species on native species and on outdoor recreation, commercial 7.7 fishing, and other uses of natural resources in the state; 7.8 (4) the ability to eradicate or control the spread of the 7.9 species once it is introduced in the state; and 7.10 (5) other criteria the commissioner deems appropriate. 7.11 Sec. 5. [84D.05] [PROHIBITED EXOTIC SPECIES.] 7.12 Subdivision 1. [PROHIBITED ACTIVITIES.] A person may not 7.13 possess, import, purchase, sell, propagate, transport, or 7.14 introduce a prohibited exotic species, except: 7.15 (1) under a permit issued by the commissioner under section 7.16 84D.11; 7.17 (2) in the case of purple loosestrife, as provided by 7.18 sections 18.75 to 18.88; 7.19 (3) under a restricted species permit issued under section 7.20 17.457; 7.21 (4) when being transported to the department, or another 7.22 destination as the commissioner may direct, in a sealed 7.23 container for purposes of identifying the species or reporting 7.24 the presence of the species; 7.25 (5) when being transported for disposal as part of a 7.26 harvest or control activity under a permit issued by the 7.27 commissioner pursuant to section 103G.615, or as specified by 7.28 the commissioner; 7.29 (6) when the specimen has been lawfully acquired dead and, 7.30 in the case of plant species, all seeds are removed or are 7.31 otherwise secured in a sealed container; 7.32 (7) in the form of herbaria or other preserved specimens; 7.33 (8) when being removed from watercraft and equipment, or 7.34 caught while angling, and immediately returned to the water from 7.35 which they came; or 7.36 (9) as the commissioner may otherwise prescribe by rule. 8.1 Subd. 2. [SEIZURE.] Under section 97A.221, the 8.2 commissioner may seize or dispose of all specimens of prohibited 8.3 exotic species unlawfully possessed, imported, purchased, sold, 8.4 propagated, transported, or introduced in the state. 8.5 Sec. 6. [84D.06] [UNLISTED EXOTIC SPECIES.] 8.6 Subdivision 1. [PROCESS.] After the effective date of the 8.7 rules adopted under section 84D.12, subdivision 1, clause (1), a 8.8 person may not introduce an unlisted exotic species unless: 8.9 (1) the person has notified the commissioner in a manner 8.10 and form prescribed by the commissioner; 8.11 (2) the commissioner has made the classification 8.12 determination required in subdivision 2 and designated the 8.13 species as appropriate; and 8.14 (3) the introduction is allowed under the applicable 8.15 provisions of this chapter. 8.16 Subd. 2. [CLASSIFICATION.] (a) If the commissioner 8.17 determines that a species for which a notification is received 8.18 under subdivision 1 should be classified as a prohibited exotic 8.19 species, the commissioner shall: 8.20 (1) adopt a rule under section 84D.12, subdivision 3, 8.21 designating the species as a prohibited exotic species; and 8.22 (2) notify the person from which the notification was 8.23 received that the species is subject to section 84D.04. 8.24 (b) If the commissioner determines that a species for which 8.25 a notification is received under subdivision 1 should be 8.26 classified as an unregulated exotic species, the commissioner 8.27 shall: 8.28 (1) adopt a rule under section 84D.12, subdivision 3, 8.29 designating the species as an unregulated species; and 8.30 (2) notify the person from which the notification was 8.31 received that the species is not subject to regulation under 8.32 this chapter. 8.33 (c) If the commissioner determines that a species for which 8.34 a notification is received under subdivision 1 should be 8.35 classified as a regulated exotic species, the commissioner shall 8.36 notify the applicant that the species is subject to the 9.1 requirements in section 84D.07. 9.2 Sec. 7. [84D.07] [REGULATED EXOTIC SPECIES.] 9.3 Except as provided in rules adopted under section 84D.12, 9.4 subdivision 2, clause (1), a person may not introduce a 9.5 regulated exotic species without a permit issued by the 9.6 commissioner. 9.7 Sec. 8. [84D.08] [ESCAPE OF EXOTIC SPECIES.] 