Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 92-S.F.No. 1528 
                  An act relating to natural resources; modifying 
                  harmful exotic species provisions; amending Minnesota 
                  Statutes 1998, sections 84.027, subdivision 13; 
                  84D.01, subdivision 2; 84D.02, subdivision 4; 84D.03, 
                  subdivision 1, and by adding a subdivision; 84D.09, 
                  subdivision 2; 84D.10; 84D.11, by adding a 
                  subdivision; and 84D.12, subdivisions 1 and 3; 
                  repealing Minnesota Statutes 1998, sections 84D.01, 
                  subdivision 10; and 84D.03, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, 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; 
           (2) sections 84.093, 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. 
           (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 coordinating 
        commission, 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 1998, section 84D.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AQUATIC MACROPHYTE.] "Aquatic macrophyte" means 
        a macroscopic nonwoody plant, either a submerged, floating 
        leafed, floating, or emergent plant that naturally grows in 
        water or hydric soils. 
           Sec. 3.  Minnesota Statutes 1998, section 84D.02, 
        subdivision 4, is amended to read: 
           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 during the open water season, 
        watercraft and associated equipment, including weed harvesters, 
        that leave or are removed from infested waters of the state. 
           Sec. 4.  Minnesota Statutes 1998, section 84D.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INFESTED WATERS; RESTRICTED 
        ACTIVITIES.] (a) 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. 
           (b) When determining which harmful exotic species comprise 
        infested waters, the commissioner shall consider: 
           (1) the extent of a species distribution within the state; 
           (2) the likely means of spread for a species; and 
           (3) whether regulations specific to infested waters 
        containing a specific species will effectively reduce that 
        species' spread. 
           (c) The presence of common carp and curly-leaf pondweed 
        shall not be the basis for designating a water as infested. 
           Sec. 5.  Minnesota Statutes 1998, section 84D.03, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [BAIT HARVEST FROM INFESTED WATERS.] (a) The 
        taking of wild animals from infested waters for bait or aquatic 
        farm purposes is prohibited, except as provided in paragraph (b).
           (b) In waters that are designated as infested waters except 
        those designated because they contain prohibited exotic species 
        of fish, the taking of wild animals may be permitted for: 
           (1) commercial taking of wild animals for bait and aquatic 
        farm purposes according to a permit issued under section 84D.11, 
        subject to rules adopted by the commissioner; and 
           (2) bait purposes for noncommercial personal use in waters 
        that contain Eurasian water milfoil. 
           Sec. 6.  Minnesota Statutes 1998, section 84D.09, 
        subdivision 2, is amended to read: 
           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, wetland or lakeshore 
        restoration, or ornamental purposes; 
           (5) when harvested for personal or commercial 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. 7.  Minnesota Statutes 1998, section 84D.10, is 
        amended to read: 
           84D.10 [PROHIBITED ACT; WATERCRAFT.] 
           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 aquatic 
        macrophytes, zebra mussels, or prohibited exotic species 
        attached except as provided in this section. 
           Subd. 2.  [EXCEPTIONS.] Unless otherwise prohibited by law, 
        a person may place into the waters of the state a watercraft or 
        trailer 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.  
           Subd. 3.  [REMOVAL AND CONFINEMENT.] 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. 8.  Minnesota Statutes 1998, section 84D.11, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [HARVEST OF BAIT FROM INFESTED WATERS.] The 
        commissioner may issue a permit to allow the harvest of bait 
        from waters that are designated as infested waters, except those 
        designated because they contain prohibited exotic species of 
        fish.  The permit shall include conditions necessary to avoid 
        spreading harmful exotic species.  Before receiving a permit, a 
        person annually must satisfactorily complete harmful exotic 
        species-related training provided by the commissioner. 
           Sec. 9.  Minnesota Statutes 1998, section 84D.12, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIRED RULES.] The commissioner shall 
        adopt rules: 
           (1) designating infested waters, 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; and 
           (3) governing notification under section 84D.08; and 
           (4) designating, and governing the marking and use of, 
        limited infestations of Eurasian water milfoil. 
           Sec. 10.  Minnesota Statutes 1998, section 84D.12, 
        subdivision 3, is amended to read: 
           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; and 
           (4) limited infestations of Eurasian water milfoil; and 
           (5) infested waters. 
           Sec. 11.  [REPEALER.] 
           Minnesota Statutes 1998, sections 84D.01, subdivision 10; 
        and 84D.03, subdivision 2, are repealed. 
           Sec. 12.  [EFFECTIVE DATE; APPLICATION.] 
           This act is effective two days after final enactment and 
        applies to any cause of action arising on or after that date. 
           Presented to the governor April 20, 1999 
           Signed by the governor April 23, 1999, 11:43 a.m.