USA Minnesota

USA Statutes : minnesota
Title : CONSERVATION
Chapter : Invasive species
84D.01 Definitions. Subdivision 1. Terms. For the purposes of this
chapter, the following terms have the meanings given them. Subd.
2. Aquatic macrophyte. "Aquatic macrophyte" means a
macroscopic nonwoody plant, either a submerged, floating leafed,
floating, or emergent plant that naturally grows in water. Subd.
2a. Aquatic plant. "Aquatic plant" means a plant, including
algae and submerged, floating leafed, floating, or emergent plants,
that naturally grows in water, saturated soils, or seasonally
saturated soils. Subd. 3. Commissioner. "Commissioner"
means the commissioner of the Department of Natural Resources.
Subd. 4. Department. "Department" means the Department of
Natural Resources. Subd. 5. Repealed, 2004 c 243 s 41 Subd.
6. Eurasian water milfoil. "Eurasian water milfoil" means
Myriophyllum spicatum and its hybrids. Subd. 7. Repealed, 2004 c
243 s 41 Subd. 8. Infested waters. "Infested waters"
means waters of the state designated by the commissioner under
sections 84D.03,
subdivision 1, and 84D.12.Subd. 8a. Introduce. "Introduce" means to place,
release, or allow the escape of a nonnative species into a
free-living state. Subd. 9. Introduction.
"Introduction" means the placement, release, or escape of a nonnative
species into a free-living state. Subd. 9a. Invasive
species. "Invasive species" means a nonnative species that can
naturalize and: (1) causes or may cause economic or environmental
harm or harm to human health; or (2) threatens or may threaten
natural resources or the use of natural resources in the state.
Subd. 10. Repealed, 1999 c 92 s 11 Subd. 11. Native
species. "Native species" means an animal or plant species
naturally present and reproducing within this state or that naturally
expands from its historic range into this state. Subd. 12.
Naturalize. "Naturalize" means to establish a self-sustaining
population of nonnative species in the wild outside of its natural
range. Subd. 12a. Nonnative species. "Nonnative
species" means a species that is not a native species. Subd. 13.Prohibited invasive species. "Prohibited invasive species"
means an invasive species that has been designated as a prohibited
invasive species in a rule adopted by the commissioner under section
84D.12.Subd. 14. Purple loosestrife. "Purple loosestrife" means
Lythrum salicaria, Lythrum virgatum, or combinations thereof.
Subd. 15. Regulated invasive species. "Regulated invasive
species" means an invasive species that has been designated as a
regulated invasive species in a rule adopted by the commissioner
under section 84D.12.Subd. 16. Transport. "Transport" means to cause or
attempt to cause a species to be carried or moved into or within the
state, and includes accepting or receiving the species for
transportation or shipment. Transport does not include the
unintentional transport of a species within a water of the state or
to a connected water of the state where the species being transported
is already present. Subd. 17. Unlisted nonnative
species. "Unlisted nonnative species" means a nonnative species
that has not been designated as a prohibited invasive species, a
regulated invasive species, or an unregulated nonnative species in a
rule adopted by the commissioner under section 84D.12.Subd. 18. Unregulated nonnative species. "Unregulated
nonnative species" means a nonnative species that has been designated
as an unregulated nonnative species in a rule adopted by the
commissioner under section 84D.12.Subd. 19. Watercraft. "Watercraft" means a contrivance
used or designed for navigation on water and includes seaplanes.
Subd. 20. Waters of the state. "Waters of the state" has the
meaning given in section 97A.015,
subdivision 54. Subd. 21. Wild animal. "Wild animal"
means a living creature, not human, wild by nature, endowed with
sensation and power of voluntary motion. Subd. 22. Zebra
mussel. "Zebra mussel" means a species of the genus Dreissena.

84D.02 Invasive species management program for aquatic plants and wild animals. Subdivision 1. Establishment. The
commissioner shall establish a statewide program to prevent and curb
the spread of invasive species of aquatic plants and wild animals.