9.8 (a) A person that allows or causes the introduction of an 9.9 animal that is a prohibited, regulated, or unlisted exotic 9.10 species shall, within 48 hours after learning of the 9.11 introduction, notify the commissioner, a conservation officer, 9.12 or another person designated by the commissioner. The person 9.13 shall make every reasonable attempt to recapture or destroy the 9.14 introduced animal. If the animal is a prohibited exotic 9.15 species, the person is liable for the actual costs incurred by 9.16 the department in capturing or controlling, or attempting to 9.17 capture or control, the animal and its progeny. If the animal 9.18 is a regulated exotic species, the person is liable for these 9.19 costs if the introduction was in violation of the person's 9.20 permit issued under section 84D.11. 9.21 (b) A person that complies with this section is not subject 9.22 to criminal penalties under section 84D.13 for the introduction. 9.23 Sec. 9. [84D.09] [AQUATIC MACROPHYTES.] 9.24 Subdivision 1. [TRANSPORTATION PROHIBITED.] A person may 9.25 not transport aquatic macrophytes on any state forest road as 9.26 defined by section 89.001, subdivision 14, any road or highway 9.27 as defined in section 160.02, subdivision 7, or any other public 9.28 road, except as provided in this section. 9.29 Subd. 2. [EXCEPTIONS.] Unless otherwise prohibited by law, 9.30 a person may transport aquatic macrophytes: 9.31 (1) that are duckweeds in the family Lemnaceae; 9.32 (2) for disposal as part of a harvest or control activity 9.33 conducted under an aquatic plant management permit pursuant to 9.34 section 103G.615, under permit pursuant to section 84D.11, or as 9.35 specified by the commissioner; 9.36 (3) for purposes of constructing shooting or observation 10.1 blinds in amounts sufficient for that purpose, provided that the 10.2 aquatic macrophytes are emergent and cut above the waterline; 10.3 (4) when legally purchased or traded by or from commercial 10.4 or hobbyist sources for aquarium or ornamental purposes; 10.5 (5) when harvested for personal use if in a motor vehicle; 10.6 (6) to the department, or another destination as the 10.7 commissioner may direct, in a sealed container for purposes of 10.8 identifying a species or reporting the presence of a species; 10.9 (7) when transporting a commercial aquatic plant harvester 10.10 to a suitable location for purposes of cleaning any remaining 10.11 aquatic macrophytes; 10.12 (8) that are wild rice harvested under section 84.091; or 10.13 (9) in the form of fragments of emergent aquatic 10.14 macrophytes incidentally transported in or on watercraft or 10.15 decoys used for waterfowl hunting during the waterfowl season. 10.16 Sec. 10. [84D.10] [PROHIBITED ACT; WATERCRAFT.] 10.17 A person may not place or attempt to place into waters of 10.18 the state a watercraft, a trailer, or plant harvesting equipment 10.19 that has aquatic macrophytes, zebra mussels, or prohibited 10.20 exotic species attached. A conservation officer or other 10.21 licensed peace officer may order: 10.22 (1) the removal of aquatic macrophytes or prohibited exotic 10.23 species from a trailer or watercraft before it is placed into 10.24 waters of the state; 10.25 (2) confinement of the watercraft at a mooring, dock, or 10.26 other location until the watercraft is removed from the water; 10.27 and 10.28 (3) removal of a watercraft from waters of the state to 10.29 remove prohibited exotic species if the water has not been 10.30 designated by the commissioner as being infested with that 10.31 species. 10.32 Sec. 11. [84D.11] [PERMITS.] 10.33 Subdivision 1. [PROHIBITED EXOTIC SPECIES.] The 10.34 commissioner may issue a permit for the propagation, possession, 10.35 importation, purchase, or transport of a prohibited exotic 10.36 species for the purposes of disposal, control, research, or 11.1 education. 11.2 Subd. 2. [REGULATED EXOTIC SPECIES.] The commissioner may 11.3 issue a permit for the introduction of a regulated exotic 11.4 species. 11.5 Subd. 3. [STANDARD.] The commissioner may issue a permit 11.6 under this section only if the commissioner determines that the 11.7 permitted activity would not pose an unreasonable risk of harm 11.8 to natural resources or their use in the state. The 11.9 commissioner may deny, issue with conditions, modify, or revoke 11.10 a permit under this section as necessary to ensure that the 11.11 proposed activity will not pose an unreasonable risk of harm to 11.12 natural resources or their use in the state. 11.13 Subd. 4. [APPEAL OF PERMIT DECISION.] A permit decision 11.14 may be appealed as a contested case under chapter 14. 11.15 Sec. 12. [84D.12] [RULES.] 11.16 Subdivision 1. [REQUIRED RULES.] The commissioner shall 11.17 adopt rules: 11.18 (1) designating prohibited, regulated, and unregulated 11.19 exotic species; 11.20 (2) governing the application for and issuance of permits 11.21 under this chapter, which rules may include a fee schedule; 11.22 (3) governing notification under section 84D.08; and 11.23 (4) designating, and governing the marking and use of, 11.24 limited infestations of Eurasian water milfoil. 11.25 Subd. 2. [AUTHORIZED RULES.] The commissioner may adopt 11.26 rules: 11.27 (1) regulating the possession, importation, purchase, sale, 11.28 propagation, transport, and introduction of harmful exotic 11.29 species; and 11.30 (2) regulating the appropriation, use, and transportation 11.31 of water from infested waters. 11.32 Subd. 3. [EXPEDITED RULES.] The commissioner may adopt 11.33 rules under section 84.027, subdivision 13, that designate: 11.34 (1) prohibited exotic species; 11.35 (2) regulated exotic species; 11.36 (3) unregulated exotic species; 12.1 (4) limited infestations of Eurasian water milfoil; and 12.2 (5) infested waters. 12.3 Sec. 13. [84D.13] [ENFORCEMENT; PENALTIES.] 12.4 Subdivision 1. [ENFORCEMENT.] Unless otherwise provided, 12.5 this chapter and rules adopted under section 84D.12 may be 12.6 enforced by conservation officers under sections 97A.205, 12.7 97A.211, and 97A.221 and by other licensed peace officers. 12.8 Subd. 2. [CUMULATIVE REMEDY.] The authority of 12.9 conservation officers to issue civil citations is in addition to 12.10 other remedies available under law, except that the state may 12.11 not seek penalties under any other provision of law for the 12.12 incident subject to the citation. 12.13 Subd. 3. [CRIMINAL PENALTIES.] (a) A person who violates a 12.14 provision of section 84D.05, 84D.06, 84D.07, 84D.08, or 84D.10, 12.15 or a rule adopted under section 84D.12, is guilty of a 12.16 misdemeanor. 12.17 (b) A person who refuses to obey an order of a peace 12.18 officer or conservation officer to remove prohibited exotic 12.19 species or aquatic macrophytes from any watercraft, trailer, or 12.20 plant harvesting equipment is guilty of a misdemeanor. 12.21 Subd. 4. [WARNINGS; CIVIL CITATIONS.] After appropriate 12.22 training, conservation officers, other licensed peace officers, 12.23 and other department personnel designated by the commissioner 12.24 may issue warnings or citations to a person who: 12.25 (1) unlawfully transports prohibited exotic species or 12.26 aquatic macrophytes; 12.27 (2) unlawfully places or attempts to place into waters of 12.28 the state a trailer, a watercraft, or plant harvesting equipment 12.29 that has prohibited exotic species attached; 12.30 (3) unlawfully angles, anchors, or operates a watercraft in 12.31 a marked area of a Eurasian water milfoil limited infestation; 12.32 or 12.33 (4) intentionally damages, moves, removes, or sinks a buoy 12.34 marking, as prescribed by rule, Eurasian water milfoil. 12.35 Subd. 5. [CIVIL PENALTIES.] A civil citation issued under 12.36 this section may impose civil penalties up to the following 13.1 penalty amounts: 13.2 (1) for transporting aquatic macrophytes on a forest road 13.3 as defined by section 89.001, subdivision 14, road or highway as 13.4 defined by section 160.02, subdivision 7, or any other public 13.5 road, $50; 13.6 (2) for placing or attempting to place into waters of the 13.7 state a watercraft, a trailer, or plant harvesting equipment 13.8 that has aquatic macrophytes attached, $100; 13.9 (3) for transporting a prohibited exotic species other than 13.10 an aquatic macrophyte, $100; 