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                            CHAPTER 385-S.F.No. 2503 
                  An act relating to exotic species; recodifying, 
                  modifying, and expanding provisions relating to 
                  regulation and management of harmful exotic species; 
                  authorizing rulemaking; providing penalties; amending 
                  Minnesota Statutes 1994, sections 97A.105, subdivision 
                  1; 97A.211, subdivisions 1 and 2; Minnesota Statutes 
                  1995 Supplement, sections 84.027, subdivision 13; 
                  97A.205; and 97A.221, subdivision 1; proposing coding 
                  for new law as Minnesota Statutes, chapter 84D; 
                  repealing Minnesota Statutes 1994, sections 84.966; 
                  84.967; 84.968, subdivision 2; 84.969; 84.9692, 
                  subdivisions 3, 4, 5, and 6; and 103G.617; Minnesota 
                  Statutes 1995 Supplement, sections 18.316; 18.317; 
                  84.968, subdivision 1; 84.9691; 84.9692, subdivisions 
                  1, 1a, and 2; and 86B.401, subdivision 11. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                             HARMFUL EXOTIC SPECIES
           Section 1.  [84D.01] [DEFINITIONS.] 
           Subdivision 1.  [TERMS.] For the purposes of this chapter, 
        the following terms have the meanings given them. 
           Subd. 2.  [AQUATIC MACROPHYTE.] "Aquatic macrophyte" means 
        a nonwoody plant, either a submerged, floating leafed, floating, 
        or emergent plant that naturally grows in water or hydric soils. 
           Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of the department of natural resources. 
           Subd. 4.  [DEPARTMENT.] "Department" means the department 
        of natural resources. 
           Subd. 5.  [EXOTIC SPECIES.] "Exotic species" means a wild 
        animal species or aquatic plant species that is not a native 
        species. 
           Subd. 6.  [EURASIAN WATER MILFOIL.] "Eurasian water milfoil"
        means Myriophyllum spicatum. 
           Subd. 7.  [HARMFUL EXOTIC SPECIES.] "Harmful exotic 
        species" means an exotic species that can naturalize and either: 
           (1) causes or may cause displacement of, or otherwise 
        threaten, native species in their natural communities; or 
           (2) threatens or may threaten natural resources or their 
        use in the state. 
           Subd. 8.  [INFESTED WATERS.] "Infested waters" means waters 
        of the state designated by the commissioner under sections 
        84D.03, subdivision 1, and 84D.12. 
           Subd. 9.  [INTRODUCTION.] "Introduction" means the release 
        or escape of an exotic species into a free-living state. 
           Subd. 10.  [LIMITED INFESTATION OF EURASIAN WATER 
        MILFOIL.] "Limited infestation of Eurasian water milfoil" means 
        a body of water designated by the commissioner under sections 
        84D.03, subdivision 2, and 84D.12. 
           Subd. 11.  [NATIVE SPECIES.] "Native species" means an 
        animal or plant species naturally present and reproducing within 
        this state or that naturally expands from its historic range 
        into this state. 
           Subd. 12.  [NATURALIZE.] "Naturalize" means to establish a 
        self-sustaining population of exotic species in the wild outside 
        of its natural range. 
           Subd. 13.  [PROHIBITED EXOTIC SPECIES.] "Prohibited exotic 
        species" means a harmful exotic species that has been designated 
        as a prohibited exotic species in a rule adopted by the 
        commissioner under section 84D.12. 
           Subd. 14.  [PURPLE LOOSESTRIFE.] "Purple loosestrife" means 
        Lythrum salicaria, Lythrum virgatum, or combinations thereof. 
           Subd. 15.  [REGULATED EXOTIC SPECIES.] "Regulated exotic 
        species" means a harmful exotic species that has been designated 
        as a regulated exotic species in a rule adopted by the 
        commissioner under section 84D.12. 
           Subd. 16.  [TRANSPORT.] "Transport" means to cause or 
        attempt to cause a species to be carried or moved into or within 
        the state, and includes accepting or receiving the species for 
        transportation or shipment.  Transport does not include the 
        unintentional transport of a species within a water of the state 
        or to a connected water of the state where the species being 
        transported is already present. 