The program must provide for coordination among governmental entities
and private organizations to the extent practicable. The
commissioner shall seek available federal funding and grants for the
program. Subd. 2. Purple loosestrife and Eurasian water
milfoil programs. (a) The program required in subdivision 1 must
include specific programs to curb the spread and manage the growth of
purple loosestrife and Eurasian water milfoil. These programs must
include: (1) compiling inventories and monitoring the growth of
purple loosestrife and Eurasian water milfoil in the state, for which
the commissioner may use volunteers; (2) publication and
distribution of informational materials to boaters and lakeshore
owners; (3) cooperative research with the University of Minnesota
and other public and private research facilities to study the use of
nonchemical control methods, including biological control methods;
and (4) managing the growth of Eurasian water milfoil and purple
loosestrife in coordination with appropriate local units of
government, special purpose districts, and lakeshore associations, to
include providing requested technical assistance. (b) The
commissioners of agriculture and transportation shall cooperate with
the commissioner to establish, implement, and enforce the purple
loosestrife program. Subd. 3. Management plan. The
commissioner shall prepare and maintain a long-term plan, which may
include specific plans for individual species and actions, for the
statewide management of invasive species of aquatic plants and wild
animals. The plan must address: (1) coordinated detection and
prevention of accidental introductions; (2) coordinated
dissemination of information about invasive species of aquatic plants
and wild animals among resource management agencies and
organizations; (3) a coordinated public education and awareness
campaign; (4) coordinated control of selected invasive species of
aquatic plants and wild animals on lands and public waters; (5)
participation by lake associations, local citizen groups, and local
units of government in the development and implementation of local
management efforts; (6) a reasonable and workable inspection
requirement for watercraft and equipment including those
participating in organized events on the waters of the state; (7)
the closing of points of access to infested waters, if the
commissioner determines it is necessary, for a total of not more than
seven days during the open water season for control or eradication
purposes; (8) maintaining public accesses on infested waters to
be reasonably free of aquatic macrophytes; and (9) notice to
travelers of the penalties for violation of laws relating to invasive
species of aquatic plants and wild animals. Subd. 4.
Inspection of watercraft. The commissioner shall train and
authorize personnel to inspect, for a minimum of 10,000 hours during
the open water season, watercraft and associated equipment, including
weed harvesters, for aquatic macrophytes and aquatic invasive species
as the watercraft and equipment leave or are removed from waters of
the state during the open water season. Subd. 5. Regional
cooperation. The commissioner shall seek cooperation with other
states and Canadian provinces for the purposes of management and
control of invasive species of aquatic plants and wild animals.
Subd. 6. Annual report. By January 15 each year, the
commissioner shall submit a report on invasive species of aquatic
plants and wild animals to the legislative committees having
jurisdiction over environmental and natural resource issues. The
report must include: (1) detailed information on expenditures for
administration, education, management, inspections, and research;
(2) an analysis of the effectiveness of management activities
conducted in the state, including chemical control, harvesting,
educational efforts, and inspections; (3) information on the
participation of other state agencies, local government units, and
interest groups in control efforts; (4) information on the
progress made in the management of each species; and (5) an
assessment of future management needs.
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.
84D.04 Classification of nonnative species. Subdivision 1. Classes. The
commissioner shall, as provided in this chapter, classify nonnative
species of aquatic plants and wild animals according to the following
categories: (1) prohibited invasive species, which may not be
possessed, imported, purchased, sold, propagated, transported, or
introduced except as provided in section 84D.05;(2) regulated invasive species, which may not be introduced
except as provided in section 84D.07;(3) unlisted nonnative species, which are subject to the
classification procedure in section 84D.06;
and (4) unregulated nonnative species, which are not subject to
regulation under this chapter. Subd. 2. Criteria. The
commissioner shall consider the following criteria in classifying a
nonnative species of aquatic plants or wild animals under this
chapter: (1) the likelihood of introduction of the species if it
is allowed to enter or exist in the state; (2) the likelihood
that the species would naturalize in the state were it introduced;(3) the magnitude of potential adverse impacts of the species on
native species and on outdoor recreation, commercial fishing, and
other uses of natural resources in the state; (4) the ability to
eradicate or control the spread of the species once it is introduced
in the state; and (5) other criteria the commissioner deems
appropriate.