13.11 (4) for placing or attempting to place into waters of the 13.12 state a watercraft, a trailer, or plant harvesting equipment 13.13 that has prohibited exotic species attached when the waters are 13.14 not designated by the commissioner as being infested with that 13.15 species, $500 for the first offense and $1,000 for each 13.16 subsequent offense; 13.17 (5) for angling, anchoring, or operating a watercraft in a 13.18 marked area of a Eurasian water milfoil limited infestation, 13.19 other than as provided by law, $100; and 13.20 (6) for intentionally damaging, moving, removing, or 13.21 sinking a buoy marking, as prescribed by rule, Eurasian water 13.22 milfoil, $100. 13.23 Subd. 6. [WATERCRAFT LICENSE SUSPENSION.] A civil citation 13.24 may be issued to suspend, for up to a year, the watercraft 13.25 license of an owner or person in control of a watercraft or 13.26 trailer who refuses to submit to an inspection under section 13.27 84D.02, subdivision 4, or who refuses to comply with a removal 13.28 order given under section 84D.13. 13.29 Subd. 7. [SATISFACTION OF CIVIL PENALTIES.] A civil 13.30 penalty is due and a watercraft license suspension is effective 13.31 30 days after issuance of the civil citation. A civil penalty 13.32 collected under this section is payable to the commissioner and 13.33 must be credited to the water recreation account. 13.34 Subd. 8. [APPEAL OF CIVIL CITATIONS AND PENALTIES.] A 13.35 civil citation and penalty may be appealed under the procedures 13.36 in section 116.072, subdivision 6, if the person to whom the 14.1 citation was issued requests a hearing by notifying the 14.2 commissioner within 15 days after receipt of the citation. If a 14.3 hearing is not requested within the 15-day period, the citation 14.4 becomes a final order not subject to further review. 14.5 Sec. 14. [CERTAIN SPECIES NOT SUBJECT TO CHAPTER.] 14.6 This chapter does not apply to: 14.7 (1) pathogens and terrestrial arthropods regulated under 14.8 Minnesota Statutes, sections 18.44 to 18.61; or 14.9 (2) mammals and birds defined by statute as livestock. 14.10 Sec. 15. [EFFECTIVE DATE.] 14.11 Sections 1 to 14 are effective May 1, 1996. 14.12 ARTICLE 2 14.13 CONFORMING AMENDMENTS 14.14 Section 1. Minnesota Statutes 1995 Supplement, section 14.15 84.027, subdivision 13, is amended to read: 14.16 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 14.17 natural resources may adopt rules under sections 97A.0451 to 14.18 97A.0459 and this subdivision that are authorized under: 14.19 (1) chapters 97A, 97B, and 97C to set open seasons and 14.20 areas, to close seasons and areas, to select hunters for areas, 14.21 to provide for tagging and registration of game, to prohibit or 14.22 allow taking of wild animals to protect a species, and to 14.23 prohibit or allow importation, transportation, or possession of 14.24 a wild animal;
and14.25 (2) sections 84.093, 84.14, 84.15, and 84.152 to set 14.26 seasons for harvesting wild ginseng roots and wild rice and to 14.27 restrict or prohibit harvesting in designated areas; and 14.28 (3) section 84D.12 to designate prohibited exotic species, 14.29 regulated exotic species, unregulated exotic species, limited 14.30 infestations of Eurasian water milfoil, and infested waters. 14.31 Clause (2) does not limit or supersede the commissioner's 14.32 authority to establish opening dates, days, and hours of the 14.33 wild rice harvesting season under section 84.14, subdivision 3. 14.34 (b) If conditions exist that do not allow the commissioner 14.35 to comply with sections 97A.0451 to 97A.0459, the commissioner 14.36 may adopt a rule under this subdivision by submitting the rule 15.1 to the attorney general for review under section 97A.0455, 15.2 publishing a notice in the State Register and filing the rule 15.3 with the secretary of state and the legislative commission to 15.4 review administrative rules, and complying with section 15.5 97A.0459, and including a statement of the emergency conditions 15.6 and a copy of the rule in the notice. The notice may be 15.7 published after it is received from the attorney general or five 15.8 business days after it is submitted to the attorney general, 15.9 whichever is earlier. 