Minnesota Administrative Rules

6280.0550 COMMERCIAL HARVEST OF AQUATIC PLANTS.

Subpart 1.

Permit required.

A person must have a commercial harvest permit to commercially harvest aquatic plants from public waters, except for wild rice, which is regulated under chapter 6284 and Minnesota Statutes, chapter 84.

Subp. 2.

Commercial harvest permit application.

A person may apply for a commercial harvest permit on forms provided by the commissioner. An applicant for a permit to commercially harvest aquatic plants in waters with no public access must provide documentation of legal access to the waters requested on the permit, including contact information for the owner of the access. The commissioner shall require an applicant to complete an aquatic plant workshop before issuing a commercial harvest permit and may require follow-up workshops as needed to update permittees on new regulations or other relevant issues.

Subp. 3.

Commercial harvest permit conditions.

The commissioner may specify conditions for commercial harvest permits to avoid or minimize harm to aquatic resources, including restrictions on the amount and species of plants harvested, location and timing of harvest, and method of harvest. A commercial harvest permit is valid for one year and may not be transferred to another person.

Subp. 4.

Criteria for issuing commercial harvest permits.

The commissioner shall consider the relevant criteria in part 6280.0250, subpart 3a, when determining whether to approve or deny a commercial harvest permit. The commissioner shall deny a commercial harvest permit application in waters that are infested with prohibited or regulated invasive species under chapter 6216 and Minnesota Statutes, chapter 84D, unless it is feasible and practical to apply permit conditions that would prevent the spread of invasive species. The commissioner shall deny a commercial harvest permit application in waters where there is not enough information on the aquatic plant community to make an informed decision.

Subp. 5.

Annual report.

The commissioner shall require the holder of a commercial harvest permit to report, no later than December 31 of each year, on the forms provided, information on permitted operations. Failure to report is grounds for refusing to issue such permits in the future.

Statutory Authority:

MS s 103G.615

History:

33 SR 1721

Published Electronically:

April 15, 2009