           Subd. 17.  [UNLISTED EXOTIC SPECIES.] "Unlisted exotic 
        species" means an exotic species that has not been designated as 
        a prohibited exotic species, a regulated exotic species, or an 
        unregulated exotic species in a rule adopted by the commissioner 
        under section 84D.12. 
           Subd. 18.  [UNREGULATED EXOTIC SPECIES.] "Unregulated 
        exotic species" means an exotic species that has been designated 
        as an unregulated exotic species in a rule adopted by the 
        commissioner under section 84D.12. 
           Subd. 19.  [WATERCRAFT.] "Watercraft" means a contrivance 
        used or designed for navigation on water and includes seaplanes. 
           Subd. 20.  [WATERS OF THE STATE.] "Waters of the state" has 
        the meaning given in section 97A.015, subdivision 54. 
           Subd. 21.  [WILD ANIMAL.] "Wild animal" means a living 
        creature, not human, wild by nature, endowed with sensation and 
        power of voluntary motion. 
           Subd. 22.  [ZEBRA MUSSEL.] "Zebra mussel" means a species 
        of the genus Dreissena. 
           Sec. 2.  [84D.02] [HARMFUL EXOTIC SPECIES MANAGEMENT 
        PROGRAM.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
        establish a statewide program to prevent and curb the spread of 
        harmful exotic species.  The program must provide for 
        coordination among governmental entities and private 
        organizations to the extent practicable.  The commissioner shall 
        seek available federal funding and grants for the program. 
           Subd. 2.  [PURPLE LOOSESTRIFE AND EURASIAN WATER MILFOIL 
        PROGRAMS.] (a) The program required in subdivision 1 must 
        include specific programs to curb the spread and manage the 
        growth of purple loosestrife and Eurasian water milfoil.  These 
        programs must include: 
           (1) compiling inventories and monitoring the growth of 
        purple loosestrife and Eurasian water milfoil in the state, for 
        which the commissioner may use volunteers; 
           (2) publication and distribution of informational materials 
        to boaters and lakeshore owners; 
           (3) cooperative research with the University of Minnesota 
        and other public and private research facilities to study the 
        use of nonchemical control methods, including biological control 
        methods; and 
           (4) managing the growth of Eurasian water milfoil and 
        purple loosestrife in coordination with appropriate local units 
        of government, special purpose districts, and lakeshore 
        associations, to include providing requested technical 
        assistance. 
           (b) The commissioners of agriculture and transportation 
        shall cooperate with the commissioner to establish, implement, 
        and enforce the purple loosestrife program. 
           Subd. 3.  [MANAGEMENT PLAN.] By July 1, 1997, the 
        commissioner shall prepare a long-term plan, which may include 
        specific plans for individual species, for the statewide 
        management of harmful exotic species.  The plan must address: 
           (1) coordinated detection and prevention of accidental 
        introductions; 
           (2) coordinated dissemination of information about harmful 
        exotic species among resource management agencies and 
        organizations; 
           (3) a coordinated public education and awareness campaign; 
           (4) coordinated control of selected harmful exotic species 
        on lands and public waters; 
           (5) participation by lake associations, local citizen 
        groups, and local units of government in the development and 
        implementation of local management efforts; 
           (6) a reasonable and workable inspection requirement for 
        watercraft and equipment including those participating in 
        organized events on the waters of the state; 
           (7) the closing of points of access to infested waters, if 
        the commissioner determines it is necessary, for a total of not 
        more than seven days during the open water season for control or 
        eradication purposes; 
           (8) maintaining public accesses on infested waters to be 
        reasonably free of aquatic macrophytes; and 
           (9) notice to travelers of the penalties for violation of 
        laws relating to harmful exotic species. 
           Subd. 4.  [INSPECTION OF WATERCRAFT.] The commissioner 
        shall authorize personnel to inspect, between May 1 and October 
        15 for a minimum of 20,000 hours, watercraft and associated 
        equipment, including weed harvesters, that leave or are removed 
        from infested waters. 
           Subd. 5.  [REGIONAL COOPERATION.] The commissioner shall 
        seek cooperation with other states and Canadian provinces for 
        the purposes of management and control of harmful exotic species.