15.10 (c) Rules adopted under paragraph (b) are effective upon 15.11 publishing in the State Register and may be effective up to 15.12 seven days before publishing and filing under paragraph (b), if: 15.13 (1) the commissioner of natural resources determines that 15.14 an emergency exists; 15.15 (2) the attorney general approves the rule; and 15.16 (3) for a rule that affects more than three counties the 15.17 commissioner publishes the rule once in a legal newspaper 15.18 published in Minneapolis, St. Paul, and Duluth, or for a rule 15.19 that affects three or fewer counties the commissioner publishes 15.20 the rule once in a legal newspaper in each of the affected 15.21 counties. 15.22 (d) Except as provided in paragraph (e), a rule published 15.23 under paragraph (c), clause (3), may not be effective earlier 15.24 than seven days after publication. 15.25 (e) A rule published under paragraph (c), clause (3), may 15.26 be effective the day the rule is published if the commissioner 15.27 gives notice and holds a public hearing on the rule within 15 15.28 days before publication. 15.29 (f) The commissioner shall attempt to notify persons or 15.30 groups of persons affected by rules adopted under paragraphs (b) 15.31 and (c) by public announcements, posting, and other appropriate 15.32 means as determined by the commissioner. 15.33 (g) Notwithstanding section 97A.0458, a rule adopted under 15.34 this subdivision is effective for the period stated in the 15.35 notice but not longer than 18 months after the rule is adopted. 15.36 Sec. 2. Minnesota Statutes 1994, section 97A.105, 16.1 subdivision 1, is amended to read: 16.2 Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may 16.3 breed and propagate fur-bearing animals, game birds, bear, 16.4 moose, elk, caribou, mute swans, or deer only on privately owned 16.5 or leased land and after obtaining a license. Any of the 16.6 permitted animals on a game farm may be sold to other licensed 16.7 game farms. "Privately owned or leased land" includes waters 16.8 that are shallow or marshy, are not actually navigable, and are 16.9 not of substantial beneficial public use. Before an application 16.10 for a license is considered, the applicant must enclose the area 16.11 to sufficiently confine the animals to be raised in a manner 16.12 approved by the commissioner. A license may be granted only if 16.13 the commissioner finds the application is made in good faith 16.14 with intention to actually carry on the business described in 16.15 the application and the commissioner determines that the 16.16 facilities are adequate for the business. 16.17 (b) A person may purchase live game birds or their eggs 16.18 without a license if the birds or eggs, or birds hatched from 16.19 the eggs, are released into the wild, consumed, or processed for 16.20 consumption within one year after they were purchased or 16.21 hatched. This paragraph does not apply to the purchase of 16.22 migratory waterfowl or their eggs. 16.23 (c) A person may not introduce mute swans into the wild 16.24 without a permit issued by the commissioner. 16.25 Sec. 3. Minnesota Statutes 1995 Supplement, section 16.26 97A.205, is amended to read: 16.27 97A.205 [ENFORCEMENT OFFICER POWERS.] 16.28 An enforcement officer is authorized to: 16.29 (1) execute and serve court issued warrants and processes 16.30 relating to wild animals, wild rice, public waters, water 16.31 pollution, conservation, and use of water, in the same manner as 16.32 a constable or sheriff; 16.33 (2) enter any land to carry out the duties and functions of 16.34 the division; 16.35 (3) make investigations of violations of the game and fish 16.36 laws; 17.1 (4) take an affidavit, if it aids an investigation; 17.2 (5) arrest, without a warrant, a person who is detected in 17.3 the actual violation of the game and fish laws, a provision of 17.4 chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G, 17.5 sections 86B.001 to 86B,815, 89.51 to 89.61; or 609.66, 17.6 subdivision 1, clauses (1), (2), (5), and (7); and 609.68; and 17.7 (6) take an arrested person before a court in the county 17.8 where the offense was committed and make a complaint. 