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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 243-H.F.No. 2363 
                  An act relating to natural resources; modifying 
                  provisions for the control of invasive and nonnative 
                  species; providing criminal and civil penalties; 
                  requiring rulemaking; amending Minnesota Statutes 
                  2002, sections 17.4982, subdivision 18a; 84D.01, 
                  subdivisions 6, 9, 12, 13, 15, 17, 18, by adding 
                  subdivisions; 84D.02, subdivisions 1, 3, 4, 5, 6; 
                  84D.03; 84D.04; 84D.05; 84D.06; 84D.07; 84D.08; 
                  84D.09, subdivision 2; 84D.10, subdivisions 1, 3; 
                  84D.11, subdivisions 1, 2, 2a; 84D.12; 84D.13, 
                  subdivisions 3, 4, 5; 86B.415, subdivision 7; 97C.821; 
                  Minnesota Statutes 2003 Supplement, sections 18.78, 
                  subdivision 2; 84.027, subdivision 13; 84D.14; 
                  repealing Minnesota Statutes 2002, section 84D.01, 
                  subdivisions 5, 7; Minnesota Rules, part 6216.0400, 
                  subpart 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 17.4982, 
        subdivision 18a, is amended to read: 
           Subd. 18a.  [NONINDIGENOUS SPECIES.] "Nonindigenous 
        species" means a species of fish or other aquatic life that is: 
           (1) not known to have been historically present in the 
        state; 
           (2) not known to be naturally occurring in a particular 
        part of the state; or 
           (3) designated by rule as a prohibited or restricted exotic 
        regulated invasive species. 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 18.78, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 
        nonfederal lands underlying public waters or wetlands designated 
        under section 103G.201 is not required to control or eradicate 
        purple loosestrife below the ordinary high water level of the 
        public water or wetland.  The commissioner of natural resources 
        is responsible for control and eradication of purple loosestrife 
        on public waters and wetlands designated under section 103G.201, 
        except those located upon lands owned in fee title or managed by 
        the United States.  The officers, employees, agents, and 
        contractors of the commissioner of natural resources may enter 
        upon public waters and wetlands designated under section 
        103G.201 and, after providing notification to the occupant or 
        owner of the land, may cross adjacent lands as necessary for the 
        purpose of investigating purple loosestrife infestations, 
        formulating methods of eradication, and implementing control and 
        eradication of purple loosestrife.  The commissioner of natural 
        resources shall, by June 1 of each year, compile a priority list 
        of purple loosestrife infestations to be controlled with 
        herbicides in designated public waters.  The commissioner of 
        natural resources must distribute the list to county 
        agricultural inspectors, local weed inspectors, and their 
        appointed agents.  The commissioner of natural resources shall 
        control listed purple loosestrife infestations in priority order 
        within the limits of appropriations provided funding allocated 
        for that purpose.  This procedure shall be the exclusive means 
        for control of purple loosestrife on designated public waters by 
        the commissioner of natural resources and shall supersede the 
        other provisions for control of noxious weeds set forth 
        elsewhere in this chapter.  The responsibility of the 
        commissioner of natural resources to control and eradicate 
        purple loosestrife on public waters and wetlands located on 
        private lands and the authority to enter upon private lands ends 
        ten days after receipt by the commissioner of a written 
        statement from the landowner that the landowner assumes all 
        responsibility for control and eradication of purple loosestrife 
        under sections 18.78 to 18.88.  State officers, employees, 
        agents, and contractors of the commissioner of natural resources 
        are not liable in a civil action for trespass committed in the 
        discharge of their duties under this section and are not liable 
        to anyone for damages, except for damages arising from gross 
        negligence. 
           Sec. 3.  Minnesota Statutes 2003 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, to prevent or 
        control wildlife disease, 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 invasive 
        species, regulated exotic invasive species, unregulated exotic 
        nonnative species, 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. 4.  Minnesota Statutes 2002, section 84D.01, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [AQUATIC PLANT.] "Aquatic plant" means a plant, 
        including algae and submerged, floating leafed, floating, or 
        emergent plants, that naturally grows in water, saturated soils, 
        or seasonally saturated soils. 
           Sec. 5.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [EURASIAN WATER MILFOIL.] "Eurasian water 
        milfoil" means Myriophyllum spicatum and its hybrids. 
