1998 Minnesota Statutes

CHAPTER 84D. Harmful exotic species

     84D.01 Definitions. 

    Subdivision 1.    Terms.  For the purposes of this 
 chapter, the following terms have the meanings given them. 

    Subd. 2.    Aquatic macrophyte.  "Aquatic macrophyte" 
 means a nonwoody plant, either a submerged, floating leafed, 
 floating, or emergent plant that naturally grows in water or 
 hydric soils. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of the department of natural resources. 

    Subd. 4.    Department.  "Department" means the 
 department of natural resources. 

    Subd. 5.    Exotic species.  "Exotic species" means a 
 wild animal species or aquatic plant species that is not a 
 native species. 

    Subd. 6.    Eurasian water milfoil.  "Eurasian water 
 milfoil" means Myriophyllum spicatum. 

    Subd. 7.    Harmful exotic species.  "Harmful exotic 
 species" means an exotic species that can naturalize and either: 

    (1) causes or may cause displacement of, or otherwise 
 threaten, native species in their natural communities; or 

    (2) threatens or may threaten natural resources or their 
 use in the state. 

    Subd. 8.    Infested waters.  "Infested waters" means 
 waters of the state designated by the commissioner under 
 sections 84D.03, subdivision 1, and 84D.12. 

    Subd. 9.    Introduction.  "Introduction" means the 
 release or escape of an exotic species into a free-living state. 

    Subd. 10.    Limited infestation of Eurasian water 
 milfoil.  "Limited infestation of Eurasian water milfoil" 
 means a body of water designated by the commissioner under 
 sections 84D.03, subdivision 2, and 84D.12. 

    Subd. 11.    Native species.  "Native species" means an 
 animal or plant species naturally present and reproducing within 
 this state or that naturally expands from its historic range 
 into this state. 

    Subd. 12.    Naturalize.  "Naturalize" means to 
 establish a self-sustaining population of exotic species in the 
 wild outside of its natural range. 

    Subd. 13.    Prohibited exotic species.  "Prohibited 
 exotic species" means a harmful exotic species that has been 
 designated as a prohibited exotic species in a rule adopted by 
 the commissioner under section 84D.12. 

    Subd. 14.    Purple loosestrife.  "Purple loosestrife" 
 means Lythrum salicaria, Lythrum virgatum, or combinations 
 thereof. 

    Subd. 15.    Regulated exotic species.  "Regulated 
 exotic species" means a harmful exotic species that has been 
 designated as a regulated exotic species in a rule adopted by 
 the commissioner under section 84D.12. 

    Subd. 16.    Transport.  "Transport" means to cause or 
 attempt to cause a species to be carried or moved into or within 
 the state, and includes accepting or receiving the species for 
 transportation or shipment.  Transport does not include the 
 unintentional transport of a species within a water of the state 
 or to a connected water of the state where the species being 
 transported is already present. 

    Subd. 17.    Unlisted exotic species.  "Unlisted exotic 
 species" means an exotic species that has not been designated as 
 a prohibited exotic species, a regulated exotic species, or an 
 unregulated exotic species in a rule adopted by the commissioner 
 under section 84D.12. 

    Subd. 18.    Unregulated exotic species.  "Unregulated 
 exotic species" means an exotic species that has been designated 
 as an unregulated exotic species in a rule adopted by the 
 commissioner under section 84D.12. 

    Subd. 19.    Watercraft.  "Watercraft" means a 
 contrivance used or designed for navigation on water and 
 includes seaplanes. 

    Subd. 20.    Waters of the state.  "Waters of the state" 
 has the meaning given in section 97A.015, subdivision 54. 

    Subd. 21.    Wild animal.  "Wild animal" means a living 
 creature, not human, wild by nature, endowed with sensation and 
 power of voluntary motion. 

    Subd. 22.    Zebra mussel.  "Zebra mussel" means a 
 species of the genus Dreissena. 

    HIST: 1996 c 385 art 1 s 1 

     84D.02 Harmful exotic species management program. 

    Subdivision 1.    Establishment.  The commissioner shall 
 establish a statewide program to prevent and curb the spread of 
 harmful exotic species.  The program must provide for 
 coordination among governmental entities and private 
 organizations to the extent practicable.  The commissioner shall 
 seek available federal funding and grants for the program. 

