Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 594-S.F.No. 1959 
           An act relating to natural resources; providing for 
          the management of ecologically harmful exotic species; 
          requiring rulemaking; providing penalties; 
          appropriating money; amending Minnesota Statutes 1990, 
          sections 18.317, subdivisions 1, 2, 3, 5, and by 
          adding subdivisions; and 86B.401, subdivision 11; 
          Minnesota Statutes 1991 Supplement, sections 84.968; 
          84.9691; and 86B.415, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 18.317, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TRANSPORTATION PROHIBITED.] Except as 
provided in subdivision 2, a person may not transport Eurasian 
or Northern water milfoil, myriophyllum spicatum or exalbescens, 
zebra mussels, or other water-transmitted harmful exotic species 
identified by the commissioner of natural resources on a road or 
highway, as defined in section 160.02, subdivision 7, or on 
forest roads. 
    Sec. 2.  Minnesota Statutes 1990, section 18.317, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PLACEMENT PROHIBITED.] A person may not 
intentionally place ecologically harmful exotic species, as 
defined in section 84.967, in public waters within the state. 
    Sec. 3.  Minnesota Statutes 1990, section 18.317, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXCEPTION.] A person may transport Eurasian or 
Northern water milfoil, myriophyllum spicatum or exalbescens, or 
other water-transmitted harmful exotic species identified by the 
commissioner of natural resources for disposal as part of a 
harvest or control activity. 
    Sec. 4.  Minnesota Statutes 1990, section 18.317, 
subdivision 3, is amended to read: 
    Subd. 3.  [LAUNCHING OF WATERCRAFT WITH EURASIAN OR 
NORTHERN WATER MILFOIL OR OTHER HARMFUL SPECIES PROHIBITED.] (a) 
A person may not place a trailer or launch a watercraft with 
Eurasian or Northern water milfoil, zebra mussels, or other 
water-transmitted harmful exotic species identified by the 
commissioner of natural resources attached into waters of the 
state.  A conservation officer or other licensed peace officer 
may order the removal of Eurasian or Northern water milfoil, 
zebra mussels, or other water-transmitted harmful exotic species 
identified by the commissioner of natural resources from a 
trailer or watercraft before being placed or launched into 
waters of the state. 
    (b) For purposes of this section, the meaning of watercraft 
includes a float plane and "waters of the state" has the meaning 
given in section 103G.005, subdivision 17. 
     (c) A commercial harvester shall clean aquatic plant 
harvesting equipment of all aquatic vegetation at a suitable 
location before launching the equipment in another body of water.
    Sec. 5.  Minnesota Statutes 1990, section 18.317, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [INSPECTION OF WATERCRAFT AND EQUIPMENT.] (a) 
Licensed watercraft and associated equipment, including weed 
harvesters, that are removed from any waters of the state that 
the commissioner of natural resources identifies as being 
contaminated with Eurasian water milfoil, zebra mussels, or 
other water-transmitted exotic harmful species identified by the 
commissioner of natural resources, shall be randomly inspected 
between May 1 and October 15 for a minimum of 10,000 hours by 
personnel authorized by the commissioner of natural resources. 
    Sec. 6.  Minnesota Statutes 1990, section 18.317, 
subdivision 5, is amended to read: 
    Subd. 5.  [PENALTY.] A person who violates subdivision 
1 or, 1a, 3, or 3a is guilty of a misdemeanor.  A person who 
refuses to obey the order of a peace officer or conservation 
officer to remove Eurasian or Northern water milfoil from a 
trailer or watercraft is guilty of a misdemeanor.  
    Sec. 7.  Minnesota Statutes 1991 Supplement, section 
84.968, is amended to read: 
    84.968 [ECOLOGICALLY HARMFUL EXOTIC SPECIES MANAGEMENT 
PLAN; REPORT.] 
    Subdivision 1.  [MANAGEMENT PLAN.] (a) By January 1, 1993, 
a long-term statewide ecologically harmful exotic species 
management plan must be prepared by the commissioner of natural 
resources and address the following:  
    (1) coordinated detection and prevention of accidental 
introductions; 
    (2) coordinated dissemination of information about 
ecologically harmful exotic species among resource management 
agencies and organizations; 
    (3) a coordinated public awareness campaign regarding 
ecologically harmful exotic animals and aquatic plants; 
    (4) a process, where none exists, to designate and classify 
ecologically harmful exotic species into the following 
categories: 
    (i) undesirable wild animals that must not be sold, 
propagated, possessed, or transported; and 
    (ii) undesirable aquatic exotic plants that must not be 
sold, propagated, possessed, or transported; 
    (5) coordination of control and eradication of ecologically 
harmful exotic species on public lands and public waters; and 
    (6) development of a list of exotic wild animal species 
intended for nonagricultural purposes, or propagation for 
release by state agencies or the private sector.  