           Sec. 6.  Minnesota Statutes 2002, section 84D.01, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [INTRODUCE.] "Introduce" means to place, 
        release, or allow the escape of a nonnative species into a 
        free-living state. 
           Sec. 7.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 9, is amended to read: 
           Subd. 9.  [INTRODUCTION.] "Introduction" means the 
        placement, release, or escape of an exotic a nonnative species 
        into a free-living state. 
           Sec. 8.  Minnesota Statutes 2002, section 84D.01, is 
        amended by adding a subdivision to read: 
           Subd. 9a.  [INVASIVE SPECIES.] "Invasive species" means a 
        nonnative species that can naturalize and: 
           (1) causes or may cause economic or environmental harm or 
        harm to human health; or 
           (2) threatens or may threaten natural resources or the use 
        of natural resources in the state. 
           Sec. 9.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 12, is amended to read: 
           Subd. 12.  [NATURALIZE.] "Naturalize" means to establish a 
        self-sustaining population of exotic nonnative species in the 
        wild outside of its natural range. 
           Sec. 10.  Minnesota Statutes 2002, section 84D.01, is 
        amended by adding a subdivision to read: 
           Subd. 12a.  [NONNATIVE SPECIES.] "Nonnative species" means 
        a species that is not a native species. 
           Sec. 11.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 13, is amended to read: 
           Subd. 13.  [PROHIBITED EXOTIC INVASIVE SPECIES.] 
        "Prohibited exotic invasive species" means a harmful exotic an 
        invasive species that has been designated as a prohibited exotic 
        invasive species in a rule adopted by the commissioner under 
        section 84D.12. 
           Sec. 12.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 15, is amended to read: 
           Subd. 15.  [REGULATED EXOTIC INVASIVE SPECIES.] "Regulated 
        exotic invasive species" means a harmful exotic an invasive 
        species that has been designated as a regulated exotic invasive 
        species in a rule adopted by the commissioner under section 
        84D.12. 
           Sec. 13.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 17, is amended to read: 
           Subd. 17.  [UNLISTED EXOTIC NONNATIVE SPECIES.] "Unlisted 
        exotic nonnative species" means an exotic a nonnative species 
        that has not been designated as a prohibited exotic invasive 
        species, a regulated exotic invasive species, or an 
        unregulated exotic nonnative species in a rule adopted by the 
        commissioner under section 84D.12. 
           Sec. 14.  Minnesota Statutes 2002, section 84D.01, 
        subdivision 18, is amended to read: 
           Subd. 18.  [UNREGULATED EXOTIC NONNATIVE SPECIES.] 
        "Unregulated exotic nonnative species" means an exotic a 
        nonnative species that has been designated as an 
        unregulated exotic nonnative species in a rule adopted by the 
        commissioner under section 84D.12. 
           Sec. 15.  Minnesota Statutes 2002, section 84D.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
        establish a statewide program to prevent and curb the spread of 
        harmful exotic invasive species of aquatic plants and wild 
        animals.  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. 
           Sec. 16.  Minnesota Statutes 2002, section 84D.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MANAGEMENT PLAN.] By July 1, 1997, The 
        commissioner shall prepare and maintain a long-term plan, which 
        may include specific plans for individual species and actions, 
        for the statewide management of harmful exotic invasive species 
        of aquatic plants and wild animals.  The plan must address: 
           (1) coordinated detection and prevention of accidental 
        introductions; 
           (2) coordinated dissemination of information about harmful 
        exotic invasive species of aquatic plants and wild animals among 
        resource management agencies and organizations; 
           (3) a coordinated public education and awareness campaign; 
           (4) coordinated control of selected harmful exotic invasive 
        species of aquatic plants and wild animals 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 invasive species of aquatic 
        plants and wild animals. 
           Sec. 17.  Minnesota Statutes 2002, section 84D.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INSPECTION OF WATERCRAFT.] The commissioner 
        shall train and authorize personnel to inspect, for a minimum of 
        20,000 10,000 hours during the open water season, watercraft and 
        associated equipment, including weed harvesters, that for 
        aquatic macrophytes and aquatic invasive species as the 
        watercraft and equipment leave or are removed from waters of the 
        state during the open water season. 
           Sec. 18.  Minnesota Statutes 2002, section 84D.02, 
        subdivision 5, is amended to read: 
           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 
        invasive species of aquatic plants and wild animals. 