           Subd. 6.  [ANNUAL REPORT.] By January 15 each year, the 
        commissioner shall submit a report on 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, management, inspections, and 
        research; 
           (2) an analysis of the effectiveness of management 
        activities conducted in the state, including chemical control, 
        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 in the management of 
        each species; and 
           (6) an assessment of future management needs. 
           Sec. 3.  [84D.03] [INFESTED WATERS; LIMITED INFESTATIONS OF 
        EURASIAN WATER MILFOIL.] 
           Subdivision 1.  [INFESTED WATERS.] The commissioner shall 
        designate a water of the state as an infested water if the 
        commissioner determines that the water contains a harmful exotic 
        species that could spread to other waters if use of the water 
        and related activities are not regulated to prevent this. 
           Subd. 2.  [LIMITED INFESTATIONS OF EURASIAN WATER 
        MILFOIL.] (a) The commissioner shall designate a water of the 
        state as a limited infestation of Eurasian water milfoil if: 
           (1) the commissioner determines that Eurasian water milfoil 
        occupies less than 20 percent of the littoral area of the water, 
        up to a maximum of ten acres; 
           (2) mechanical harvesting is not used to manage Eurasian 
        water milfoil in the water; and 
           (3) Eurasian water milfoil control is planned for the water.
           (b) The commissioner shall mark limited infestations of 
        Eurasian water milfoil in accordance with rules adopted by the 
        commissioner under section 84D.12. 
           (c) Except as provided in rules adopted under section 
        84D.12, a person may not enter a marked area of a limited 
        infestation of Eurasian water milfoil. 
           Sec. 4.  [84D.04] [CLASSIFICATION OF EXOTIC SPECIES.] 
           Subdivision 1.  [CLASSES.] The commissioner shall, as 
        provided in this chapter, classify exotic species according to 
        the following categories: 
           (1) prohibited exotic species, which may not be possessed, 
        imported, purchased, sold, propagated, transported, or 
        introduced except as provided in section 84D.05; 
           (2) regulated exotic species, which may not be introduced 
        except as provided in section 84D.07; 
           (3) unlisted exotic species, which are subject to the 
        classification procedure in section 84D.06; and 
           (4) unregulated exotic species, which are not subject to 
        regulation under this chapter. 
           Subd. 2.  [CRITERIA.] The commissioner shall consider the 
        following criteria in classifying an exotic species under this 
        chapter: 
           (1) the likelihood of introduction of the species if it is 
        allowed to enter or exist in the state; 
           (2) the likelihood that the species would naturalize in the 
        state were it introduced; 
           (3) the magnitude of potential adverse impacts of the 
        species on native species and on outdoor recreation, commercial 
        fishing, and other uses of natural resources in the state; 
           (4) the ability to eradicate or control the spread of the 
        species once it is introduced in the state; and 
           (5) other criteria the commissioner deems appropriate. 
           Sec. 5.  [84D.05] [PROHIBITED EXOTIC SPECIES.] 
           Subdivision 1.  [PROHIBITED ACTIVITIES.] A person may not 
        possess, import, purchase, sell, propagate, transport, or 
        introduce a prohibited exotic species, except: 
           (1) under a permit issued by the commissioner under section 
        84D.11; 
           (2) in the case of purple loosestrife, as provided by 
        sections 18.75 to 18.88; 
           (3) under a restricted species permit issued under section 
        17.457; 
           (4) when being transported to the department, or another 
        destination as the commissioner may direct, in a sealed 
        container for purposes of identifying the species or reporting 
        the presence of the species; 
           (5) when being transported for disposal as part of a 
        harvest or control activity under a permit issued by the 
        commissioner pursuant to section 103G.615, or as specified by 
        the commissioner; 
           (6) when the specimen has been lawfully acquired dead and, 
        in the case of plant species, all seeds are removed or are 
        otherwise secured in a sealed container; 
           (7) in the form of herbaria or other preserved specimens; 
           (8) when being removed from watercraft and equipment, or 
        caught while angling, and immediately returned to the water from 
        which they came; or 
           (9) as the commissioner may otherwise prescribe by rule. 
           Subd. 2.  [SEIZURE.] Under section 97A.221, the 
        commissioner may seize or dispose of all specimens of prohibited 
        exotic species unlawfully possessed, imported, purchased, sold, 
        propagated, transported, or introduced in the state. 