    Subd. 2.    Purple loosestrife and Eurasian water milfoil 
 programs.  (a) The program required in subdivision 1 must 
 include specific programs to curb the spread and manage the 
 growth of purple loosestrife and Eurasian water milfoil.  These 
 programs must include: 

    (1) compiling inventories and monitoring the growth of 
 purple loosestrife and Eurasian water milfoil in the state, for 
 which the commissioner may use volunteers; 

    (2) publication and distribution of informational materials 
 to boaters and lakeshore owners; 

    (3) cooperative research with the University of Minnesota 
 and other public and private research facilities to study the 
 use of nonchemical control methods, including biological control 
 methods; and 

    (4) managing the growth of Eurasian water milfoil and 
 purple loosestrife in coordination with appropriate local units 
 of government, special purpose districts, and lakeshore 
 associations, to include providing requested technical 
 assistance. 

    (b) The commissioners of agriculture and transportation 
 shall cooperate with the commissioner to establish, implement, 
 and enforce the purple loosestrife program. 

    Subd. 3.    Management plan.  By July 1, 1997, the 
 commissioner shall prepare a long-term plan, which may include 
 specific plans for individual species, for the statewide 
 management of harmful exotic species.  The plan must address: 

    (1) coordinated detection and prevention of accidental 
 introductions; 

    (2) coordinated dissemination of information about harmful 
 exotic species among resource management agencies and 
 organizations; 

    (3) a coordinated public education and awareness campaign; 

    (4) coordinated control of selected harmful exotic species 
 on lands and public waters; 

    (5) participation by lake associations, local citizen 
 groups, and local units of government in the development and 
 implementation of local management efforts; 

    (6) a reasonable and workable inspection requirement for 
 watercraft and equipment including those participating in 
 organized events on the waters of the state; 

    (7) the closing of points of access to infested waters, if 
 the commissioner determines it is necessary, for a total of not 
 more than seven days during the open water season for control or 
 eradication purposes; 

    (8) maintaining public accesses on infested waters to be 
 reasonably free of aquatic macrophytes; and 

    (9) notice to travelers of the penalties for violation of 
 laws relating to harmful exotic species. 

    Subd. 4.    Inspection of watercraft.  The commissioner 
 shall authorize personnel to inspect, between May 1 and October 
 15 for a minimum of 20,000 hours, watercraft and associated 
 equipment, including weed harvesters, that leave or are removed 
 from infested waters. 

    Subd. 5.    Regional cooperation.  The commissioner 
 shall seek cooperation with other states and Canadian provinces 
 for the purposes of management and control of harmful exotic 
 species. 

    Subd. 6.    Annual report.  By January 15 each year, the 
 commissioner shall submit a report on harmful exotic species to 
 the legislative committees having jurisdiction over 
 environmental and natural resource issues.  The report must 
 include: 

    (1) detailed information on expenditures for 
 administration, education, management, inspections, and 
 research; 

    (2) an analysis of the effectiveness of management 
 activities conducted in the state, including chemical control, 
 harvesting, educational efforts, and inspections; 

    (3) information on the participation of other state 
 agencies, local government units, and interest groups in control 
 efforts; 

    (4) information on management efforts in other states; 

    (5) information on the progress made in the management of 
 each species; and 

    (6) an assessment of future management needs. 

    HIST: 1996 c 385 art 1 s 2 

     84D.03 Infested waters; limited infestations of Eurasian 
  water milfoil. 

    Subdivision 1.    Infested waters.  The commissioner 
 shall designate a water of the state as an infested water if the 
 commissioner determines that the water contains a harmful exotic 
 species that could spread to other waters if use of the water 
 and related activities are not regulated to prevent this. 

    Subd. 2.    Limited infestations of Eurasian water 
 milfoil.  (a) The commissioner shall designate a water of the 
 state as a limited infestation of Eurasian water milfoil if: 

    (1) the commissioner determines that Eurasian water milfoil 
 occupies less than 20 percent of the littoral area of the water, 
 up to a maximum of ten acres; 

    (2) mechanical harvesting is not used to manage Eurasian 
 water milfoil in the water; and 

    (3) Eurasian water milfoil control is planned for the water.

    (b) The commissioner shall mark limited infestations of 
 Eurasian water milfoil in accordance with rules adopted by the 
 commissioner under section 84D.12. 

    (c) Except as provided in rules adopted under section 
 84D.12, a person may not enter a marked area of a limited 
 infestation of Eurasian water milfoil. 

    HIST: 1996 c 385 art 1 s 3 

     84D.04 Classification of exotic species. 

    Subdivision 1.    Classes.  The commissioner shall, as 
 provided in this chapter, classify exotic species according to 
 the following categories: 

    (1) prohibited exotic species, which may not be possessed, 
 imported, purchased, sold, propagated, transported, or 
 introduced except as provided in section 84D.05; 

    (2) regulated exotic species, which may not be introduced 
 except as provided in section 84D.07; 

    (3) unlisted exotic species, which are subject to the 
 classification procedure in section 84D.06; and 

    (4) unregulated exotic species, which are not subject to 
 regulation under this chapter. 

