Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes