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86B.820 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 86B.820 to
86B.920.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of natural resources.
    Subd. 3. Dealer. "Dealer" means a person who: (1) is in the business of manufacturing,
distributing, selling, or purchasing new or used watercraft; (2) has an established place of
business for the sale, trade, and display of watercraft; and (3) possesses watercraft for the purpose
of sale or trade.
    Subd. 4. Department. "Department" means the Department of Natural Resources.
    Subd. 5. Deputy registrar. "Deputy registrar" means a person appointed or hired by the
commissioner of public safety under section 168.33.
    Subd. 6. Manufacturer. "Manufacturer" means a person engaged in the business of
constructing or assembling watercraft required to have a certificate of title.
    Subd. 7. Manufacturer's or importer's certificate of origin. "Manufacturer's or importer's
certificate of origin" means a certificate with the authorized signature of the manufacturer or
importer of a watercraft, describing and identifying the watercraft, giving the name and address of
the person to whom the watercraft is first sold by the manufacturer or importer, and containing
executed assignments of the watercraft to an applicant for a certificate of title on the watercraft in
this state.
    Subd. 8. Owner. "Owner" means a person, other than a secured party, having the title to a
watercraft. "Owner" includes a person entitled to use or possess the watercraft, subject to a security
interest in another person, reserved or created by agreement and securing payment of performance
of an obligation, but "owner" does not include a lessee under a lease not intended as security.
    Subd. 9. Person. "Person" means an individual, firm, partnership, association, corporation,
or governmental organization.
    Subd. 10. Secured party. "Secured party" means a secured party as defined in section
336.9-102(a)(72), having a security interest in a watercraft and includes a lienholder.
    Subd. 11. Security agreement. "Security agreement" has the meaning given it in section
336.9-102(a)(73).
    Subd. 12. Security interest. "Security interest" has the meaning given it in section
336.1-201(b)(35), and includes statutory liens for which lien statements are filed.
    Subd. 13. Titled watercraft. "Titled watercraft" means a watercraft required to have a
certificate of title under section 86B.825, subdivision 1; a watercraft for which a certificate of
title has been issued under section 86B.825, subdivision 3; or a watercraft previously issued a
certificate of title or similar document from another jurisdiction.
    Subd. 14. Watercraft. "Watercraft" means a device used or designed for navigation on
water that is greater than 16 feet in length, as defined in section 86B.005, subdivision 6, but
does not include:
(1) a row-type fishing boat of single hull construction, with oar locks and an outboard motor
capacity rating of less than 40 horsepower;
(2) a canoe;
(3) a kayak;
(4) a rowing shell or scull;
(5) a ship's lifeboat;
(6) a vessel of at least five net tons measured in Code of Federal Regulations, title 46, part
69, that is documented under Code of Federal Regulations, title 46, subpart 67.01; or
(7) a seaplane.
    Subd. 15. Waters of this state. "Waters of this state" means waters capable of substantial
public use and waters to which the public has access, that are within the territorial limits of this
state, including boundary waters.
History: 1989 c 335 art 1 s 222; 1990 c 391 art 10 s 3; 1993 c 310 s 4; 2001 c 185 s 20;
2001 c 195 art 2 s 3,4; 2004 c 162 art 3 s 5

Official Publication of the State of Minnesota
Revisor of Statutes