SF 3593

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying invasive species provisions; providing
civil penalties; amending Minnesota Statutes 2006, sections 84D.10, subdivisions
1, 2; 84D.13, subdivisions 4, 5.

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

Section 1.

Minnesota Statutes 2006, section 84D.10, subdivision 1, is amended to read:

Subdivision 1.

Launching prohibited.

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

Sec. 2.

Minnesota Statutes 2006, section 84D.10, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

Unless otherwise prohibited by law, a person may place into
the waters of the state a watercraft deleted text begin or trailer deleted text end with aquatic macrophytes:

(1) that are duckweeds in the family Lemnaceae;

(2) for purposes of shooting or observation blinds in amounts sufficient for that
purpose, if the aquatic macrophytes are emergent and cut above the waterline;

(3) that are wild rice harvested under section 84.091; or

(4) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.

Sec. 3.

Minnesota Statutes 2006, section 84D.13, subdivision 4, is amended to read:

Subd. 4.

Warnings; civil citations.

After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:

(1) unlawfully transports prohibited invasive species or aquatic macrophytes;

(2) unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting equipment that has new text begin macrophytes, zebra mussels, or
new text end prohibited invasive species attached;

(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;

(4) fails to drain water, as required by rule, from watercraft and equipment before
leaving designated zebra mussel, spiny water flea, or other invasive plankton infested
waters; or

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

Sec. 4.

Minnesota Statutes 2006, section 84D.13, subdivision 5, is amended to read:

Subd. 5.

Civil penalties.

A civil citation issued under this section must impose
the following penalty amounts:

(1) for transporting aquatic macrophytes on a forest road as defined by section
89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
any other public road, $50;

(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
aquatic plant harvesting equipment that has deleted text begin aquatic deleted text end macrophytes attached, $100;

(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $250;

(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or
aquatic plant harvesting equipment that has prohibited invasive species attached when
the waters are not designated by the commissioner as being infested with that invasive
species, $500 for the first offense and $1,000 for each subsequent offense;

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

(6) for failing to drain water, as required by rule, from watercraft and equipment
before leaving designated zebra mussel, spiny water flea, or other invasive plankton
infested waters, $50; and

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