84D.05 Prohibited invasive species. Subdivision 1. Prohibited
activities. A person may not possess, import, purchase, sell,
propagate, transport, or introduce a prohibited invasive species,
except: (1) under a permit issued by the commissioner under
section 84D.11;(2) in the case of purple loosestrife, as provided by sections 18.75
to 18.88;(3) under a restricted species permit issued under section 17.457;(4) when being transported to the department, or another
destination as the commissioner may direct, in a sealed container for
purposes of identifying the species or reporting the presence of the
species; (5) when being transported for disposal as part of a
harvest or control activity under a permit issued by the commissioner
according to section 103G.615,
when being transported for disposal as specified under a commercial
fishing license issued by the commissioner according to section 97A.418,
97C.801,
97C.811,
97C.825,
97C.831,
or 97C.835,
or when being transported as specified by the commissioner; (6)
when the specimen has been lawfully acquired dead and, in the case of
plant species, all seeds are removed or are otherwise secured in a
sealed container; (7) in the form of herbaria or other preserved
specimens; (8) when being removed from watercraft and equipment,
or caught while angling, and immediately returned to the water from
which they came; or (9) as the commissioner may otherwise
prescribe by rule. Subd. 2. Seizure. Under section 97A.221,
the commissioner may seize or dispose of all specimens of prohibited
invasive species unlawfully possessed, imported, purchased, sold,
propagated, transported, or introduced in the state.
84D.06 Unlisted nonnative species. Subdivision 1. Process. A person
may not introduce an unlisted nonnative aquatic plant or wild animal
species unless: (1) the person has notified the commissioner in a
manner and form prescribed by the commissioner; (2) the
commissioner has made the classification determination required in
subdivision 2 and designated the species as appropriate; and (3)
the introduction is allowed under the applicable provisions of this
chapter. Subd. 2. Classification. (a) If the
commissioner determines that a species for which a notification is
received under subdivision 1 should be classified as a prohibited
invasive species, the commissioner shall: (1) adopt a rule under
section 84D.12,
subdivision 3, designating the species as a prohibited invasive
species; and (2) notify the person from which the notification
was received that the species is subject to section 84D.04.(b) If the commissioner determines that a species for which a
notification is received under subdivision 1 should be classified as
an unregulated nonnative species, the commissioner shall: (1)
adopt a rule under section 84D.12,
subdivision 3, designating the species as an unregulated nonnative
species; and (2) notify the person from which the notification
was received that the species is not subject to regulation under this
chapter. (c) If the commissioner determines that a species for
which a notification is received under subdivision 1 should be
classified as a regulated invasive species, the commissioner shall
notify the applicant that the species is subject to the requirements
in section 84D.07.

84D.07 Regulated invasive species. Except as provided in rules adopted under
section 84D.12,
subdivision 2, clause (1), a person may not introduce a regulated
invasive species without a permit issued by the commissioner. 84D.08 Escape of nonnative and invasive species. (a) A person that allows or
causes the introduction of an animal that is a prohibited invasive,
regulated invasive, or unlisted nonnative species shall, within 24
hours after learning of the introduction, notify the commissioner, a
conservation officer, or another person designated by the
commissioner. The person shall make every reasonable attempt to
recapture or destroy the introduced animal. If the animal is a
prohibited invasive species, the person is liable for the actual
costs incurred by the department in capturing or controlling, or
attempting to capture or control, the animal and its progeny. If the
animal is a regulated invasive species, the person is liable for
these costs if the introduction was in violation of the person's
permit issued under section 84D.11.(b) A person that complies with this section is not subject to
criminal penalties under section 84D.13
for the introduction.