           Sec. 19.  Minnesota Statutes 2002, section 84D.02, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ANNUAL REPORT.] By January 15 each year, the 
        commissioner shall submit a report on harmful exotic invasive 
        species of aquatic plants and wild animals 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) (5) an assessment of future management needs. 
           Sec. 20.  Minnesota Statutes 2002, section 84D.03, is 
        amended to read: 
           84D.03 [INFESTED WATERS; RESTRICTED ACTIVITIES.] 
           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 population of an aquatic invasive 
        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 invasive 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. 
           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 
        invasive 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, when the infested waters 
        are designated solely because they contain Eurasian water 
        milfoil and if the equipment for taking is limited to 
        cylindrical minnow traps not exceeding 16 inches in diameter and 
        32 inches in length. 
           Subd. 4.  [COMMERCIAL FISHING RESTRICTIONS IN INFESTED AND 
        NONINFESTED WATERS.] (a) All nets, traps, buoys, anchors, 
        stakes, and lines used for commercial fishing or turtle, frog, 
        or crayfish harvesting in infested waters, designated because 
        the waters contain invasive fish or invertebrates, may not be 
        used in noninfested waters.  If a commercial licensee operates 
        in both noninfested waters and infested waters designated 
        because the waters contain invasive fish or invertebrates, all 
        nets, traps, buoys, anchors, stakes, and lines used for 
        commercial fishing or turtle, frog, or crayfish harvesting in 
        noninfested waters must be tagged with tags provided by the 
        commissioner, as specified in the commercial licensee's license 
        or permit, and may not be used in infested waters designated 
        because the waters contain invasive fish or invertebrates. 
           (b) In infested waters designated solely because the waters 
        contain Eurasian water milfoil, all nets, traps, buoys, anchors, 
        stakes, and lines used for commercial fishing or turtle, frog, 
        or crayfish harvesting must be dried for a minimum of ten days 
        or frozen for a minimum of two days before they are used in 
        noninfested waters.  Commercial operators must notify the 
        department's regional or area fisheries office or a conservation 
        officer when removing nets or equipment from infested waters and 
        before resetting those nets or equipment in noninfested waters.  
        All aquatic macrophytes must be removed from nets and other 
        equipment when the nets and equipment are removed from infested 
        waters. 
           Sec. 21.  Minnesota Statutes 2002, section 84D.04, is 
        amended to read: 
           84D.04 [CLASSIFICATION OF EXOTIC NONNATIVE SPECIES.] 
           Subdivision 1.  [CLASSES.] The commissioner shall, as 
        provided in this chapter, classify exotic nonnative species of 
        aquatic plants and wild animals according to the following 
        categories: 
           (1) prohibited exotic invasive species, which may not be 
        possessed, imported, purchased, sold, propagated, transported, 
        or introduced except as provided in section 84D.05; 
           (2) regulated exotic invasive species, which may not be 
        introduced except as provided in section 84D.07; 
           (3) unlisted exotic nonnative species, which are subject to 
        the classification procedure in section 84D.06; and 
           (4) unregulated exotic nonnative species, which are not 
        subject to regulation under this chapter. 
           Subd. 2.  [CRITERIA.] The commissioner shall consider the 
        following criteria in classifying an exotic a nonnative species 
        of aquatic plants or wild animals 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. 22.  Minnesota Statutes 2002, section 84D.05, is 
        amended to read: 
           84D.05 [PROHIBITED EXOTIC INVASIVE SPECIES.] 
           Subdivision 1.  [PROHIBITED ACTIVITIES.] A person may not 
        possess, import, purchase, sell, propagate, transport, or 
        introduce a prohibited exotic invasive 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 according to section 103G.615, when being 
        transported for disposal as specified under a commercial fishing 
        license issued by the commissioner according to section 97A.418, 
        97C.801, 97C.811, 97C.825, 97C.831, or 97C.835, or when being 
        transported 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 invasive species unlawfully possessed, imported, 
        purchased, sold, propagated, transported, or introduced in the 
        state. 
