piers109uk/MN-Statutes huggingface dataset:
86B.895 SATISFACTION OF SECURITY INTEREST.
Upon the satisfaction of a security interest in a watercraft for which the certificate of title is in the possession of the secured party, the secured party, within 15 days, shall execute a release of the security interest in the space provided on the certificate or as prescribed by the commissioner, and mail or deliver the certificate and release to the next secured party named or, if none, to the owner or a person who delivers to the secured party an authorization from the owner to receive the certificate. The owner, other than a dealer holding the watercraft for resale, shall promptly have the certificate, the release, and the required fee mailed or delivered to the commissioner, who shall release the secured party's rights on the certificate or issue a new certificate.
Upon the satisfaction of a security interest in a watercraft for which the certificate of title is in the possession of a prior secured party, the secured party whose security interest is satisfied shall execute a release in the form prescribed by the commissioner and, within 15 days after satisfaction, deliver the release to the owner or a person who delivers to the secured party.
86B.900 DISCLOSING SECURITY AGREEMENT.
A secured party named in a certificate of title, upon written request of the owner or other secured party named on the certificate, must disclose pertinent information about the security agreement and the indebtedness secured by it.
86B.890 LICENSED WATERCRAFT PREVIOUSLY PERFECTED.
(a) If a security interest in a previously licensed watercraft is perfected under other applicable Minnesota law on January 1, 1991, the security interest continues perfected:
(1) until its perfection lapses under the law under which it was perfected or would lapse in the absence of a further filing; or
(2) until a certificate of title for the watercraft is issued and the security interest is perfected under section 86B.880.
(b) The assignment, release, or satisfaction of a security interest in a previously licensed watercraft is governed by the laws under which it was perfected.
86B.905 EFFECT OF SUSPENSION OR REVOCATION ON SECURITY INTEREST.
Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
86B.915 LIENS ATTACHING TO WATERCRAFT.
(a) A nonpossessory lien on a titled watercraft is not perfected unless a lien statement is filed with the commissioner.
(b) The lien statement must include:
(1) the watercraft owner's name and address;
(2) the statute under which the lien is taken;
(3) the name and address of the lienholder; and
(4) the title number of the watercraft.
(c) The commissioner shall note the time and date of filing the lien statement.
86B.910 UNDISCLOSED SECURITY INTERESTS.
If the commissioner is not satisfied that there are no undisclosed security interests created before the watercraft is initially titled, the commissioner may, in addition to its options under section 86B.830, subdivision 4, issue a distinctive certificate of title for the watercraft containing the legend: "This watercraft may be subject to an undisclosed lien," and any other information the commissioner prescribes.
86B.920 STOLEN WATERCRAFT.
A peace officer aware of a stolen or converted watercraft shall immediately furnish the commissioner with information concerning the theft or conversion.
The commissioner, upon receiving a report of the theft or conversion of a watercraft, shall record the report information, including the make of the stolen or converted watercraft and its builder's hull identification number, if any. The commissioner shall prepare a list of watercraft reported stolen and those recovered as disclosed by the reports submitted. The report may be distributed as the commissioner deems advisable.
If a stolen or converted watercraft is recovered, the owner shall immediately notify the commissioner.
85.20 VIOLATIONS OF RULES; LITTERING; PENALTIES.
(a) Any person who, within the limits of any outdoor recreation unit established in chapter 86A, shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen, or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface, or mutilate any guideboard, guidepost, furniture, fixture, improvement, monument, tablet, or other property of the state of any kind, or who shall willfully violate, or fail to comply with, any rule of the commissioner adopted according to section 86A.06, is guilty of a petty misdemeanor.
(b) Violations under paragraph (a) adopted for wildlife management areas described in section 86A.05, subdivision 8, are misdemeanors, consistent with game and fish law penalties defined in section 97A.301, subdivision 1, clause (6).
(c) If a different penalty is provided in another section of law for the violation and the person is charged under that section of law, the penalty specified for the violation will control over the penalty specified in paragraphs (a) and (b). Violations relating to the taking of wild animals are subject to the penalties as specified in the game and fish laws described in section 97A.011.
[Repealed, 1975 c 353 s 41]
[Repealed, 1975 c 353 s 41]
[Repealed, 1975 c 353 s 41]
[Repealed, 1975 c 353 s 41]
(a) No person shall drain, throw, or deposit upon the lands and waters within any unit of the outdoor recreation system as defined in section 86A.04 any substance, including cigarette filters and debris from fireworks, that would mar the appearance, create a stench, destroy the cleanliness or safety of the land, or would be likely to injure any animal, vehicle, or person traveling upon those lands and waters. The operator of a vehicle or watercraft, except a school bus or a vehicle transporting passengers for hire and regulated by a successor agency of the former Interstate Commerce Commission, shall not permit articles to be thrown or discarded from the vehicle upon any lands or waters within any unit of the outdoor recreation system.
(b) Violation of this subdivision is a misdemeanor. Any person sentenced under this subdivision shall in lieu of the sentence imposed be permitted, under terms established by the court, to work under the direction of the Department of Natural Resources at clearing rubbish, trash, and debris from any unit of the outdoor recreation system. The court may for any violation of this subdivision order the offender to perform such work under terms established by the court with the option of a jail sentence being imposed.
(c) In lieu of enforcement under paragraph (b), this subdivision may be enforced by imposition of a civil penalty and an action for damages for littering under section 115A.99.
85.205 RECEPTACLES FOR RECYCLING.
(a) The commissioner of natural resources must provide recycling conveniences at all state parks.
(b) State park managers must provide and maintain adequate receptacles for collection of food containers for recycling in all state parks.
