2004 Minnesota Statutes

     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 Repealed, 1999 c 92 s 11 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. 

    HIST: 1996 c 385 art 1 s 3; 1999 c 92 s 4,5; 2004 c 243 s 20