1.1.................... moves to amend H.F. No. 2733 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 17.4982, subdivision 18a, is amended to
1.4read:
1.5 Subd. 18a.
Nonindigenous species. "Nonindigenous species" means a species of
1.6fish or other aquatic life that is:
1.7(1) not known to have been historically present in the state;
1.8(2) not known to be naturally occurring in a particular part of the state; or
1.9(3)
designated listed by rule as a prohibited or regulated invasive species.
1.10 Sec. 2. Minnesota Statutes 2013 Supplement, section 84.027, subdivision 13, is
1.11amended to read:
1.12 Subd. 13.
Game and fish rules. (a) The commissioner of natural resources may
1.13adopt rules under sections
97A.0451 to
97A.0459 and this subdivision that are authorized
1.14under:
1.15(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and
1.16areas, to select hunters for areas, to provide for tagging and registration of game and fish, to
1.17prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife
1.18disease, to open or close bodies of water or portions of bodies of water for night bow
1.19fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
1.20(2) sections
84.093,
84.15, and
84.152 to set seasons for harvesting wild ginseng
1.21roots and wild rice and to restrict or prohibit harvesting in designated areas; and
1.22(3) section
84D.12 to
designate list prohibited invasive species, regulated invasive
1.23species, unregulated nonnative species, and infested waters.
1.24(b) If conditions exist that do not allow the commissioner to comply with sections
1.2597A.0451
to
97A.0459, including the need to adjust season variables on an annual basis
1.26based upon current biological and harvest data, the commissioner may adopt a rule
2.1under this subdivision by submitting the rule to the attorney general for review under
2.2section
97A.0455, publishing a notice in the State Register and filing the rule with the
2.3secretary of state and the Legislative Coordinating Commission, and complying with
2.4section
97A.0459, and including a statement of the conditions and a copy of the rule in the
2.5notice. The conditions for opening a water body or portion of a water body for night bow
2.6fishing under this section may include the need to temporarily open the area to evaluate
2.7compatibility of the activity on that body of water prior to permanent rulemaking. The
2.8notice may be published after it is received from the attorney general or five business days
2.9after it is submitted to the attorney general, whichever is earlier.
2.10(c) Rules adopted under paragraph (b) are effective upon publishing in the State
2.11Register and may be effective up to seven days before publishing and filing under
2.12paragraph (b), if:
2.13(1) the commissioner of natural resources determines that an emergency exists;
2.14(2) the attorney general approves the rule; and
2.15(3) for a rule that affects more than three counties the commissioner publishes the
2.16rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a
2.17rule that affects three or fewer counties the commissioner publishes the rule once in a legal
2.18newspaper in each of the affected counties.
2.19(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause
2.20(3), may not be effective earlier than seven days after publication.
2.21(e) A rule published under paragraph (c), clause (3), may be effective the day the
2.22rule is published if the commissioner gives notice and holds a public hearing on the rule
2.23within 15 days before publication.
2.24(f) The commissioner shall attempt to notify persons or groups of persons affected
2.25by rules adopted under paragraphs (b) and (c) by public announcements, posting, and
2.26other appropriate means as determined by the commissioner.
2.27(g) Notwithstanding section
97A.0458, a rule adopted under this subdivision is
2.28effective for the period stated in the notice but not longer than 18 months after the rule is
2.29effective.
2.30 Sec. 3. Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:
2.31 Subd. 13a.
Game and fish expedited permanent rules. In addition to the authority
2.32granted in subdivision 13, the commissioner of natural resources may adopt rules under
2.33section
14.389 that are authorized under:
2.34 (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
2.35designate fish spawning beds or fish preserves, to select hunters or anglers for areas,
3.1to provide for registration of game or fish, to prevent or control wildlife disease, or to
3.2correct errors or omissions in rules that do not have a substantive effect on the intent or
3.3application of the original rule; or
3.4 (2) section
84D.12 to
designate list prohibited invasive species, regulated invasive
3.5species, and unregulated nonnative species.
3.6 Sec. 4. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
3.7 Subd. 14a.
Permitting efficiency. (a) It is the goal of the state that environmental
3.8and resource management permits be issued or denied within 150 days of the submission
3.9of a permit application. The commissioner of natural resources shall establish management
3.10systems designed to achieve the goal.
3.11(b) The commissioner shall prepare
semiannual a permitting efficiency
reports
3.12 report that
include includes statistics on meeting the goal in paragraph (a). The
reports
3.13are report is due
February 1 and August 1 each year. For permit applications that have
3.14not met the goal, the report must state the reasons for not meeting the goal. In stating the
3.15reasons for not meeting the goal, the commissioner shall separately identify delays caused
3.16by the responsiveness of the proposer, lack of staff, scientific or technical disagreements,
3.17or the level of public engagement. The report must specify the number of days from
3.18initial submission of the application to the day of determination that the application is
3.19complete. The report
for August 1 each year must aggregate the data for the year and
3.20assess whether program or system changes are necessary to achieve the goal. The report
3.21must be posted on the department's Web site and submitted to the governor and the chairs
3.22and ranking minority members of the house of representatives and senate committees
3.23having jurisdiction over natural resources policy and finance.
