84D.01 DEFINITIONS. Subdivision 1. Terms. For the purposes of this chapter, the following terms have the meanings given them. Subd. 1a. Aquatic invasive species affirmation. “Aquatic invasive species affirmation” means an affirmation of the summary of the aquatic invasive species laws of this chapter that is part of watercraft licenses and nonresident fishing licenses, as […]
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 […]
84D.03 INFESTED WATERS; RESTRICTED ACTIVITIES. Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall list a water of the state as an infested water if the commissioner determines that: (1) the water contains a population of an aquatic invasive species that could spread to other waters if use of the water and related activities […]
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, including subspecies, genotypes, cultivars, hybrids, or genera of nonnative species, according to the following categories: (1) prohibited invasive species, which may not be possessed, imported, purchased, sold, propagated, transported, or […]
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 […]
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 […]
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. History: 1996 c 385 art 1 s 7; 2004 c 243 s 24
84D.075 NONNATIVE SPECIES, AQUATIC PLANTS, AND AQUATIC MACROPHYTES; PARTS AND LIFE STAGE. A law relating to a nonnative species, aquatic plant, or aquatic macrophyte applies in the same manner to a part of a nonnative species, aquatic plant, or aquatic macrophyte, whether alive or dead, and to any life stage or form. History: 2016 c […]
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 […]
84D.09 AQUATIC MACROPHYTES. Subdivision 1. Transportation prohibited. Unless specifically authorized under a license or permit issued by the commissioner, a person may not transport aquatic macrophytes, 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) […]
84D.10 WATERCRAFT AND WATER-RELATED EQUIPMENT REQUIREMENTS AND PROHIBITIONS. Subdivision 1. Launching prohibited. A person may not place or attempt to place into waters of the state water-related equipment, including aquatic plant harvesting or control equipment that has aquatic macrophytes or prohibited invasive species attached except as provided in this section. Subd. 2. Exceptions. Unless otherwise […]
84D.105 INSPECTION OF WATER-RELATED EQUIPMENT. Subdivision 1. Compliance inspections. Compliance with aquatic invasive species inspection requirements is an express condition of operating or transporting water-related equipment. An inspector may prohibit an individual from placing or operating water-related equipment in waters of the state if the individual refuses to allow an inspection of the individual’s water-related […]
84D.106 AQUATIC INVASIVE SPECIES AFFIRMATION. Aquatic invasive species affirmation is required for all: (1) watercraft licenses issued under section 86B.401; and (2) nonresident fishing licenses, as provided in section 97C.301, subdivision 2a. History: 1Sp2015 c 4 art 4 s 26
84D.108 SERVICE PROVIDER PERMIT. Subdivision 1. Service provider permit required. (a) Service providers must apply for and obtain a permit from the commissioner before providing any services described in section 84D.01, subdivision 15a. (b) Service providers must have a valid permit in possession while providing services described in section 84D.01, subdivision 15a. (c) Service providers […]
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, decontamination, control, research, or education. Subd. 1a. Permit for invasive carp. The commissioner may issue a permit to departmental divisions for tagging bighead, black, […]
84D.12 RULES. Subdivision 1. Required rules. The commissioner shall adopt rules: (1) designating 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. […]
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 and other licensed peace officers to issue civil citations is in […]
84D.14 EXEMPTIONS. This chapter does not apply to: (1) pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.14; or (2) mammals and birds defined by statute as livestock. History: 1996 c 385 art 1 s 14; 2003 c 128 art 1 s 41; 2004 c 243 s 36; 2007 c 57 art 1 s […]
84D.15 INVASIVE SPECIES ACCOUNT. Subdivision 1. Creation. The invasive species account is created in the state treasury in the natural resources fund. Subd. 2. Receipts. Money received from surcharges on watercraft licenses under section 86B.415, subdivision 7, civil penalties under section 84D.13, and service provider permits under section 84D.108, must be deposited in the invasive […]