84D.09 Aquatic macrophytes. Subdivision 1. Transportation
prohibited. A person may not transport aquatic macrophytes on any
state forest road as defined by section 89.001,
subdivision 14, any road or highway as defined in section 160.02,
subdivision 26, or any other public road, except as provided in this
section. Subd. 2. Exceptions. Unless otherwise
prohibited by law, a person may transport aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae; (2) for disposal
as part of a harvest or control activity conducted under an aquatic
plant management permit pursuant to section 103G.615,
under permit pursuant to section 84D.11,
or as specified by the commissioner; (3) for purposes of
constructing shooting or observation blinds in amounts sufficient for
that purpose, provided that the aquatic macrophytes are emergent and
cut above the waterline; (4) when legally purchased or traded by
or from commercial or hobbyist sources for aquarium, wetland or
lakeshore restoration, or ornamental purposes; (5) when harvested
for personal or commercial use if in a motor vehicle; (6) to the
department, or another destination as the commissioner may direct, in
a sealed container for purposes of identifying a species or reporting
the presence of a species; (7) when transporting commercial
aquatic plant harvesting equipment to a suitable location for
purposes of cleaning any remaining aquatic macrophytes; (8) that
are wild rice harvested under section 84.091;
or (9) in the form of fragments of emergent aquatic macrophytes
incidentally transported in or on watercraft or decoys used for
waterfowl hunting during the waterfowl season.
84D.10 Prohibited act; watercraft. Subdivision 1. Launching prohibited. A
person may not place or attempt to place into waters of the state a
watercraft, a trailer, or plant harvesting equipment that has aquatic
macrophytes, zebra mussels, or prohibited invasive species attached
except as provided in this section. Subd. 2.
Exceptions. Unless otherwise prohibited by law, a person may
place into the waters of the state a watercraft or trailer with
aquatic macrophytes: (1) that are duckweeds in the family
Lemnaceae; (2) for purposes of shooting or observation blinds in
amounts sufficient for that purpose, if the aquatic macrophytes are
emergent and cut above the waterline; (3) that are wild rice
harvested under section 84.091;
or (4) in the form of fragments of emergent aquatic macrophytes
incidentally transported in or on watercraft or decoys used for
waterfowl hunting during the waterfowl season. Subd. 3.
Removal and confinement. A conservation officer or other licensed
peace officer may order: (1) the removal of aquatic macrophytes
or prohibited invasive species from a trailer or watercraft before it
is placed into waters of the state; (2) confinement of the
watercraft at a mooring, dock, or other location until the watercraft
is removed from the water; and (3) removal of a watercraft from
waters of the state to remove prohibited invasive species if the
water has not been designated by the commissioner as being infested
with that species.
84D.11 Permits. Subdivision 1. Prohibited invasive species. The
commissioner may issue a permit for the propagation, possession,
importation, purchase, or transport of a prohibited invasive species
for the purposes of disposal, control, research, or education.
Subd. 2. Regulated invasive species. The commissioner may
issue a permit for the introduction of a regulated invasive species.Subd. 2a. Harvest of bait from infested waters. The
commissioner may issue a permit to allow the harvest of bait from
waters that are designated as infested waters, except those
designated because they contain prohibited invasive species of fish.
The permit shall include conditions necessary to avoid spreading
aquatic invasive species. Before receiving a permit, a person
annually must satisfactorily complete aquatic invasive
species-related training provided by the commissioner. Subd. 3.Standard. The commissioner may issue a permit under this
section only if the commissioner determines that the permitted
activity would not pose an unreasonable risk of harm to natural
resources or their use in the state. The commissioner may deny,
issue with conditions, modify, or revoke a permit under this section
as necessary to ensure that the proposed activity will not pose an
unreasonable risk of harm to natural resources or their use in the
state. Subd. 4. Appeal of permit decision. A permit
decision may be appealed as a contested case under chapter 14. 84D.12 Rules.
Subdivision 1. Required rules. The commissioner shall adopt
rules: (1) designating infested waters, prohibited invasive
species, regulated invasive species, and unregulated nonnative
species of aquatic plants and wild animals; (2) governing the
application for and issuance of permits under this chapter, which
rules may include a fee schedule; and (3) governing notification
under section 84D.08.Subd. 2. Authorized rules. The commissioner may adopt
rules: (1) regulating the possession, importation, purchase,
sale, propagation, transport, and introduction of invasive species of
aquatic plants and wild animals; and (2) regulating the
appropriation, use, and transportation of water from infested waters.Subd. 3. Expedited rules. The commissioner may adopt
rules under section 84.027,
subdivision 13, that designate: (1) prohibited invasive species
of aquatic plants and wild animals; (2) regulated invasive
species of aquatic plants and wild animals; (3) unregulated
nonnative species of aquatic plants and wild animals; and (4)
infested waters.