3.24(c) The commissioner shall allow electronic submission of environmental review
3.25and permit documents to the department.
3.26(d) Beginning July 1, 2011, within 30 business days of application for a permit subject
3.27to paragraph (a), the commissioner of natural resources shall notify the project proposer,
3.28in writing, whether the application is complete or incomplete. If the commissioner
3.29determines that an application is incomplete, the notice to the applicant must enumerate
3.30all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
3.31the applicant on how the deficiencies can be remedied. This paragraph does not apply to
3.32an application for a permit that is subject to a grant or loan agreement under chapter 446A.
3.33 Sec. 5. Minnesota Statutes 2012, section 84.0857, is amended to read:
3.3484.0857 FACILITIES MANAGEMENT ACCOUNT.
4.1 (a) The commissioner of natural resources may bill organizational units within
4.2the Department of Natural Resources and other governmental units, including tribal
4.3governments, for the costs of providing them with building and infrastructure facilities.
4.4Costs billed may include modifications and adaptations to allow for appropriate building
4.5occupancy, building code compliance, insurance, utility services, maintenance, repair, and
4.6other direct costs as determined by the commissioner. Receipts shall be credited to a
4.7special account in the state treasury and are appropriated to the commissioner to pay the
4.8costs for which the billings were made.
4.9 (b) Money deposited in the special account from the proceeds of a sale under section
4.1094.16
, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
4.11facilities or renovate existing buildings for administrative use or to acquire land for,
4.12design, and construct administrative buildings for the Department of Natural Resources.
4.13(c) The commissioner of natural resources may bill organizational units within
4.14the Department of Natural Resources and other governmental units, including tribal
4.15governments, for the costs of operating facilities. Receipts shall be credited to a special
4.16account in the state treasury and are appropriated to the commissioner to pay the costs
4.17for which the billings were made.
4.18 Sec. 6. Minnesota Statutes 2012, section 84.81, subdivision 3, is amended to read:
4.19 Subd. 3.
Snowmobile. "Snowmobile" means a self-propelled vehicle
originally
4.20manufactured and designed for travel on snow or ice steered by skis or runners.
4.21 Snowmobile does not include the following vehicles equipped with aftermarket ski and
4.22track configurations:
4.23(1) an all-terrain vehicle defined in section 84.92;
4.24(2) an off-highway motorcycle defined in section 84.787;
4.25(3) an off-road vehicle defined in section 84.797;
4.26(4) a mini truck defined in section 169.011;
4.27(5) a utility task vehicle described in section 169.045; or
4.28(6) any other vehicle being operated off road.
4.29 Sec. 7. Minnesota Statutes 2012, section 84.925, subdivision 5, is amended to read:
4.30 Subd. 5.
Training requirements. (a) An individual who was born after July 1,
4.311987, and who is
16 18 years of age or older, must successfully complete the independent
4.32study course component of all-terrain vehicle safety training before operating an all-terrain
4.33vehicle on public lands or waters, public road rights-of-way, or state or grant-in-aid trails.
5.1 (b) An individual who is convicted of violating a law related to the operation of an
5.2all-terrain vehicle must successfully complete the independent study course component of
5.3all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
5.4 (c) An individual who is convicted for a second or subsequent excess speed, trespass,
5.5or wetland violation in an all-terrain vehicle season, or any conviction for careless or
5.6reckless operation of an all-terrain vehicle, must successfully complete the independent
5.7study and the testing and operating course components of all-terrain vehicle safety training
5.8before continuing operation of an all-terrain vehicle.
5.9 (d) An individual who receives three or more citations and convictions for violating a
5.10law related to the operation of an all-terrain vehicle in a two-year period must successfully
5.11complete the independent study and the testing and operating course components of
5.12all-terrain vehicle safety training before continuing operation of an all-terrain vehicle.
5.13 (e) An individual must present evidence of compliance with this subdivision before
5.14an all-terrain vehicle registration is issued or renewed.
5.15 Sec. 8. Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:
5.16 Subd. 4.
Off-road and all-terrain vehicles; limited or managed forests; trails.
5.17Notwithstanding section
84.777, but subject to the commissioner's authority under
5.18subdivision 5, on state forest lands classified as limited or managed, other than the Richard
5.19J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
5.20168 or section
84.798 or
84.922, including class 2 all-terrain vehicles
,:
5.21(1) on forest trails designated for off-road vehicle use; and
5.22(2) on forest trails that are not designated for a specific use when:
5.23(1) (i) hunting big game or transporting or installing hunting stands during October,
5.24November, and December, when in possession of a valid big game hunting license;
5.25(2) (ii) retrieving big game in September, when in possession of a valid big game
5.26hunting license;
5.27(3) (iii) tending traps during an open trapping season for protected furbearers, when
5.28in possession of a valid trapping license; or
5.29(4) (iv) trapping minnows, when in possession of a valid minnow dealer, private fish
5.30hatchery, or aquatic farm license.