    (b) The plan prepared under paragraph (a) must include 
containment strategies that include: 
    (1) participation by lake associations, local citizen 
groups, and local units of government in the development and 
implementation of lake management plans; 
    (2) a reasonable and workable inspection requirement for 
boats and equipment participating in organized events on waters 
of the state; 
    (3) allowing access points infested with ecologically 
harmful exotic species to be closed, for not more than a total 
of seven days during an open water season, for control or 
eradication purposes, and requiring posting of signs stating the 
reason for closing the access; 
    (4) provisions for reasonable weed-free maintenance of 
public accesses to infested waters; and 
    (5) notice to travelers of the penalties for violation of 
laws relating to ecologically harmful exotic species. 
     Subd. 2.  [REPORT.] The commissioner of natural resources 
shall by January 1 each year submit a report on ecologically 
harmful exotic species to the legislative committees having 
jurisdiction over environmental and natural resource issues.  
The report must include: 
    (1) detailed information on expenditures for 
administration, education, eradication, inspections, and 
research; 
    (2) an analysis of the effectiveness of management 
activities conducted in the state, including chemical 
eradication, harvesting, educational efforts, and inspections; 
    (3) information on the participation of other state 
agencies, local government units, and interest groups in control 
efforts; 
    (4) information on management efforts in other states; 
    (5) information on the progress made by species; 
    (6) an estimate of future management needs; and 
    (7) an analysis of the financial impact on persons who 
transport weed harvesters of the prohibition in section 1. 
    Sec. 8.  Minnesota Statutes 1991 Supplement, section 
84.9691, is amended to read: 
    84.9691 [RULEMAKING.] 
    (a) The commissioner of natural resources may adopt rules, 
including emergency rules, to restrict the introduction, 
propagation, use, possession, and spread of ecologically harmful 
exotic animals and aquatic plants in the state.  The 
commissioner of natural resources may adopt emergency and 
permanent rules restricting the introduction, propagation, use, 
possession, and spread of ecologically harmful exotic species in 
the state, as outlined in section 84.967.  The emergency 
rulemaking authority granted in this paragraph expires July 1, 
1994.  
    (b) The commissioner shall adopt rules to identify bodies 
of water with limited infestation of Eurasian water milfoil.  
The areas that are infested shall be marked and prohibited for 
use. 
    Sec. 9.  Minnesota Statutes 1990, section 86B.401, 
subdivision 11, is amended to read: 
    Subd. 11.  [SUSPENSION FOR NOT REMOVING EURASIAN OR 
NORTHERN WATER MILFOIL OR OTHER HARMFUL SPECIES.] The 
commissioner, after notice and an opportunity for hearing, may 
suspend for a period of not more than one year the license of a 
watercraft if the owner or person in control of the watercraft 
or its trailer refuses to comply with an inspection order of a 
conservation officer or other licensed peace officer or an order 
to remove Eurasian or Northern water milfoil, myriophyllum 
spicatum or exalbescens, zebra mussels, or other ecologically 
harmful species identified by the commissioner from the 
watercraft or its trailer as provided in section 18.317, 
subdivision 3. 
    Sec. 10.  Minnesota Statutes 1991 Supplement, section 
86B.415, subdivision 7, is amended to read: 
    Subd. 7.  [WATERCRAFT SURCHARGE.] A surcharge of $2 $3 is 
placed on each watercraft licensed under subdivisions 1 to 5 for 
control, public awareness, law enforcement, monitoring, and 
research of nuisance aquatic exotic species such as zebra 
mussel, purple loosestrife, and Eurasian water milfoil in public 
waters and public wetlands. 
    Sec. 11.  [APPROPRIATIONS.] 
    $219,000 is appropriated from the water recreation account 
in the natural resources fund to the commissioner of natural 
resources for control, public awareness, law enforcement, 
monitoring, and research of nuisance exotic aquatic species in 
public waters. 
    Of this amount, $80,000 may be used to conduct access 
inspections under section 5. 
    Sec. 12.  [EFFECTIVE DATE.] 
    The emergency rulemaking authority in section 8 is 
effective the day following final enactment. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:18 p.m.