2006 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    Subd. 2.[Repealed, 1999 c 92 s 11]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.
History: 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