5.31 Sec. 9. Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:
5.32 Subd. 8.
Infested waters. "Infested waters" means waters of the state
designated
5.33 listed by the commissioner under sections
84D.03, subdivision 1, and
84D.12.
6.1 Sec. 10. Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:
6.2 Subd. 13.
Prohibited invasive species. "Prohibited invasive species" means a
6.3nonnative species that has been
designated listed as a prohibited invasive species in a rule
6.4adopted by the commissioner under section
84D.12.
6.5 Sec. 11. Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:
6.6 Subd. 15.
Regulated invasive species. "Regulated invasive species" means a
6.7nonnative species that has been
designated listed as a regulated invasive species in a rule
6.8adopted by the commissioner under section
84D.12.
6.9 Sec. 12. Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:
6.10 Subd. 17.
Unlisted nonnative species. "Unlisted nonnative species" means a
6.11nonnative species that has not been
designated listed as a prohibited invasive species, a
6.12regulated invasive species, or an unregulated nonnative species in a rule adopted by the
6.13commissioner under section
84D.12.
6.14 Sec. 13. Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:
6.15 Subd. 18.
Unregulated nonnative species. "Unregulated nonnative species" means
6.16a nonnative species that has been
designated listed as an unregulated nonnative species in
6.17a rule adopted by the commissioner under section
84D.12.
6.18 Sec. 14. Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter
6.19121, section 10, is amended to read:
6.2084D.03 INFESTED WATERS; RESTRICTED ACTIVITIES.
6.21 Subdivision 1.
Infested waters; restricted activities. (a) The commissioner shall
6.22designate list a water of the state as an infested water if the commissioner determines that:
6.23 (1) the water contains a population of an aquatic invasive species that could spread
6.24to other waters if use of the water and related activities are not regulated to prevent this; or
6.25 (2) the water is highly likely to be infested by an aquatic invasive species because it
6.26is connected to a water that contains a population of an aquatic invasive species.
6.27 (b) When determining which invasive species comprise infested waters, the
6.28commissioner shall consider:
6.29 (1) the extent of a species distribution within the state;
6.30 (2) the likely means of spread for a species; and
6.31 (3) whether regulations specific to infested waters containing a specific species
6.32will effectively reduce that species' spread.
7.1 (c) The presence of common carp and curly-leaf pondweed shall not be the basis
7.2for
designating listing a water as infested.
7.3 (d) The
designation of infested waters by the commissioner shall
be by written
7.4order published in the State Register maintain a list of infested waters and provide access
7.5to a copy of the listed waters.
Designations Listings are not subject to the rulemaking
7.6provisions of chapter 14 and section
14.386 does not apply.
7.7 Subd. 3.
Bait harvest from infested waters. (a) Taking wild animals from infested
7.8waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph
7.9(b) and section
97C.341.
7.10 (b) In waters that are
designated listed as infested waters, except those
designated
7.11 listed because they contain prohibited invasive species of fish or certifiable diseases of fish,
7.12as defined under section
17.4982, subdivision 6, taking wild animals may be permitted for:
7.13 (1) commercial taking of wild animals for bait and aquatic farm purposes according
7.14to a permit issued under section
84D.11, subject to rules adopted by the commissioner;
7.15 (2) bait purposes for noncommercial personal use in waters that contain Eurasian
7.16water milfoil, when the infested waters are
designated listed solely because they contain
7.17Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
7.18traps not exceeding 16 inches in diameter and 32 inches in length; and
7.19(3) harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and
7.20suckers for bait from streams or rivers
designated listed as infested waters, by hook and
7.21line for noncommercial personal use. Other provisions that apply to this clause are:
7.22(i) fish taken under this clause must be used on the same body of water where caught
7.23and while still on that water body;
7.24(ii) fish taken under this clause may not be transported live from or off the water body;
7.25(iii) fish harvested under this clause may only be used in accordance with this section;
7.26(iv) any other use of wild animals used for bait from infested waters is prohibited;
7.27(v) fish taken under this clause must meet all other size restrictions and requirements
7.28as established in rules; and
7.29(vi) all species listed under this clause shall be included in the person's daily limit as
7.30established in rules, if applicable.
7.31 (c) Equipment authorized for minnow harvest in a
designated listed infested water
7.32by permit issued under paragraph (b) may not be transported to, or used in, any waters
7.33other than waters specified in the permit.
7.34 Subd. 4.
Commercial fishing and turtle, frog, and crayfish harvesting
7.35restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors,
7.36stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an
8.1infested water that is
designated listed because it contains invasive fish, invertebrates, or
8.2certifiable diseases, as defined in section
17.4982, may not be used in any other waters. If
8.3a commercial licensee operates in an infested water
designated listed because it contains
8.4invasive fish, invertebrates, or certifiable diseases, as defined in section
17.4982, all nets,
8.5traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or
8.6crayfish harvesting in waters
designated listed as infested with invasive fish, invertebrates,
8.7or certifiable diseases, as defined in section
17.4982, must be tagged with tags provided by
8.8the commissioner, as specified in the commercial licensee's license or permit. This tagging
8.9requirement does not apply to commercial fishing equipment used in Lake Superior.
