Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 235-H.F.No. 864 
           An act relating to waters; inspection of watercraft 
          for exotic harmful species; permit fee for aquatic 
          vegetation control; authorizing civil penalties; 
          appropriating money; amending Minnesota Statutes 1992, 
          sections 18.317, subdivision 3a; 86B.415, subdivision 
          7; 103G.615, subdivision 2; 103G.617, subdivision 5; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 18.317, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [INSPECTION OF WATERCRAFT AND EQUIPMENT.] 
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.  Beginning in calendar year 1994, a minimum of 20,000 
hours of random inspections must be conducted per year. 
    Sec. 2.  [84.9692] [CIVIL CITATIONS AND PENALTIES.] 
    Subdivision 1.  [AUTHORITY TO ISSUE.] After appropriate 
training, conservation officers, peace officers, and other staff 
designated by the commissioner may issue warnings or citations 
to persons who: 
    (1) unlawfully transport ecologically harmful exotic 
species on a public road; 
    (2) place a trailer or launch a watercraft with 
ecologically harmful species attached into waters of the state; 
    (3) operate a watercraft in a Eurasian water milfoil 
infestation area; or 
    (4) damage, remove, or sink a buoy marking a Eurasian water 
milfoil infestation area.  
    Subd. 2.  [PENALTY AMOUNT.] A citation issued under this 
section may impose up to the following penalty amounts: 
    (1) $50 for transporting visible Eurasian water milfoil on 
a public road in each of the following locations: 
    (i) the exterior of the watercraft below the gunwales 
including the propulsion system; 
    (ii) any surface of a watercraft trailer; 
    (iii) any surface of a watercraft interior of the gunwales; 
    (iv) any water container including live wells, minnow 
buckets, or coolers which hold water; or 
    (v) any other area where visible Eurasian water milfoil is 
found not previously described in items (1) to (4); 
    (2) $150 for transporting visible zebra mussels on a public 
road; 
    (3) $300 for transporting live ruffe or live rusty crayfish 
on a public road; 
    (4) for attempting to launch or launching into noninfested 
waters a watercraft with visible Eurasian water milfoil or adult 
zebra mussels attached, $500 for a first offense and $1,000 for 
a second or subsequent offense; 
    (5) $100 for operating a watercraft in a marked Eurasian 
water milfoil infestation area other than as provided by law; 
    (6) $150 for intentionally damaging, moving, removing, or 
sinking a milfoil buoy; or 
    (7) $150 for launching or attempting to launch into 
infested waters a watercraft with visible Eurasian water milfoil 
or visible zebra mussels attached.  
    Subd. 3.  [PAYMENT OF PENALTY.] If not appealed under 
subdivision 4, civil penalties are payable to the commissioner 
no later than 30 days after issuance.  Fines collected under 
this section must be credited to the water recreation account. 
    Subd. 4.  [APPEALS.] Citations may be appealed under the 
procedures in section 116.072, subdivision 6, if the person 
requests a hearing by notifying the commissioner within 15 days 
after receipt of the citation.  If a hearing is not requested 
within the 15-day period, the citation becomes a final order not 
subject to further review. 
    Subd. 5.  [ENFORCEMENT OF FIELD CITATIONS.] Field citations 
may be enforced under section 18.317. 
    Subd. 6.  [CUMULATIVE REMEDY.] The authority of 
conservation officers to issue field citations is in addition to 
other remedies available under law, except that the state may 
not seek penalties under any other provision of law for the 
incident subject to the citation. 
    Sec. 3.  Minnesota Statutes 1992, section 86B.415, 
subdivision 7, is amended to read: 
    Subd. 7.  [WATERCRAFT SURCHARGE.] A surcharge of $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.  The surcharge is $5 until December 
31, 1996, and $3 thereafter. 
    Sec. 4.  Minnesota Statutes 1992, section 103G.615, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEES.] (a) The commissioner shall establish a 
fee schedule for permits to harvest aquatic plants other than 
wild rice, by order, after holding a public hearing.  The fees 
may not exceed $200 per permit based upon the cost of receiving, 
processing, analyzing, and issuing the permit, and additional 
costs incurred after the application to inspect and monitor the 
activities authorized by the permit. 
    (b) The fee for a permit for chemical treatment of rooted 
aquatic vegetation may not exceed $20 for each contiguous parcel 
of shoreline owned by an owner.  This fee may not be charged for 
permits issued in connection with lakewide Eurasian water 
milfoil control programs. 
    (c) A fee may not be charged to the state or a federal 
governmental agency applying for a permit. 
    (c) (d) The money received for the permits under this 
subdivision shall be deposited in the treasury and credited to 
the game and fish fund.  
    Sec. 5.  Minnesota Statutes 1992, section 103G.617, 
subdivision 5, is amended to read: 
    Subd. 5.  [RESEARCH.] The commissioner shall initiate 
cooperative research with the Freshwater Foundation and the 
University of Minnesota freshwater biological institute and 
other public and private research facilities to study the use of 
nonchemical methods, including biological control agents, for 
control of Eurasian water milfoil.  
    Sec. 6.  [MANAGEMENT OF EURASIAN WATER MILFOIL IN WHITE 
BEAR LAKE.] 
    By May 31, 1993, the department of natural resources shall 
recommend appropriate management methods for the control of 
Eurasian water milfoil in White Bear lake to be implemented by 
the White Bear Lake conservation district in cooperation with 
local units of government, lake associations, and local citizen 
groups. 
    Sec. 7.  [APPROPRIATION.] 
    $347,000 in fiscal year 1994 and $448,000 in fiscal year 
1995 are 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 on nuisance aquatic exotic species in public waters and 
wetlands. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 3 and 4 are effective January 1, 1994.  Sections 2 
and 6 are effective the day following final enactment. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 4:45 p.m.