Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
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.
Official Publication of the State of Minnesota
Revisor of Statutes