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 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 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. 2. Repealed, 1999 c 92 s 11
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 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.
Official Publication of the State of Minnesota
Revisor of Statutes