17.9 Nothing in this section grants an enforcement officer any 17.10 greater powers than other licensed peace officers. 17.11 Sec. 4. Minnesota Statutes 1994, section 97A.211, 17.12 subdivision 1, is amended to read: 17.13 Subdivision 1. [NOTICE TO APPEAR IN COURT.] (a) A person 17.14 must be given notice to appear in court for a misdemeanor 17.15 violation of the game and fish laws; chapter 84, 84D, 103E, or 17.16 103G; sections 103F.201 to 103F.221; or section 103F.601 or 17.17 609.68 if: 17.18 (1) the person is arrested and is released from custody 17.19 prior to appearing before a court; or 17.20 (2) the person is subject to a lawful arrest and is not 17.21 arrested because it reasonably appears to the enforcement 17.22 officer that arrest is unnecessary to prevent further criminal 17.23 conduct and that there is a substantial likelihood that the 17.24 person will respond to a notice. 17.25 (b) The enforcement officer shall prepare, in 17.26 quadruplicate, a written notice to appear in court. The notice 17.27 must be in the form and has the effect of a summons and 17.28 complaint. The notice must contain the name and address of the 17.29 person charged, the offense, and the time and the place to 17.30 appear in court. The court must have jurisdiction within the 17.31 county where the offense is alleged to have been committed. 17.32 Sec. 5. Minnesota Statutes 1994, section 97A.211, 17.33 subdivision 2, is amended to read: 17.34 Subd. 2. [RELEASE AFTER ARREST.] A person arrested for a 17.35 misdemeanor violation of the game and fish laws; chapter 84, 17.36 84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 18.1 103F.601 or 609.68 may obtain release by signing the written 18.2 notice prepared by the arresting officer promising to appear in 18.3 court. The officer shall deliver a copy marked "SUMMONS" to the 18.4 person arrested. The officer must then release the person from 18.5 custody. 18.6 Sec. 6. Minnesota Statutes 1995 Supplement, section 18.7 97A.221, subdivision 1, is amended to read: 18.8 Subdivision 1. [PROPERTY SUBJECT TO SEIZURE AND 18.9 CONFISCATION.] (a) An enforcement officer may seize: 18.10 (1) wild animals, wild rice, and other aquatic vegetation 18.11 taken, bought, sold, transported, or possessed in violation of 18.12 the game and fish laws or chapter 84 or 84D; and 18.13 (2) firearms, bows and arrows, nets, boats, lines, poles, 18.14 fishing rods and tackle, lights, lanterns, snares, traps, 18.15 spears, dark houses, fish houses, and wild rice harvesting 18.16 equipment that are used with the owner's knowledge to unlawfully 18.17 take or transport wild animals, wild rice, or other aquatic 18.18 vegetation and that have a value under $1,000 are subject to 18.19 this section. 18.20 (b) An item described in paragraph (a), clause (2), that 18.21 has a value of $1,000 or more is subject to the provisions of 18.22 section 97A.225. 18.23 (c) An enforcement officer must seize nets and equipment 18.24 unlawfully possessed within ten miles of Lake of the Woods or 18.25 Rainy Lake. 18.26 Sec. 7. [REVISOR INSTRUCTION.] 18.27 In Minnesota Statutes, section 103B.551, subdivision 3, the 18.28 revisor of statutes shall delete the reference to section 18.29 103G.617 and insert a reference to section 103G.621. In 18.30 Minnesota Rules, the revisor of statutes shall change the term 18.31 "undesirable exotic species" to "prohibited exotic species" and 18.32 the term "ecologically harmful exotic species" to "harmful 18.33 exotic species." 18.34 Sec. 8. [REPEALER.] 18.35 Minnesota Statutes 1994, sections 84.966; 84.967; 84.968, 18.36 subdivision 2; 84.969; 84.9692, subdivisions 3, 4, 5, and 6; and 19.1 103G.617; Minnesota Statutes 1995 Supplement, sections 18.316; 19.2 18.317; 84.968, subdivision 1; 84.9691; 84.9692, subdivisions 1, 19.3 1a, and 2; and 86B.401, subdivision 11, are repealed. 19.4 Sec. 9. [EFFECTIVE DATE.] 19.5 Sections 1 to 8 are effective May 1, 1996.