           Sec. 6.  [84D.06] [UNLISTED EXOTIC SPECIES.] 
           Subdivision 1.  [PROCESS.] After the effective date of the 
        rules adopted under section 84D.12, subdivision 1, clause (1), a 
        person may not introduce an unlisted exotic 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 designated 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 exotic 
        species, the commissioner shall: 
           (1) adopt a rule under section 84D.12, subdivision 3, 
        designating the species as a prohibited exotic 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 exotic species, the commissioner 
        shall: 
           (1) adopt a rule under section 84D.12, subdivision 3, 
        designating the species as an unregulated 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 exotic species, the commissioner shall 
        notify the applicant that the species is subject to the 
        requirements in section 84D.07. 
           Sec. 7.  [84D.07] [REGULATED EXOTIC SPECIES.] 
           Except as provided in rules adopted under section 84D.12, 
        subdivision 2, clause (1), a person may not introduce a 
        regulated exotic species without a permit issued by the 
        commissioner. 
           Sec. 8.  [84D.08] [ESCAPE OF EXOTIC SPECIES.] 
           (a) A person that allows or causes the introduction of an 
        animal that is a prohibited, regulated, or unlisted exotic 
        species shall, within 48 hours after learning of the 
        introduction, notify the commissioner, a conservation officer, 
        or another person designated by the commissioner.  The person 
        shall make every reasonable attempt to recapture or destroy the 
        introduced animal.  If the animal is a prohibited exotic 
        species, the person is liable for the actual costs incurred by 
        the department in capturing or controlling, or attempting to 
        capture or control, the animal and its progeny.  If the animal 
        is a regulated exotic species, the person is liable for these 
        costs if the introduction was in violation of the person's 
        permit issued under section 84D.11. 
           (b) A person that complies with this section is not subject 
        to criminal penalties under section 84D.13 for the introduction. 
           Sec. 9.  [84D.09] [AQUATIC MACROPHYTES.] 
           Subdivision 1.  [TRANSPORTATION PROHIBITED.] A person may 
        not transport aquatic macrophytes on any state forest road as 
        defined by section 89.001, subdivision 14, any road or highway 
        as defined in section 160.02, subdivision 7, or any other public 
        road, except as provided in this section. 
           Subd. 2.  [EXCEPTIONS.] Unless otherwise prohibited by law, 
        a person may transport aquatic macrophytes: 
           (1) that are duckweeds in the family Lemnaceae; 
           (2) for disposal as part of a harvest or control activity 
        conducted under an aquatic plant management permit pursuant to 
        section 103G.615, under permit pursuant to section 84D.11, or as 
        specified by the commissioner; 
           (3) for purposes of constructing shooting or observation 
        blinds in amounts sufficient for that purpose, provided that the 
        aquatic macrophytes are emergent and cut above the waterline; 
           (4) when legally purchased or traded by or from commercial 
        or hobbyist sources for aquarium or ornamental purposes; 
           (5) when harvested for personal use if in a motor vehicle; 
           (6) to the department, or another destination as the 
        commissioner may direct, in a sealed container for purposes of 
        identifying a species or reporting the presence of a species; 
           (7) when transporting a commercial aquatic plant harvester 
        to a suitable location for purposes of cleaning any remaining 
        aquatic macrophytes; 
           (8) that are wild rice harvested under section 84.091; or 
           (9) 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. 10.  [84D.10] [PROHIBITED ACT; WATERCRAFT.] 
           A person may not place or attempt to place into waters of 
        the state a watercraft, a trailer, or plant harvesting equipment 
        that has aquatic macrophytes, zebra mussels, or prohibited 
        exotic species attached.  A conservation officer or other 
        licensed peace officer may order: 
           (1) the removal of aquatic macrophytes or prohibited exotic 
        species from a trailer or watercraft before it is placed into 
        waters of the state; 
           (2) confinement of the watercraft at a mooring, dock, or 
        other location until the watercraft is removed from the water; 
        and 
           (3) removal of a watercraft from waters of the state to 
        remove prohibited exotic species if the water has not been 
        designated by the commissioner as being infested with that 
        species. 