8.10(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
8.11turtle, frog, or crayfish harvesting in an infested water that is
designated listed solely
8.12because it contains Eurasian water milfoil must be dried for a minimum of ten days or
8.13frozen for a minimum of two days before they are used in any other waters, except as
8.14provided in this paragraph. Commercial licensees must notify the department's regional
8.15or area fisheries office or a conservation officer before removing nets or equipment from
8.16an infested water
designated listed solely because it contains Eurasian water milfoil and
8.17before resetting those nets or equipment in any other waters. Upon notification, the
8.18commissioner may authorize a commercial licensee to move nets or equipment to another
8.19water without freezing or drying, if that water is
designated listed as infested solely
8.20because it contains Eurasian water milfoil.
8.21(c) A commercial licensee must remove all aquatic macrophytes from nets and other
8.22equipment before placing the equipment into waters of the state.
8.23(d) The commissioner shall provide a commercial licensee with a current listing of
8.24designated listed infested waters at the time that a license or permit is issued.
8.25 Sec. 15. Minnesota Statutes 2012, section 84D.06, is amended to read:
8.2684D.06 UNLISTED NONNATIVE SPECIES.
8.27 Subdivision 1.
Process. A person may not introduce an unlisted nonnative aquatic
8.28plant or wild animal species unless:
8.29(1) the person has notified the commissioner in a manner and form prescribed by
8.30the commissioner;
8.31(2) the commissioner has made the classification determination required in
8.32subdivision 2 and
designated listed the species as appropriate; and
8.33(3) the introduction is allowed under the applicable provisions of this chapter.
9.1 Subd. 2.
Classification. (a) If the commissioner determines that a species for which
9.2a notification is received under subdivision 1 should be classified as a prohibited invasive
9.3species, the commissioner shall:
9.4(1) adopt a rule under section
84D.12, subdivision 3,
designating listing the species
9.5as a prohibited invasive species; and
9.6(2) notify the person from which the notification was received that the species is
9.7subject to section
84D.04.
9.8(b) If the commissioner determines that a species for which a notification is
9.9received under subdivision 1 should be classified as an unregulated nonnative species,
9.10the commissioner shall:
9.11(1) adopt a rule under section
84D.12, subdivision 3,
designating listing the species
9.12as an unregulated nonnative species; and
9.13(2) notify the person from which the notification was received that the species is not
9.14subject to regulation under this chapter.
9.15(c) If the commissioner determines that a species for which a notification is received
9.16under subdivision 1 should be classified as a regulated invasive species, the commissioner
9.17shall notify the applicant that the species is subject to the requirements in section
84D.07.
9.18 Sec. 16. Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:
9.19 Subd. 3.
Removal and confinement. (a) A conservation officer or other licensed
9.20peace officer may order:
9.21 (1) the removal of aquatic macrophytes or prohibited invasive species from
9.22water-related equipment before it is placed into waters of the state;
9.23 (2) confinement of the water-related equipment at a mooring, dock, or other location
9.24until the water-related equipment is removed from the water;
9.25 (3) removal of water-related equipment from waters of the state to remove prohibited
9.26invasive species if the water has not been
designated listed by the commissioner as being
9.27infested with that species; and
9.28 (4) a prohibition on placing water-related equipment into waters of the state when
9.29the water-related equipment has aquatic macrophytes or prohibited invasive species
9.30attached in violation of subdivision 1 or when water has not been drained or the drain plug
9.31has not been removed in violation of subdivision 4.
9.32 (b) An inspector who is not a licensed peace officer may issue orders under
9.33paragraph (a), clauses (1), (3), and (4).
10.1 Sec. 17. Minnesota Statutes 2013 Supplement, section 84D.10, subdivision 4, is
10.2amended to read:
10.3 Subd. 4.
Persons transporting water-related equipment. (a) When leaving waters
10.4of the state a person must drain water-related equipment holding water and live wells and
10.5bilges by removing the drain plug before transporting the water-related equipment off
10.6the water access site or riparian property.
10.7 (b) Drain plugs, bailers, valves, or other devices used to control the draining of water
10.8from ballast tanks, bilges, and live wells must be removed or opened while transporting
10.9water-related equipment.
10.10 (c) Emergency response vehicles and equipment may be transported on a public road
10.11with the drain plug or other similar device replaced only after all water has been drained
10.12from the equipment upon leaving the water body.
10.13 (d) Portable bait containers used by licensed aquatic farms, portable bait containers
10.14when fishing through the ice except on waters
designated listed infested for viral
10.15hemorrhagic septicemia, and marine sanitary systems are exempt from this subdivision.
10.16 (e) A person must not dispose of bait in waters of the state.
10.17(f) A boat lift, dock, swim raft, or associated equipment that has been removed
10.18from any water body may not be placed in another water body until a minimum of 21
10.19days have passed.