    Subd. 2.    Criteria.  The commissioner shall consider 
 the following criteria in classifying an exotic species under 
 this chapter: 

    (1) the likelihood of introduction of the species if it is 
 allowed to enter or exist in the state; 

    (2) the likelihood that the species would naturalize in the 
 state were it introduced; 

    (3) the magnitude of potential adverse impacts of the 
 species on native species and on outdoor recreation, commercial 
 fishing, and other uses of natural resources in the state; 

    (4) the ability to eradicate or control the spread of the 
 species once it is introduced in the state; and 

    (5) other criteria the commissioner deems appropriate. 

    HIST: 1996 c 385 art 1 s 4 

     84D.05 Prohibited exotic species. 

    Subdivision 1.    Prohibited activities.  A person may 
 not possess, import, purchase, sell, propagate, transport, or 
 introduce a prohibited exotic species, except: 

    (1) under a permit issued by the commissioner under section 
 84D.11; 

    (2) in the case of purple loosestrife, as provided by 
 sections 18.75 to 18.88; 

    (3) under a restricted species permit issued under section 
 17.457; 

    (4) when being transported to the department, or another 
 destination as the commissioner may direct, in a sealed 
 container for purposes of identifying the species or reporting 
 the presence of the species; 

    (5) when being transported for disposal as part of a 
 harvest or control activity under a permit issued by the 
 commissioner pursuant to section 103G.615, or as specified by 
 the commissioner; 

    (6) when the specimen has been lawfully acquired dead and, 
 in the case of plant species, all seeds are removed or are 
 otherwise secured in a sealed container; 

    (7) in the form of herbaria or other preserved specimens; 

    (8) when being removed from watercraft and equipment, or 
 caught while angling, and immediately returned to the water from 
 which they came; or 

    (9) as the commissioner may otherwise prescribe by rule. 

    Subd. 2.    Seizure.  Under section 97A.221, the 
 commissioner may seize or dispose of all specimens of prohibited 
 exotic species unlawfully possessed, imported, purchased, sold, 
 propagated, transported, or introduced in the state. 

    HIST: 1996 c 385 art 1 s 5 

     84D.06 Unlisted exotic species. 

    Subdivision 1.    Process.  After the effective date of 
 the rules adopted under section 84D.12, subdivision 1, clause 
 (1), a person may not introduce an unlisted exotic species 
 unless: 

    (1) the person has notified the commissioner in a manner 
 and form prescribed by the commissioner; 

    (2) the commissioner has made the classification 
 determination required in subdivision 2 and designated the 
 species as appropriate; and 

    (3) the introduction is allowed under the applicable 
 provisions of this chapter. 

    Subd. 2.    Classification.  (a) If the commissioner 
 determines that a species for which a notification is received 
 under subdivision 1 should be classified as a prohibited exotic 
 species, the commissioner shall: 

    (1) adopt a rule under section 84D.12, subdivision 3, 
 designating the species as a prohibited exotic species; and 

    (2) notify the person from which the notification was 
 received that the species is subject to section 84D.04. 

    (b) If the commissioner determines that a species for which 
 a notification is received under subdivision 1 should be 
 classified as an unregulated exotic species, the commissioner 
 shall: 

    (1) adopt a rule under section 84D.12, subdivision 3, 
 designating the species as an unregulated species; and 

    (2) notify the person from which the notification was 
 received that the species is not subject to regulation under 
 this chapter. 

    (c) If the commissioner determines that a species for which 
 a notification is received under subdivision 1 should be 
 classified as a regulated exotic species, the commissioner shall 
 notify the applicant that the species is subject to the 
 requirements in section 84D.07. 

    HIST: 1996 c 385 art 1 s 6 

     84D.07 Regulated exotic species. 

    Except as provided in rules adopted under section 84D.12, 
 subdivision 2, clause (1), a person may not introduce a 
 regulated exotic species without a permit issued by the 
 commissioner. 

    HIST: 1996 c 385 art 1 s 7 

     84D.08 Escape of exotic species. 

    (a) A person that allows or causes the introduction of an 
 animal that is a prohibited, regulated, or unlisted exotic 
 species shall, within 48 hours after learning of the 
 introduction, notify the commissioner, a conservation officer, 
 or another person designated by the commissioner.  The person 
 shall make every reasonable attempt to recapture or destroy the 
 introduced animal.  If the animal is a prohibited exotic 
 species, the person is liable for the actual costs incurred by 
 the department in capturing or controlling, or attempting to 
 capture or control, the animal and its progeny.  If the animal 
 is a regulated exotic species, the person is liable for these 
 costs if the introduction was in violation of the person's 
 permit issued under section 84D.11. 