           Sec. 23.  Minnesota Statutes 2002, section 84D.06, is 
        amended to read: 
           84D.06 [UNLISTED EXOTIC NONNATIVE 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 nonnative aquatic 
        plant or wild animal 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 
        invasive species, the commissioner shall: 
           (1) adopt a rule under section 84D.12, subdivision 3, 
        designating the species as a prohibited exotic invasive 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 nonnative species, the 
        commissioner shall: 
           (1) adopt a rule under section 84D.12, subdivision 3, 
        designating the species as an unregulated nonnative 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 invasive species, the 
        commissioner shall notify the applicant that the species is 
        subject to the requirements in section 84D.07. 
           Sec. 24.  Minnesota Statutes 2002, section 84D.07, is 
        amended to read: 
           84D.07 [REGULATED EXOTIC INVASIVE SPECIES.] 
           Except as provided in rules adopted under section 84D.12, 
        subdivision 2, clause (1), a person may not introduce a 
        regulated exotic invasive species without a permit issued by the 
        commissioner. 
           Sec. 25.  Minnesota Statutes 2002, section 84D.08, is 
        amended to read: 
           84D.08 [ESCAPE OF EXOTIC NONNATIVE AND INVASIVE SPECIES.] 
           (a) A person that allows or causes the introduction of an 
        animal that is a prohibited invasive, regulated invasive, or 
        unlisted exotic nonnative species shall, within 48 24 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 invasive 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 invasive 
        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. 26.  Minnesota Statutes 2002, 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 
        harvesting equipment 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. 27.  Minnesota Statutes 2002, section 84D.10, 
        subdivision 1, is amended to read: 
           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 invasive 
        species attached except as provided in this section. 
           Sec. 28.  Minnesota Statutes 2002, section 84D.10, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REMOVAL AND CONFINEMENT.] A conservation officer 
        or other licensed peace officer may order: 
           (1) the removal of aquatic macrophytes or prohibited exotic 
        invasive 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 invasive species if the water has not 
        been designated by the commissioner as being infested with that 
        species. 
           Sec. 29.  Minnesota Statutes 2002, section 84D.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED EXOTIC INVASIVE SPECIES.] The 
        commissioner may issue a permit for the propagation, possession, 
        importation, purchase, or transport of a prohibited exotic 
        invasive species for the purposes of disposal, control, 
        research, or education. 
           Sec. 30.  Minnesota Statutes 2002, section 84D.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REGULATED EXOTIC INVASIVE SPECIES.] The 
        commissioner may issue a permit for the introduction of a 
        regulated exotic invasive species. 
           Sec. 31.  Minnesota Statutes 2002, section 84D.11, 
        subdivision 2a, is amended 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 invasive 
        species of fish.  The permit shall include conditions necessary 
        to avoid spreading harmful exotic aquatic invasive species.  
        Before receiving a permit, a person annually must satisfactorily 
        complete harmful exotic aquatic invasive species-related 
        training provided by the commissioner. 
           Sec. 32.  Minnesota Statutes 2002, section 84D.12, is 
        amended to read: 
           84D.12 [RULES.] 
           Subdivision 1.  [REQUIRED RULES.] The commissioner shall 
        adopt rules: 
           (1) designating infested waters, prohibited invasive 
        species, regulated invasive species, and unregulated exotic 
        nonnative species of aquatic plants and wild animals; 
           (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. 
           Subd. 2.  [AUTHORIZED RULES.] The commissioner may adopt 
        rules: 
           (1) regulating the possession, importation, purchase, sale, 
        propagation, transport, and introduction of harmful exotic 
        invasive species of aquatic plants and wild animals; 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 invasive species of aquatic plants 
        and wild animals; 
           (2) regulated exotic invasive species of aquatic plants and 
        wild animals; 
           (3) unregulated exotic nonnative species of aquatic plants 
        and wild animals; and 
           (4) infested waters. 
           Sec. 33.  Minnesota Statutes 2002, section 84D.13, 
        subdivision 3, is amended to read: 
           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 possesses, transports, or introduces a 
        prohibited invasive species in violation of section 84D.05 is 
        guilty of a misdemeanor.  A person who imports, purchases, 
        sells, or propagates a prohibited invasive species in violation 
        of section 84D.05 is guilty of a gross misdemeanor. 
           (c) A person who refuses to obey an order of a peace 
        officer or conservation officer to remove prohibited exotic 
        invasive species or aquatic macrophytes from any watercraft, 
        trailer, or plant harvesting equipment is guilty of a gross 
        misdemeanor. 