10.20(g) A person who transports water that is appropriated from noninfested surface
10.21water bodies and that is transported by a commercial vehicle, excluding watercraft, or
10.22commercial trailer, which vehicle or trailer is specifically designed and used for water
10.23hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge
10.24the transported water to other surface waters or within 100 feet of a surface water body.
10.25(h) A person transporting water from noninfested surface water bodies for
10.26firefighting or emergencies that threaten human safety or property is exempt from
10.27paragraphs (a) and (b).
10.28 Sec. 18. Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:
10.29 Subd. 2a.
Harvest of bait from infested waters. (a) The commissioner may issue a
10.30permit to allow the harvest of bait:
10.31(1) from waters that are
designated listed as infested waters, except those
designated
10.32 listed because they contain prohibited invasive species of fish or certifiable diseases of fish
10.33as defined in section
17.4982, subdivision 6; and
10.34(2) from infested waters as allowed under section
97C.341, paragraph (c).
11.1The permit shall include conditions necessary to avoid spreading aquatic invasive
11.2species.
11.3 (b) Before receiving a permit, or working for a permittee, a person annually
11.4must satisfactorily complete aquatic invasive species-related training provided by the
11.5commissioner.
11.6 Sec. 19. Minnesota Statutes 2012, section 84D.12, is amended to read:
11.784D.12 RULES.
11.8 Subdivision 1.
Required rules. The commissioner shall adopt rules:
11.9 (1)
designating listing prohibited invasive species, regulated invasive species, and
11.10unregulated nonnative species of aquatic plants and wild animals;
11.11 (2) governing the application for and issuance of permits under this chapter, which
11.12rules may include a fee schedule; and
11.13 (3) governing notification under section
84D.08.
11.14 Subd. 2.
Authorized rules. The commissioner may adopt rules:
11.15(1) regulating the possession, importation, purchase, sale, propagation, transport,
11.16and introduction of invasive species of aquatic plants and wild animals; and
11.17(2) regulating the appropriation, use, and transportation of water from
listed infested
11.18waters.
11.19 Subd. 3.
Expedited rules. The commissioner may adopt rules under section
84.027,
11.20subdivision 13
, that
designate list:
11.21 (1) prohibited invasive species of aquatic plants and wild animals;
11.22 (2) regulated invasive species of aquatic plants and wild animals; and
11.23 (3) unregulated nonnative species of aquatic plants and wild animals.
11.24 Sec. 20. Minnesota Statutes 2012, section 84D.13, subdivision 5, is amended to read:
11.25 Subd. 5.
Civil penalties. (a) A civil citation issued under this section must impose
11.26the following penalty amounts:
11.27 (1) for transporting aquatic macrophytes in violation of section
84D.09, $100;
11.28 (2) for placing or attempting to place into waters of the state water-related equipment
11.29that has aquatic macrophytes attached, $200;
11.30 (3) for unlawfully possessing or transporting a prohibited invasive species other
11.31than an aquatic macrophyte, $500;
11.32 (4) for placing or attempting to place into waters of the state water-related equipment
11.33that has prohibited invasive species attached when the waters are not
designated listed by
11.34the commissioner as being infested with that invasive species, $500;
12.1 (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
12.2prescribed by rule, Eurasian water milfoil, $100;
12.3 (6) for failing to have drain plugs or similar devices removed or opened while
12.4transporting water-related equipment or for failing to remove plugs, open valves, and
12.5drain water from water-related equipment, other than marine sanitary systems, before
12.6leaving waters of the state, $100; and
12.7 (7) for transporting infested water off riparian property without a permit as required
12.8by rule, $200.
12.9(b) A civil citation that is issued to a person who has one or more prior convictions
12.10or final orders for violations of this chapter is subject to twice the penalty amounts listed
12.11in paragraph (a).
12.12 Sec. 21. Minnesota Statutes 2012, section 86A.09, is amended to read:
12.1386A.09 DEVELOPMENT AND ESTABLISHMENT OF UNITS.
12.14 Subdivision 1.
Master plan required. No construction of new facilities or other
12.15development of an authorized unit, other than repairs and maintenance, shall commence
12.16until the managing agency has prepared
and submitted to the commissioner of natural
12.17resources and the commissioner has reviewed, pursuant to this section, a master plan for
12.18administration of the unit in conformity with this section. No master plan is required for
12.19wildlife management areas that do not have resident managers, for scientific and natural
12.20areas, for water access sites, for aquatic management areas, for rest areas, or for boater
12.21waysides.
12.22 Subd. 2.
Master plan; preparation and content public review. The managing
12.23agency shall supervise preparation of the master plan and shall utilize the professional
12.24staffs of any agency of the state when the expertise of the staff of such agency is necessary
12.25to adequately prepare the master plan; the master plan shall present the information in
12.26a format and detail that is appropriate to the size and complexity of the authorized unit.
12.27When the master plan has been completed the managing agency shall announce to the
12.28public in a manner reasonably designed to inform interested persons that the master plan is
12.29available for public review and in the case of any major unit shall hold at least one public
12.30hearing meeting on the plan in the vicinity of the unit. The managing agency shall make
12.31the master plan available for review and comment by the public and other state agencies
12.32for at least 30 days
following the announcement and before
submitting the master plan to
12.33the commissioner of natural resources. Copies of the plan shall be provided to members of
12.34the Outdoor Recreation Advisory Council and to any other person on request approval.
