aquatic invasive species laws and rules – new legislation ......aquatic invasive species laws and...

Aquatic Invasive Species

Laws and Rules – New Legislation in Minnesota

2011-12

Division of Ecological and Water Resources

Presented by Jay Rendall, DNR AIS Prevention Coordinator

AIS Regulations

MN Statutes - 84D

MN Rules - 6216

AIS Regulations MS 84D.04

“The commissioner shall … classify nonnative species according

to the following categories; prohibited … that may not be possessed, imported, purchased,

sold, … transported, or introduced …; regulated … that may not be introduced; unlisted … subject to the classification procedure …; unregulated … that are not subject to this chapter.”

AIS Regulations A person may not possess,… transport, or introduce

a prohibited invasive species, except …

AIS Regulations MS 84D.09.1

“A person may not transport aquatic macrophytes…, except as provided in this section.”

AIS Regulations MS 84D.10

“A person may not place or attempt to place into waters of the state water-related equipment … that has aquatic macrophytes, zebra mussels, or prohibited invasive species attached…”

AIS Regulations MN Rules 6216.0500, Subpart 4

“Water from infested waters may not be transported on a public road …”

AIS Regulations MS 84D.03

“The taking of wild animals from infested waters for bait or aquatic farm purposes is prohibited, except . . . according to a permit issued . . . by the commissioner.”

www.wayneswords.com

USFWS CFRO

Law Changes 2011 & 2012

In 2011 and 2012, several new laws were passed or revised with the intent to curb the the spread of AIS. o Many focus on individuals and recreational pathways

o Others address commercial pathways

o Definitions added or revised for clarification and to allow/exempt low risk activities

o Expanded authorities for the MNDNR and local governmental units to require inspections of watercraft and water-related equipment

“Water-Related Equipment” MS 84D.01.18a; 84D.10.3; 84D.10.4(a)

Definition: Motor vehicle, boat, watercraft, dock, boat lift, raft,

vessel, trailer, tool, implement, device, and any other equipment including

Portable bait containers, live wells, ballast tanks (if not under PCA permit), bilge areas, or water hauling equipment

Equipment capable of containing or transporting aquatic invasive species, aquatic macrophytes, or water

NOT just boats anymore!

“Inspect” MS 84D.01.8b

Definition: To examine water-related

equipment to determine whether AIS, aquatic macrophytes, or water is present

includes removal, drainage, decontamination, or treatment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water

“Decontaminate” MS 84D.01.3a

Definition: “To wash, drain, dry, or otherwise treat

water-related equipment in order to remove or destroy aquatic invasive species using … protocols developed by the Commissioner”

Drain Plugs MS 84D.10.4

“When leaving waters of the state a person must drain water-related equipment holding water and live wells and bilges by removing the drain plug before transporting the water-related equipment off the water access site or riparian property.”

“Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting water-related equipment.”

Emergency Vehicle Exception ‘Pull the Plug’ MS 84D.10.4(c)

Emergency response vehicles and equipment

May replace the drain plug and transport on roadways

ONLY after all water has been drained and prior to leaving waters of the state

Bait Buckets MS 84D.10.4

Bait buckets and other water related equipment need to be drained prior to leaving any waters of the state

Portable bait containers used by licensed aquatic farms and

when fishing through the ice except on waters designated infested for viral hemorrhagic septicemia are exempt

No longer limited to designated infested waters

Boat Lifts & Docks MS 84D.10.4 Effective 7-1-2012

“A boat lift, dock, swim raft, or associated equipment that has been removed from any water body may not be placed in another water body until a minimum of 21 days have passed.”

AIS Watercraft Rules Decal MS 86B.508; 86B.811.1a Effective 7-1-2011

AIS rules decal required for all watercraft before launching or operating on any waters of the state

This was repealed July 1, 2012

Service Providers MS 84D.01.15a; 84D.108; 84D.15.2 Effective 7-1-2011

Persons installing/removing equipment from/to waters of the state for hire

Must have permit and invasive species training Permit good for 3 years; $50 cost

Service Providers Employees MS 84D.01.15a; 84D.108; 84D.15.2 Effective 7-1-2011

Persons working for permittee required to complete AIS training before working for permittee

Training is online Certificate issued

Commercial Bait Harvesting MS 84D.03.3(c)

Equipment used for harvesting bait in infested waters CANNOT be transported to or used in any other waters other than waters listed on infested waters bait harvest permit

Commercial Bait Harvesting Training for Workers MS 84D.11.2a

Persons working for a permittee harvesting in infested waters must complete annual training before working for the permittee

Training is online

Commercial Fishing and Aquatic Life Harvesting MS 84D.03.4

Equipment tagging procedures changes Need to tag equipment used in ‘infested’

waters Used to be – had to tag equipment if used to

harvest in both infested and non-infested waters – equipment used in non-infested waters got tagged

Requirement does not apply to Lake Superior commercial fishing equipment

Inspectors and Inspections MS 84D.105.1

Compliance with AIS inspection requirements is an express condition of operating or transporting water related equipment

Inspectors and Inspections MS 84D.01.8c; 84D.105.1; 84D.105.2

Commissioner may train, authorize, and designate inspectors

Conservation officers and licensed peace officers are defined as inspectors

Inspectors may visually and tactilely inspect water-related equipment

‘Inspect’ includes examine, remove, drain, etc.

Inspectors and Inspections MS 84D.01.8c; 84D.01.8b; 84D.10.3; 84D.105.1; 84D.105.2

Inspectors may prohibit the placement or operation of water-related equipment if person refuses inspection

Non-licensed inspectors may not confine water related equipment

Non-licensed inspectors must refer cases to licensed officer when person refuses inspection

The DNR may enter into a delegation agreement with a tribal or local government to provide inspection authority

LGU could require inspections of watercraft before leaving or launching in a defined area

Inspections by LGUs MS 84D.105.2

Criminal Penalty Option Transporting Aquatic Macrophytes MS 84D.13.3

Criminal penalty option for transporting aquatic macrophytes

Helps solve ‘stop’ issues when there was only a civil penalty option

Inspection of Equipment MS 84D.105

Officers may utilize check stations Locations or proximity to locations where water-

related equipment is placed into or removed from waters

12 completed in 2012 – Ave violation rate 36.8%. average delay was 4.3 minutes within the check

station for no violation and 8.48 minutes if a violation

LAW COMPLIANCE CONTACTS – 16,079 EDUCATIONAL CONTACTS – 18,060 CRIMINAL CITATIONS - 302 CIVIL CITATIONS - 615 WRITTEN WARNINGS – 1,447 Violations early summer 2012 ~ 20% Late 2012 ~10%

Enforcement 2012

Statewide work crews:

Civil Penalties/Citations MS 84D.13.7; 84D.13.4; 84D.13.5

Local government retains any civil penalty amounts for civil citations written by their law enforcement officers

Civil penalties generally extended to all water-related equipment, all waters

To increase compliance, the fines for most civil penalties doubled as of July 1, 2012.

Penalties

Civil Citation Penalty Fail to drain infested water $100 Transport aquatic plants on public road $100 Transport infested water w/o permit $200 Transport or possess prohibited species $500 Launch into noninfested waters $200 (plants) - $500 Subsequent offenses Twice penalty amount Refuse inspection Lose boat license a yr

Misdemeanor Up to $1000 or 90 days Gross Misdemeanor Up to $3000

Questions