           Sec. 11.  [84D.11] [PERMITS.] 
           Subdivision 1.  [PROHIBITED EXOTIC SPECIES.] The 
        commissioner may issue a permit for the propagation, possession, 
        importation, purchase, or transport of a prohibited exotic 
        species for the purposes of disposal, control, research, or 
        education. 
           Subd. 2.  [REGULATED EXOTIC SPECIES.] The commissioner may 
        issue a permit for the introduction of a regulated exotic 
        species. 
           Subd. 3.  [STANDARD.] The commissioner may issue a permit 
        under this section only if the commissioner determines that the 
        permitted activity would not pose an unreasonable risk of harm 
        to natural resources or their use in the state.  The 
        commissioner may deny, issue with conditions, modify, or revoke 
        a permit under this section as necessary to ensure that the 
        proposed activity will not pose an unreasonable risk of harm to 
        natural resources or their use in the state. 
           Subd. 4.  [APPEAL OF PERMIT DECISION.] A permit decision 
        may be appealed as a contested case under chapter 14. 
           Sec. 12.  [84D.12] [RULES.] 
           Subdivision 1.  [REQUIRED RULES.] The commissioner shall 
        adopt rules: 
           (1) designating prohibited, regulated, and unregulated 
        exotic species; 
           (2) governing the application for and issuance of permits 
        under this chapter, which rules may include a fee schedule; 
           (3) governing notification under section 84D.08; and 
           (4) designating, and governing the marking and use of, 
        limited infestations of Eurasian water milfoil. 
           Subd. 2.  [AUTHORIZED RULES.] The commissioner may adopt 
        rules: 
           (1) regulating the possession, importation, purchase, sale, 
        propagation, transport, and introduction of harmful exotic 
        species; and 
           (2) regulating the appropriation, use, and transportation 
        of water from infested waters. 
           Subd. 3.  [EXPEDITED RULES.] The commissioner may adopt 
        rules under section 84.027, subdivision 13, that designate:  
           (1) prohibited exotic species; 
           (2) regulated exotic species; 
           (3) unregulated exotic species; 
           (4) limited infestations of Eurasian water milfoil; and 
           (5) infested waters. 
           Sec. 13.  [84D.13] [ENFORCEMENT; PENALTIES.] 
           Subdivision 1.  [ENFORCEMENT.] Unless otherwise provided, 
        this chapter and rules adopted under section 84D.12 may be 
        enforced by conservation officers under sections 97A.205, 
        97A.211, and 97A.221 and by other licensed peace officers. 
           Subd. 2.  [CUMULATIVE REMEDY.] The authority of 
        conservation officers to issue civil 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. 
           Subd. 3.  [CRIMINAL PENALTIES.] (a) A person who violates a 
        provision of section 84D.05, 84D.06, 84D.07, 84D.08, or 84D.10, 
        or a rule adopted under section 84D.12, is guilty of a 
        misdemeanor. 
           (b) A person who refuses to obey an order of a peace 
        officer or conservation officer to remove prohibited exotic 
        species or aquatic macrophytes from any watercraft, trailer, or 
        plant harvesting equipment is guilty of a misdemeanor. 
           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 exotic 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 prohibited exotic species attached; 
           (3) unlawfully angles, anchors, or operates a watercraft in 
        a marked area of a Eurasian water milfoil limited infestation; 
        or 
           (4) intentionally damages, moves, removes, or sinks a buoy 
        marking, as prescribed by rule, Eurasian water milfoil. 
           Subd. 5.  [CIVIL PENALTIES.] A civil citation issued under 
        this section may impose civil penalties up to 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 7, or any other public 
        road, $50; 
           (2) for placing or attempting to place into waters of the 
        state a watercraft, a trailer, or plant harvesting equipment 
        that has aquatic macrophytes attached, $100; 
           (3) for transporting a prohibited exotic species other than 
        an aquatic macrophyte, $100; 
           (4) for placing or attempting to place into waters of the 
        state a watercraft, a trailer, or plant harvesting equipment 
        that has prohibited exotic species attached when the waters are 
        not designated by the commissioner as being infested with that 
        species, $500 for the first offense and $1,000 for each 
        subsequent offense; 
           (5) for angling, anchoring, or operating a watercraft in a 
        marked area of a Eurasian water milfoil limited infestation, 
        other than as provided by law, $100; and 
           (6) for intentionally damaging, moving, removing, or 
        sinking a buoy marking, as prescribed by rule, Eurasian water 
        milfoil, $100. 