13.1 Subd. 3.
Master plan; review and approval content. All master plans required
13.2by this section shall
be submitted to the commissioner of natural resources for review
13.3pursuant to this subdivision. The commissioner of natural resources shall review the
13.4master plan to determine whether the plan: (a) provides:
13.5(1) provide for administration of the unit in a manner that is consistent with the
13.6purposes for which the unit was authorized and with the principles governing the
13.7administration of the unit, as specified in section
86A.05 and the statutes relating to each
13.8type of unit;
and
13.9(b) recognizes (2) recognize values and resources within the unit that are primarily
13.10the responsibility of another managing agency to protect or develop
, and
provides provide
13.11 for their protection or development either through a cooperative agreement with the other
13.12managing agency or through designation of the appropriate area as a secondary unit.
In
13.13reviewing any master plan, the commissioner of natural resources shall consult with
13.14other state agencies. Within 60 days after receiving the master plan, the commissioner of
13.15natural resources shall notify the managing agency that the plan has been reviewed and
13.16forward its recommendations for any changes it might suggest. The managing agency
13.17shall review the recommendations and notify the commissioner of natural resources of the
13.18disposition made of them. Failure to comment on a master plan within the time specified
13.19shall be considered approval of the plan by the commissioner of natural resources. If the
13.20commissioner of natural resources feels that the master plan still fails significantly to
13.21comply with this subdivision, the commissioner may request review of the master plan by
13.22the governor. In that event review shall not be deemed completed until after the master
13.23plan has been approved by the governor or 60 days have elapsed without action by the
13.24governor to approve or reject the plan, whichever occurs first.
13.25 Subd. 4.
Development. Construction of necessary facilities and other development
13.26of the unit shall commence as soon as practicable
after review of the master plan by the
13.27commissioner of natural resources, and the governor if requested, and shall be carried out
13.28in conformity with the master plan.
13.29 Subd. 5.
Establishment. When, in the opinion of the managing agency,
13.30acquisition and development of the unit are sufficiently complete to permit operation and
13.31administration of the unit in substantial conformity with the master plan as approved, the
13.32managing agency shall declare the unit established and ready for use.
13.33 Subd. 6. Master plan amendment. The managing agency shall prepare an
13.34amendment to a master plan to address changes proposed for a unit that would vary
13.35from the approved master plan. The master plan amendment shall address the impacts
13.36of the proposed changes to the natural and cultural resources, interpretive services,
14.1recreational opportunities, and administrative activities at the unit. The master plan
14.2amendment supersedes the master plan for those areas addressed by the amendment. The
14.3managing agency shall hold a public meeting for master plan amendments that constitute a
14.4significant change in public use or access to the unit or that may be controversial. Public
14.5notice and approval of the master plan amendment shall follow the process described in
14.6subdivision 2. Construction of necessary facilities and other development of the unit shall
14.7commence as soon as practicable after the master plan amendment is adopted.
14.8 Sec. 22. Minnesota Statutes 2012, section 86A.11, is amended to read:
14.986A.11 REGISTRY OF UNITS.
14.10The commissioner of natural resources
and the director of the Minnesota Historical
14.11Society shall
each compile and maintain a current registry of the name, location, size,
14.12and description of all units of the outdoor recreation system under
the commissioner's
14.13jurisdiction and under the jurisdiction of the Minnesota Historical Society and the
14.14commissioner of transportation. The commissioner of natural resources their respective
14.15jurisdictions, and shall publish and distribute the information contained in the registry in
14.16a form and manner suitable to assist persons wishing to use these units.
The Minnesota
14.17Historical Society and the commissioner of transportation shall cooperate with and assist
14.18the commissioner of natural resources in preparing and distributing the registry.
14.19 Sec. 23. Minnesota Statutes 2012, section 97C.821, is amended to read:
14.2097C.821 POSSESSION, SALE, AND TRANSPORTATION OF
14.21COMMERCIAL FISH.
14.22Subject to the applicable provisions of the game and fish laws, fish taken under
14.23commercial fishing licenses may be possessed in any quantity, bought, sold, and
14.24transported at any time. Commercial fishing licensees may transport their catch live to
14.25holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
14.26licensees may harvest fish from their holding facilities at any time with their licensed gear.
14.27The commissioner may prohibit the transport of live fish taken under a commercial fishing
14.28license from waters that contain nonnative species, are
designated listed as infested waters,
14.29or are infected with any certifiable disease.
14.30 Sec. 24. Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:
14.31 Subd. 2.
Adoption procedure. (a) The commissioner, upon determining that
14.32sufficient technical information is available for the delineation of floodplains and
14.33floodways on a watercourse,
shall may notify affected local governmental units that
15.1technical information is available.
