1999 Minnesota Statutes

     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