           Subd. 6.  [WATERCRAFT LICENSE SUSPENSION.] A civil citation 
        may be issued to suspend, for up to a year, the watercraft 
        license of an owner or person in control of a watercraft or 
        trailer who refuses to submit to an inspection under section 
        84D.02, subdivision 4, or who refuses to comply with a removal 
        order given under section 84D.13. 
           Subd. 7.  [SATISFACTION OF CIVIL PENALTIES.] A civil 
        penalty is due and a watercraft license suspension is effective 
        30 days after issuance of the civil citation.  A civil penalty 
        collected under this section is payable to the commissioner and 
        must be credited to the water recreation account. 
           Subd. 8.  [APPEAL OF CIVIL CITATIONS AND PENALTIES.] A 
        civil citation and penalty may be appealed under the procedures 
        in section 116.072, subdivision 6, if the person to whom the 
        citation was issued 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. 
           Sec. 14.  [84D.14] [CERTAIN SPECIES NOT SUBJECT TO CHAPTER.] 
           This chapter does not apply to: 
           (1) pathogens and terrestrial arthropods regulated under 
        sections 18.44 to 18.61; or 
           (2) mammals and birds defined by statute as livestock. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Sections 1 to 14 are effective May 1, 1996. 
                                   ARTICLE 2 
                             CONFORMING AMENDMENTS 
           Section 1.  Minnesota Statutes 1995 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, to prohibit or 
        allow taking of wild animals to protect a species, and to 
        prohibit or allow importation, transportation, or possession of 
        a wild animal; and 
           (2) sections 84.093, 84.14, 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 designate prohibited exotic species, 
        regulated exotic species, unregulated exotic species, limited 
        infestations of Eurasian water milfoil, and infested waters. 
           Clause (2) does not limit or supersede the commissioner's 
        authority to establish opening dates, days, and hours of the 
        wild rice harvesting season under section 84.14, subdivision 3. 
           (b) If conditions exist that do not allow the commissioner 
        to comply with sections 97A.0451 to 97A.0459, 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 commission to 
        review administrative rules, and complying with section 
        97A.0459, and including a statement of the emergency conditions 
        and a copy of the rule in the notice.  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 adopted. 
           Sec. 2.  Minnesota Statutes 1994, section 97A.105, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE REQUIREMENTS.] (a) A person may 
        breed and propagate fur-bearing animals, game birds, bear, 
        moose, elk, caribou, mute swans, or deer only on privately owned 
        or leased land and after obtaining a license.  Any of the 
        permitted animals on a game farm may be sold to other licensed 
        game farms.  "Privately owned or leased land" includes waters 
        that are shallow or marshy, are not actually navigable, and are 
        not of substantial beneficial public use.  Before an application 
        for a license is considered, the applicant must enclose the area 
        to sufficiently confine the animals to be raised in a manner 
        approved by the commissioner.  A license may be granted only if 
        the commissioner finds the application is made in good faith 
        with intention to actually carry on the business described in 
        the application and the commissioner determines that the 
        facilities are adequate for the business.  
           (b) A person may purchase live game birds or their eggs 
        without a license if the birds or eggs, or birds hatched from 
        the eggs, are released into the wild, consumed, or processed for 
        consumption within one year after they were purchased or 
        hatched.  This paragraph does not apply to the purchase of 
        migratory waterfowl or their eggs. 
           (c) A person may not introduce mute swans into the wild 
        without a permit issued by the commissioner. 
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        97A.205, is amended to read: 
           97A.205 [ENFORCEMENT OFFICER POWERS.] 
