2005 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 Repealed, 1999 c 92 s 11 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 and turtle, frog, and 
 crayfish harvesting 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 an infested water that is designated because it 
 contains invasive fish or invertebrates, may not be used in any 
 other waters.  If a commercial licensee operates in both an 
 infested water designated because it contains invasive fish or 
 invertebrates and other waters, all nets, traps, buoys, anchors, 
 stakes, and lines used for commercial fishing or turtle, frog, 
 or crayfish harvesting in waters not designated as infested with 
 invasive fish or invertebrates 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) All nets, traps, buoys, anchors, stakes, and lines used 
 for commercial fishing or turtle, frog, or crayfish harvesting 
 in an infested water that is designated solely because it 
 contains Eurasian water milfoil must be dried for a minimum of 
 ten days or frozen for a minimum of two days before they are 
 used in any other waters, except as provided in this paragraph.  
 Commercial licensees must notify the department's regional or 
 area fisheries office or a conservation officer before removing 
 nets or equipment from an infested water designated solely 
 because it contains Eurasian water milfoil and before resetting 
 those nets or equipment in any other waters.  Upon notification, 
 the commissioner may authorize a commercial licensee to move 
 nets or equipment to another water without freezing or drying, 
 if that water is designated as infested solely because it 
 contains Eurasian water milfoil.  

    (c) A commercial licensee must remove all aquatic 
 macrophytes from nets and other equipment when the nets and 
 equipment are removed from waters of the state. 

    (d) The commissioner shall provide a commercial licensee 
 with a current listing of designated infested waters at the time 
 that a license or permit is issued. 

    HIST: 1996 c 385 art 1 s 3; 1999 c 92 s 4,5; 2004 c 243 s 20; 
 1Sp2005 c 1 art 2 s 48