Within six months after receiving this notice, The local
15.2governmental units shall prepare or amend their floodplain management ordinances in
15.3conformance with the provisions of sections
103F.101 to
103F.155 and shall submit the
15.4ordinance to the commissioner for review and approval before adoption.
15.5(b) The commissioner shall approve or disapprove the proposed ordinance within
15.6120 days after receiving it.
15.7(c) If the proposed ordinance is disapproved, the commissioner shall return it to the
15.8local governmental unit with a written statement of reasons for disapproval. Within 90
15.9days after disapproval, the local governmental unit shall resubmit an amended proposed
15.10ordinance for further review and approval before adoption. The local governmental unit
15.11shall adopt a floodplain management ordinance within 90 days after approval by the
15.12commissioner.
15.13(d) A floodplain management ordinance adopted by a local governmental unit is
15.14invalid unless it is approved by the commissioner.
15.15(e) A local governmental unit may adopt a floodplain management ordinance in the
15.16absence of notification by the commissioner that the required technical data is available,
15.17provided that any such ordinance is submitted to the commissioner prior to its adoption
15.18for approval.
15.19(f) A local governmental unit may adopt a floodplain management ordinance that is
15.20more restrictive than required under sections
103F.101 to
103F.155.
15.21(g) Floodplain management ordinances may be amended by a local governmental
15.22unit upon the approval of the commissioner.
15.23 Sec. 25. Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:
15.24 Subd. 5.
Major Alterations and hazardous uses prohibited. (a) If a floodplain
15.25has been delineated by a floodplain management ordinance under sections
103F.101
15.26to
103F.155,
a major alteration to a structure in existence on the effective date of the
15.27ordinance or a new fill, structure, deposit, or other floodplain use that is
unreasonably
15.28hazardous to the public or that unduly restricts the capacity of the floodplain to carry and
15.29discharge a regional flood not in accordance with the local governmental unit's adopted
15.30floodplain management ordinance may not be permitted after the effective date of the
15.31ordinance delineating the floodplain.
15.32(b) As used in this subdivision, major alterations of existing structures do not include
15.33repair or maintenance and do not include repairs, maintenance, or alterations to structures
15.34made under the authority of another authorized agency of the state or federal government.
16.1(c) (b) This subdivision does not apply to alterations, repair, or maintenance
16.2reasonably done under emergency circumstances to preserve or protect life
or property.
16.3(d) (c) This subdivision applies to alterations to existing structures and to new fill,
16.4structures, deposits, or other floodplain uses by the state and state agencies.
16.5 Sec. 26. Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:
16.6 Subd. 3.
Application for flood insurance. Within 120 days After receiving notice
16.7of inclusion on the amended list, from the commissioner or the Federal Emergency
16.8Management Agency that flood hazard areas have been identified, each local governmental
16.9unit
shall is encouraged to apply for participation in the national flood insurance program
16.10in the manner prescribed by federal laws and regulations.
16.11 Sec. 27. Minnesota Statutes 2012, section 103G.245, subdivision 2, is amended to read:
16.12 Subd. 2.
Exceptions. A public waters work permit is not required for:
16.13(1) work in altered natural watercourses that are part of drainage systems established
16.14under chapter 103D or 103E if the work in the waters is undertaken according to chapter
16.15103D or 103E;
or
16.16(2) a drainage project for a drainage system established under chapter 103E that does
16.17not substantially affect public waters
; or.
16.18(3) removal of debris, including logs that are at or near the water surface, dead
16.19trees and branches, and trash, that does not alter the original alignment, slope, or cross
16.20section of the waters.
16.21 Sec. 28. Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:
16.22 Subd. 3a.
Invasive aquatic plant management permit. (a) "Invasive aquatic plant
16.23management permit" means an aquatic plant management permit as defined in rules of the
16.24Department of Natural Resources that authorizes the selective control of invasive aquatic
16.25plants
at a scale to cause a significant
lakewide or baywide reduction in the abundance of
16.26the invasive aquatic plant.
16.27(b) The commissioner may waive the dated signature of approval requirement in rules
16.28of the Department of Natural Resources for invasive aquatic plant management permits if
16.29obtaining signatures would create an undue burden on the permittee or if the commissioner
16.30determines that aquatic plant control is necessary to protect natural resources.
16.31(c) If the signature requirement is waived under paragraph (b) because obtaining
16.32signatures would create an undue burden on the permittee, the commissioner shall require
16.33an alternate form of landowner notification, including news releases or public notices in
17.1a local newspaper, a public meeting, or a mailing to the most recent permanent address
17.2of affected landowners. The notification must be given annually and must include: the
17.3proposed date of treatment, the target species, the method of control or product being
17.4used, and instructions on how the landowner may request that control not occur adjacent
17.5to the landowner's property.
17.6(d) The commissioner may allow dated signatures of approval obtained for an
17.7invasive aquatic plant management permit to satisfy rules of the Department of Natural
17.8Resources to remain valid for three years if property ownership remains unchanged.
17.9 Sec. 29. Minnesota Statutes 2012, section 325E.13, is amended by adding a subdivision
17.10to read:
17.11 Subd. 5. Snowmobile. "Snowmobile" has the meaning given in section 84.81,
17.12subdivision 3.