84D.13 Enforcement; penalties. Subdivision 1. Enforcement. Unless
otherwise provided, this chapter and rules adopted under section 84D.12
may be enforced by conservation officers under sections 97A.205,
97A.211,
and 97A.221
and by other licensed peace officers. Subd. 2. Cumulative
remedy. The authority of conservation officers to issue civil
citations is in addition to other remedies available under law,
except that the state may not seek penalties under any other
provision of law for the incident subject to the citation. Subd.
3. Criminal penalties. (a) A person who violates a provision
of section 84D.06,
84D.07,
84D.08,
or 84D.10,
or a rule adopted under section 84D.12,
is guilty of a misdemeanor. (b) A person who possesses,
transports, or introduces a prohibited invasive species in violation
of section 84D.05
is guilty of a misdemeanor. A person who imports, purchases, sells,
or propagates a prohibited invasive species in violation of section
84D.05
is guilty of a gross misdemeanor. (c) A person who refuses to
obey an order of a peace officer or conservation officer to remove
prohibited invasive species or aquatic macrophytes from any
watercraft, trailer, or plant harvesting equipment is guilty of a
gross misdemeanor. Subd. 4. Warnings; civil citations.
After appropriate training, conservation officers, other licensed
peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who: (1)
unlawfully transports prohibited invasive species or aquatic
macrophytes; (2) unlawfully places or attempts to place into
waters of the state a trailer, a watercraft, or plant harvesting
equipment that has prohibited invasive species attached; (3)
intentionally damages, moves, removes, or sinks a buoy marking, as
prescribed by rule, Eurasian water milfoil; (4) fails to drain
water, as required by rule, from watercraft and equipment before
leaving designated zebra mussel, spiny water flea, or other invasive
plankton infested waters; or (5) transports infested water, in
violation of rule, off riparian property. Subd. 5. Civil
penalties. A civil citation issued under this section must impose
the following penalty amounts: (1) for transporting aquatic
macrophytes on a forest road as defined by section 89.001,
subdivision 14, road or highway as defined by section 160.02,
subdivision 26, or any other public road, $50; (2) for placing or
attempting to place into waters of the state a watercraft, a trailer,
or aquatic plant harvesting equipment that has aquatic macrophytes
attached, $100; (3) for unlawfully possessing or transporting a
prohibited invasive species other than an aquatic macrophyte, $250;(4) for placing or attempting to place into waters of the state a
watercraft, a trailer, or aquatic plant harvesting equipment that has
prohibited invasive species attached when the waters are not
designated by the commissioner as being infested with that invasive
species, $500 for the first offense and $1,000 for each subsequent
offense; (5) for intentionally damaging, moving, removing, or
sinking a buoy marking, as prescribed by rule, Eurasian water
milfoil, $100; (6) for failing to drain water, as required by
rule, from watercraft and equipment before leaving designated zebra
mussel, spiny water flea, or other invasive plankton infested waters,
$50; and (7) for transporting infested water off riparian
property without a permit as required by rule, $200. Subd. 6.Watercraft license suspension. A civil citation may be issued
to suspend, for up to a year, the watercraft license of an owner or
person in control of a watercraft or trailer who refuses to submit to
an inspection under section 84D.02,
subdivision 4, or who refuses to comply with a removal order given
under section 84D.13. Subd. 7. Satisfaction of civil
penalties. A civil penalty is due and a watercraft license
suspension is effective 30 days after issuance of the civil citation.
A civil penalty collected under this section is payable to the
commissioner and must be credited to the water recreation account.Subd. 8. Appeal of civil citations and penalties. A
civil citation and penalty may be appealed under the procedures in
section 116.072,
subdivision 6, if the person to whom the citation was issued requests
a hearing by notifying the commissioner within 15 days after receipt
of the citation. If a hearing is not requested within the 15-day
period, the citation becomes a final order not subject to further
review.
84D.14 Exemptions. This chapter does not apply to: (1) pathogens and
terrestrial arthropods regulated under sections 18G.01
to 18G.16;
or (2) mammals and birds defined by statute as livestock.

USA Statutes : minnesota