           An enforcement officer is authorized to:  
           (1) execute and serve court issued warrants and processes 
        relating to wild animals, wild rice, public waters, water 
        pollution, conservation, and use of water, in the same manner as 
        a constable or sheriff; 
           (2) enter any land to carry out the duties and functions of 
        the division; 
           (3) make investigations of violations of the game and fish 
        laws; 
           (4) take an affidavit, if it aids an investigation; 
           (5) arrest, without a warrant, a person who is detected in 
        the actual violation of the game and fish laws, a provision of 
        chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G, 
        sections 86B.001 to 86B,815, 89.51 to 89.61; or 609.66, 
        subdivision 1, clauses (1), (2), (5), and (7); and 609.68; and 
           (6) take an arrested person before a court in the county 
        where the offense was committed and make a complaint. 
           Nothing in this section grants an enforcement officer any 
        greater powers than other licensed peace officers.  
           Sec. 4.  Minnesota Statutes 1994, section 97A.211, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE TO APPEAR IN COURT.] (a) A person 
        must be given notice to appear in court for a misdemeanor 
        violation of the game and fish laws; chapter 84, 84D, 103E, or 
        103G; sections 103F.201 to 103F.221; or section 103F.601 or 
        609.68 if: 
           (1) the person is arrested and is released from custody 
        prior to appearing before a court; or 
           (2) the person is subject to a lawful arrest and is not 
        arrested because it reasonably appears to the enforcement 
        officer that arrest is unnecessary to prevent further criminal 
        conduct and that there is a substantial likelihood that the 
        person will respond to a notice.  
           (b) The enforcement officer shall prepare, in 
        quadruplicate, a written notice to appear in court.  The notice 
        must be in the form and has the effect of a summons and 
        complaint.  The notice must contain the name and address of the 
        person charged, the offense, and the time and the place to 
        appear in court.  The court must have jurisdiction within the 
        county where the offense is alleged to have been committed.  
           Sec. 5.  Minnesota Statutes 1994, section 97A.211, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RELEASE AFTER ARREST.] A person arrested for a 
        misdemeanor violation of the game and fish laws; chapter 84, 
        84D, 103E, or 103G; sections 103F.201 to 103F.221; or section 
        103F.601 or 609.68 may obtain release by signing the written 
        notice prepared by the arresting officer promising to appear in 
        court.  The officer shall deliver a copy marked "SUMMONS" to the 
        person arrested.  The officer must then release the person from 
        custody. 
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        97A.221, subdivision 1, is amended to read: 
           Subdivision 1.  [PROPERTY SUBJECT TO SEIZURE AND 
        CONFISCATION.] (a) An enforcement officer may seize: 
           (1) wild animals, wild rice, and other aquatic vegetation 
        taken, bought, sold, transported, or possessed in violation of 
        the game and fish laws or chapter 84 or 84D; and 
           (2) firearms, bows and arrows, nets, boats, lines, poles, 
        fishing rods and tackle, lights, lanterns, snares, traps, 
        spears, dark houses, fish houses, and wild rice harvesting 
        equipment that are used with the owner's knowledge to unlawfully 
        take or transport wild animals, wild rice, or other aquatic 
        vegetation and that have a value under $1,000 are subject to 
        this section.  
           (b) An item described in paragraph (a), clause (2), that 
        has a value of $1,000 or more is subject to the provisions of 
        section 97A.225. 
           (c) An enforcement officer must seize nets and equipment 
        unlawfully possessed within ten miles of Lake of the Woods or 
        Rainy Lake.  
           Sec. 7.  [REVISOR INSTRUCTION.] 
           In Minnesota Statutes, section 103B.551, subdivision 3, the 
        revisor of statutes shall delete the reference to section 
        103G.617 and insert a reference to section 103G.621.  In 
        Minnesota Rules, the revisor of statutes shall change the term 
        "undesirable exotic species" to "prohibited exotic species" and 
        the term "ecologically harmful exotic species" to "harmful 
        exotic species." 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 1994, sections 84.966; 84.967; 84.968, 
        subdivision 2; 84.969; 84.9692, subdivisions 3, 4, 5, and 6; and 
        103G.617; Minnesota Statutes 1995 Supplement, sections 18.316; 
        18.317; 84.968, subdivision 1; 84.9691; 84.9692, subdivisions 1, 
        1a, and 2; and 86B.401, subdivision 11, are repealed. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 to 8 are effective May 1, 1996. 
           Presented to the governor March 25, 1996 
           Signed by the governor March 27, 1996, 11:32 a.m.