    (b) A person that complies with this section is not subject 
 to criminal penalties under section 84D.13 for the introduction. 

    HIST: 1996 c 385 art 1 s 8 

     84D.09 Aquatic macrophytes. 

    Subdivision 1.    Transportation prohibited.  A person 
 may not transport aquatic macrophytes on any state forest road 
 as defined by section 89.001, subdivision 14, any road or 
 highway as defined in section 160.02, subdivision 7, or any 
 other public road, except as provided in this section. 

    Subd. 2.    Exceptions.  Unless otherwise prohibited by 
 law, a person may transport aquatic macrophytes: 

    (1) that are duckweeds in the family Lemnaceae; 

    (2) for disposal as part of a harvest or control activity 
 conducted under an aquatic plant management permit pursuant to 
 section 103G.615, under permit pursuant to section 84D.11, or as 
 specified by the commissioner; 

    (3) for purposes of constructing shooting or observation 
 blinds in amounts sufficient for that purpose, provided that the 
 aquatic macrophytes are emergent and cut above the waterline; 

    (4) when legally purchased or traded by or from commercial 
 or hobbyist sources for aquarium or ornamental purposes; 

    (5) when harvested for personal use if in a motor vehicle; 

    (6) to the department, or another destination as the 
 commissioner may direct, in a sealed container for purposes of 
 identifying a species or reporting the presence of a species; 

    (7) when transporting a commercial aquatic plant harvester 
 to a suitable location for purposes of cleaning any remaining 
 aquatic macrophytes; 

    (8) that are wild rice harvested under section 84.091; or 

    (9) in the form of fragments of emergent aquatic 
 macrophytes incidentally transported in or on watercraft or 
 decoys used for waterfowl hunting during the waterfowl season. 

    HIST: 1996 c 385 art 1 s 9 

     84D.10 Prohibited act; watercraft. 

    A person may not place or attempt to place into waters of 
 the state a watercraft, a trailer, or plant harvesting equipment 
 that has aquatic macrophytes, zebra mussels, or prohibited 
 exotic species attached.  A conservation officer or other 
 licensed peace officer may order: 

    (1) the removal of aquatic macrophytes or prohibited exotic 
 species from a trailer or watercraft before it is placed into 
 waters of the state; 

    (2) confinement of the watercraft at a mooring, dock, or 
 other location until the watercraft is removed from the water; 
 and 

    (3) removal of a watercraft from waters of the state to 
 remove prohibited exotic species if the water has not been 
 designated by the commissioner as being infested with that 
 species. 

    HIST: 1996 c 385 art 1 s 10 

     84D.11 Permits. 

    Subdivision 1.    Prohibited exotic species.  The 
 commissioner may issue a permit for the propagation, possession, 
 importation, purchase, or transport of a prohibited exotic 
 species for the purposes of disposal, control, research, or 
 education. 

    Subd. 2.    Regulated exotic species.  The commissioner 
 may issue a permit for the introduction of a regulated exotic 
 species. 

    Subd. 3.    Standard.  The commissioner may issue a 
 permit under this section only if the commissioner determines 
 that the permitted activity would not pose an unreasonable risk 
 of harm to natural resources or their use in the state.  The 
 commissioner may deny, issue with conditions, modify, or revoke 
 a permit under this section as necessary to ensure that the 
 proposed activity will not pose an unreasonable risk of harm to 
 natural resources or their use in the state. 

    Subd. 4.    Appeal of permit decision.  A permit 
 decision may be appealed as a contested case under chapter 14. 

    HIST: 1996 c 385 art 1 s 11 

     84D.12 Rules. 

    Subdivision 1.    Required rules.  The commissioner 
 shall adopt rules: 

    (1) designating prohibited, regulated, and unregulated 
 exotic species; 

    (2) governing the application for and issuance of permits 
 under this chapter, which rules may include a fee schedule; 

    (3) governing notification under section 84D.08; and 

    (4) designating, and governing the marking and use of, 
 limited infestations of Eurasian water milfoil. 

    Subd. 2.    Authorized rules.  The commissioner may 
 adopt rules: 

    (1) regulating the possession, importation, purchase, sale, 
 propagation, transport, and introduction of harmful exotic 
 species; and 

    (2) regulating the appropriation, use, and transportation 
 of water from infested waters. 