17.13 Sec. 30. Minnesota Statutes 2012, section 325E.14, subdivision 1, is amended to read:
17.14 Subdivision 1.
Tampering. No person shall knowingly tamper with, adjust, alter,
17.15change, set back, disconnect or, with intent to defraud, fail to connect the odometer of any
17.16motor vehicle
or snowmobile, or cause any of the foregoing to occur to an odometer of
17.17a motor vehicle
or snowmobile, so as to reflect a lower mileage than has actually been
17.18driven by the motor vehicle
or snowmobile.
17.19 Sec. 31. Minnesota Statutes 2012, section 325E.14, subdivision 2, is amended to read:
17.20 Subd. 2.
Operating restriction. No person shall with intent to defraud, operate
17.21a motor vehicle on any street or highway
or operate a snowmobile on public lands or
17.22waters knowing that the odometer of the motor vehicle
or snowmobile is disconnected or
17.23nonfunctional.
17.24 Sec. 32. Minnesota Statutes 2012, section 325E.14, subdivision 3, is amended to read:
17.25 Subd. 3.
Sales and use restrictions. No person shall advertise for sale, sell, use
17.26or install on any part of a motor vehicle
or snowmobile, or on any odometer in a motor
17.27vehicle
or snowmobile any device
which that causes the odometer to register any mileage
17.28other than the true mileage.
17.29 Sec. 33. Minnesota Statutes 2012, section 325E.14, subdivision 4, is amended to read:
17.30 Subd. 4.
Sales restriction. No person shall sell or offer for sale any motor vehicle
17.31or snowmobile with knowledge that the mileage registered on the odometer has been
18.1altered so as to reflect a lower mileage than has actually been driven by the motor vehicle
18.2or snowmobile without disclosing
such the fact to prospective purchasers.
18.3 Sec. 34. Minnesota Statutes 2012, section 325E.14, subdivision 6, is amended to read:
18.4 Subd. 6.
Repair or replacement restriction. Nothing in this section shall prevent
18.5the service, repair, or replacement of an odometer, provided the mileage indicated thereon
18.6remains the same as before the service, repair, or replacement. Where the odometer is
18.7incapable of registering the same mileage as before
such the service, repair, or replacement,
18.8the odometer shall be adjusted to read zero and a written notice shall be attached to the left
18.9door frame of the
motor vehicle
or the left side of a snowmobile by the owner or an agent
18.10specifying the mileage prior to repair or replacement of the odometer and the date on
18.11which it was repaired or replaced. No person shall remove or alter
such a notice so affixed.
18.12 Sec. 35. Minnesota Statutes 2012, section 325E.15, is amended to read:
18.13325E.15 TRANSFER OF MOTOR VEHICLE OR SNOWMOBILE;
18.14MILEAGE DISCLOSURE.
18.15No person shall transfer a motor vehicle
or snowmobile without disclosing in writing
18.16to the transferee the true mileage registered on the odometer reading or that the actual
18.17mileage is unknown if the odometer reading is known by the transferor to be different
18.18from the true mileage. The regulations contained in Code of Federal Regulations, title
18.1949, sections 580.1 to
580.17, as amended through October 1, 1998, implementing Title
18.20IV of the Federal Motor Vehicle Information and Cost Savings Act prescribe the manner
18.21in which written disclosure must be made
for both motor vehicles and snowmobiles
18.22in this state and are adopted by reference. No transferor shall violate any regulations
18.23adopted under this section or knowingly give a false statement to a transferee in making
18.24any disclosure required by the regulations.
18.25 Sec. 36.
MINNESOTA RIVER VALLEY; MASTER PLAN.
18.26The commissioner of natural resources shall develop a master plan in accordance
18.27with Minnesota Statutes, section 86A.09, to conserve the natural and cultural resources of
18.28the Minnesota River Valley area in Redwood and Renville Counties and to provide for the
18.29shared use, enjoyment, and understanding of these resources through a broad selection
18.30of outdoor recreational opportunities and recreational travel routes that connect units of
18.31the outdoor recreation system in the river valley. The plan shall address the impacts
18.32to the natural and cultural resources, interpretive services, recreational opportunities,
19.1and administrative activities in the area and also provide recommendations on the unit
19.2designation of the area under the Outdoor Recreation Act.
19.3 Sec. 37.
REVISOR'S INSTRUCTION.
19.4The revisor of statutes shall delete the term in column A and insert the term in
19.5column B in Minnesota Rules, parts 6216.0100, 6216.0250, 6216.0260, 6216.0270,
19.66216.0290, 6216.0300, 6216.0400, 6216.0500, and 6260.0300.
19.7
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Column B
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19.8
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designate
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list
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19.9
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designated
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listed
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19.10
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designation
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listing
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19.11
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designating
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listing
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19.12 Sec. 38.
REPEALER.
19.13Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121,
19.14subdivisions 3 and 4; and 103F.165, subdivision 2, are repealed."
19.15Amend the title accordingly