           Sec. 34.  Minnesota Statutes 2002, section 84D.13, 
        subdivision 4, is amended to read: 
           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 invasive 
        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 invasive 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; 
           (4) fails to drain water, as required by rule, from 
        watercraft and equipment before leaving designated zebra mussel, 
        spiny water flea, or other invasive plankton infested waters; or 
           (5) transports infested water, in violation of rule, off 
        riparian property. 
           Sec. 35.  Minnesota Statutes 2002, section 84D.13, 
        subdivision 5, is amended to read: 
           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 26, or any other public 
        road, $50; 
           (2) for placing or attempting to place into waters of the 
        state a watercraft, a trailer, or aquatic plant harvesting 
        equipment that has aquatic macrophytes attached, $100; 
           (3) for unlawfully possessing or transporting a prohibited 
        exotic invasive species other than an aquatic 
        macrophyte, $100 $250; 
           (4) for placing or attempting to place into waters of the 
        state a watercraft, a trailer, or aquatic plant harvesting 
        equipment that has prohibited exotic invasive species attached 
        when the waters are not designated by the commissioner as being 
        infested with that invasive 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; 
           (6) for failing to drain water, as required by rule, from 
        watercraft and equipment before leaving designated zebra mussel, 
        spiny water flea, or other invasive plankton infested waters, 
        $50; and 
           (7) for transporting infested water off riparian property 
        without a permit as required by rule, $200. 
           Sec. 36.  Minnesota Statutes 2003 Supplement, section 
        84D.14, is amended to read: 
           84D.14 [EXEMPTIONS.] 
           This chapter does not apply to: 
           (1) pathogens and terrestrial arthropods regulated under 
        sections 18G.01 to 18G.16; or 
           (2) mammals and birds defined by statute as livestock. 
           Sec. 37.  Minnesota Statutes 2002, section 86B.415, 
        subdivision 7, is amended to read: 
           Subd. 7.  [WATERCRAFT SURCHARGE.] A $5 surcharge is placed 
        on each watercraft licensed under subdivisions 1 to 5 for 
        control, public awareness, law enforcement, monitoring, and 
        research of nuisance aquatic exotic invasive species such as 
        zebra mussel, purple loosestrife, and Eurasian water milfoil in 
        public waters and public wetlands.  
           Sec. 38.  Minnesota Statutes 2002, section 97C.821, is 
        amended to read: 
           97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL 
        FISH.] 
           Subject to the applicable provisions of the game and fish 
        laws, fish taken under commercial fishing licenses may be 
        possessed in any quantity, bought, sold, and transported at any 
        time.  Commercial fishing licensees may transport their catch 
        live to holding facilities, if the licensee has exclusive 
        control of the facilities.  Commercial fishing licensees may 
        harvest fish from their holding facilities at any time with 
        their licensed gear.  The commissioner may prohibit the 
        transport of live fish taken under a commercial fishing license 
        from waters that contain exotic nonnative species.  
           Sec. 39.  [REQUIRED RULEMAKING.] 
           The commissioner of natural resources shall amend Minnesota 
        Rules, part 6216.0400, subpart 1, to delete item B.  The 
        commissioner may use the procedures under Minnesota Statutes, 
        section 14.388.  Except as provided under Minnesota Statutes, 
        section 14.388, Minnesota Statutes, section 14.386, does not 
        apply. 
           Sec. 40.  [REVISOR'S INSTRUCTION.] 
           In Minnesota Rules, parts 6216.0100 to 6216.0600, the 
        revisor of statutes shall change the term in column A to the 
        term in column B: 
                    Column A                     Column B
              harmful exotic species        invasive species
              exotic species                nonnative species
              prohibited exotic species     prohibited invasive species
              regulated exotic species      regulated invasive species
              unlisted exotic species       unlisted nonnative species
              unregulated exotic species    unregulated nonnative species
              exotic species program        invasive species program
              prohibited, regulated, or     prohibited invasive species,
              unlisted exotic species       regulated invasive species,
                                            or unlisted nonnative species
           Sec. 41.  [REPEALER.] 
           Minnesota Statutes 2002, section 84D.01, subdivisions 5 and 
        7, are repealed.  Minnesota Rules, part 6216.0400, subpart 3, is 
        repealed. 
           Sec. 42.  [EFFECTIVE DATE.] 
           Sections 1 to 41 are effective June 1, 2004. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 1:15 p.m.