    Subd. 3.    Expedited rules.  The commissioner may adopt 
 rules under section 84.027, subdivision 13, that designate:  

    (1) prohibited exotic species; 

    (2) regulated exotic species; 

    (3) unregulated exotic species; 

    (4) limited infestations of Eurasian water milfoil; and 

    (5) infested waters. 

    HIST: 1996 c 385 art 1 s 12 

     84D.13 Enforcement; penalties. 

    Subdivision 1.    Enforcement.  Unless otherwise 
 provided, this chapter and rules adopted under section 84D.12 
 may be enforced by conservation officers under sections 97A.205, 
 97A.211, and 97A.221 and by other licensed peace officers. 

    Subd. 2.    Cumulative remedy.  The authority of 
 conservation officers to issue civil citations is in addition to 
 other remedies available under law, except that the state may 
 not seek penalties under any other provision of law for the 
 incident subject to the citation. 

    Subd. 3.    Criminal penalties.  (a) A person who 
 violates a provision of section 84D.05, 84D.06, 84D.07, 84D.08, 
 or 84D.10, or a rule adopted under section 84D.12, is guilty of 
 a misdemeanor. 

    (b) A person who refuses to obey an order of a peace 
 officer or conservation officer to remove prohibited exotic 
 species or aquatic macrophytes from any watercraft, trailer, or 
 plant harvesting equipment is guilty of a misdemeanor. 

    Subd. 4.    Warnings; civil citations.  After 
 appropriate training, conservation officers, other licensed 
 peace officers, and other department personnel designated by the 
 commissioner may issue warnings or citations to a person who: 

    (1) unlawfully transports prohibited exotic species or 
 aquatic macrophytes; 

    (2) unlawfully places or attempts to place into waters of 
 the state a trailer, a watercraft, or plant harvesting equipment 
 that has prohibited exotic species attached; 

    (3) unlawfully angles, anchors, or operates a watercraft in 
 a marked area of a Eurasian water milfoil limited infestation; 
 or 

    (4) intentionally damages, moves, removes, or sinks a buoy 
 marking, as prescribed by rule, Eurasian water milfoil. 

    Subd. 5.    Civil penalties.  A civil citation issued 
 under this section may impose civil penalties up to the 
 following penalty amounts: 

    (1) for transporting aquatic macrophytes on a forest road 
 as defined by section 89.001, subdivision 14, road or highway as 
 defined by section 160.02, subdivision 7, or any other public 
 road, $50; 

    (2) for placing or attempting to place into waters of the 
 state a watercraft, a trailer, or plant harvesting equipment 
 that has aquatic macrophytes attached, $100; 

    (3) for transporting a prohibited exotic species other than 
 an aquatic macrophyte, $100; 

    (4) for placing or attempting to place into waters of the 
 state a watercraft, a trailer, or plant harvesting equipment 
 that has prohibited exotic species attached when the waters are 
 not designated by the commissioner as being infested with that 
 species, $500 for the first offense and $1,000 for each 
 subsequent offense; 

    (5) for angling, anchoring, or operating a watercraft in a 
 marked area of a Eurasian water milfoil limited infestation, 
 other than as provided by law, $100; and 

    (6) for intentionally damaging, moving, removing, or 
 sinking a buoy marking, as prescribed by rule, Eurasian water 
 milfoil, $100. 

    Subd. 6.    Watercraft license suspension.  A civil 
 citation may be issued to suspend, for up to a year, the 
 watercraft license of an owner or person in control of a 
 watercraft or trailer who refuses to submit to an inspection 
 under section 84D.02, subdivision 4, or who refuses to comply 
 with a removal order given under section 84D.13. 

    Subd. 7.    Satisfaction of civil penalties.  A civil 
 penalty is due and a watercraft license suspension is effective 
 30 days after issuance of the civil citation.  A civil penalty 
 collected under this section is payable to the commissioner and 
 must be credited to the water recreation account. 

    Subd. 8.    Appeal of civil citations and penalties.  A 
 civil citation and penalty may be appealed under the procedures 
 in section 116.072, subdivision 6, if the person to whom the 
 citation was issued requests a hearing by notifying the 
 commissioner within 15 days after receipt of the citation.  If a 
 hearing is not requested within the 15-day period, the citation 
 becomes a final order not subject to further review. 

    HIST: 1996 c 385 art 1 s 13 

     84D.14 Exemptions. 

    This chapter does not apply to: 

    (1) pathogens and terrestrial arthropods regulated under 
 sections 18.44 to 18.61; or 

    (2) mammals and birds defined by statute as livestock. 

    HIST: 1996 c 385 art 1 s 14