(c) Appropriate recycling information must be available to all state park visitors.
(d) State park managers must post a notice of recycling availability at appropriate locations within each state park.
(e) State park managers must where practicable recycle the gathered recyclable materials, provide for the local unit of government to recycle the gathered materials, or contract with private nonprofit groups for recycling.
(f) Money collected by state park managers for recycling must be deposited in the state treasury and credited to the general fund.
85.21 STATE OPERATION OF PARK, MONUMENT, RECREATION AREA AND WAYSIDE FACILITIES; LICENSE NOT REQUIRED.
The state, in its operation of state park, state monument, state recreation area, and state wayside facilities, shall not be required to obtain or pay for permits or licenses required by statute or by ordinance of governmental subdivisions of private operators in conducting or maintaining similar business or facilities.
85.22 STATE PARKS WORKING CAPITAL ACCOUNT.
The revolving fund established under Laws 1941, chapter 548, section 37, subdivision E, item 4 is the state parks working capital account. The account is to be used to maintain and operate the revenue producing facilities and to operate the resource management and interpretive programs in the state parks within the limits in this section.
[Repealed, 1965 c 901 s 72]
All receipts derived from the rental or sale of state park items, tours, interpretation programs, educational programs, and operation of Douglas Lodge shall be deposited in the state treasury and be credited to the state parks working capital account. Receipts and expenses from Douglas Lodge shall be tracked separately within the account. Money in the account is annually appropriated for the purchase and payment of expenses attributable to items for resale or rental and operation of Douglas Lodge. Any excess receipts in this account are annually appropriated for state park management and interpretive programs.
Notwithstanding section 16A.1283, the commissioner of natural resources shall, by written order, adjust the schedule of charges for operating facilities within state parks so as to produce income sufficient to defray all expenses required to provide proper operations of said facilities. An adjustment to the schedule of charges is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
[Repealed, 1965 c 901 s 72]
Purchases for resale or rental made from the state parks working capital account are exempt from competitive bidding, notwithstanding chapter 16C.
85.23 COOPERATIVE LEASES OF AGRICULTURAL LANDS.
(a) On any agricultural lands however acquired, located within a state park, where the use of the lands would not conflict with normal park uses, cooperative farming leases on a sharecrop basis may be completed with nearby farmers to provide needed park services such as grassland restoration or development, weed control, and the provision of food plots, such as corn, for deer, pheasants and other wildlife species that are indigenous to the habitats existing in state parks and which are of value and interest to state park visitors and the general public.
(b) The sharecropping leases may be entered into for state park lands in lieu of any rental arrangement established for use with respect to state lands in any other provision of law.
85.32 STATE WATER TRAILS.
(a) The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to manage state water trails on the Lake Superior water trail under section 85.0155 and on the following rivers, which have historic, recreational, and scenic values: Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, Vermilion in St. Louis County, north fork of the Crow, and south fork of the Crow. The commissioner may map and sign points of interest, public water access sites, portages, camp sites, and dams, rapids, waterfalls, and other serious hazards that are dangerous to canoe, kayak, and watercraft travelers. The commissioner may maintain passageway for watercraft on state water trails.
(b) Notwithstanding section 10.49, the segment of the St. Croix River Water Trail between Wild River State Park and William O'Brien State Park is designated and named the Walter F. Mondale Scenic Riverway.
The commissioner may, in cooperation with local units of government as provided in subdivision 1, acquire land by purchase, grant, gift, devise, exchange, lease or easement for camp sites, rest areas, river accesses and portages. The acquisition of any parcel of land pursuant to this subdivision shall not exceed 20 acres, unless it will or should require a land survey or a larger parcel will be in the best interest of the state, in which case the commissioner may acquire land not to exceed 40 acres or unless specifically authorized by the executive council. The commissioner may also develop and be responsible for the maintenance of campsites, rest areas, river accesses, and portages on the areas acquired, or in cooperation with local units of government, organizations, or individuals, along those rivers designated in subdivision 1.
Areas acquired by easement or lease or areas designated and marked under this section shall not be subject to the provisions of section 160.06.
85.33 ST. CROIX WILD RIVER AREA; LIMITATIONS ON POWER BOATING.
For the purposes of this section, "motorboat" means any contrivance used or designed for navigation on water which is propelled in any respect by machinery, including but not limited to detachable motors.
In furtherance of the public policy declared by Congress in Public Law 90-542 and Public Law 92-560 of maintaining the essentially wild and scenic character of certain rivers, including a part of the St. Croix, and as an exercise of state powers either recognized or granted by Public Law 90-542 and Public Law 92-560, the commissioner of natural resources may promulgate rules, in the manner provided by chapter 14, which limit or prohibit the operation or use of motorboats on that part of the St. Croix River north of the mouth of the Snake River, located in Section 31, Township 39 North, Range 19 West.
After October 1, 1974, if the commissioner of natural resources has not established rules relating to the use of watercraft on that part of the St. Croix River south of the mouth of the Snake River but north of the nine-foot navigational channel at mile 24.5, measured from the mouth of the St. Croix River, pursuant to the request of a local governmental unit in the manner provided by section 86B.205, subdivision 9, the commissioner may establish such rules pursuant to section 86B.205, subdivision 9, notwithstanding the absence of a request from a local governmental unit and notwithstanding the absence of approval of the rules by a majority of the counties affected.
Rules promulgated by the commissioner pursuant to this section are effective upon adoption of laws or rules providing for similar limitations or prohibitions on the operation and use of motorboats on the same reach of St. Croix River by the state of Wisconsin or its agencies. In exercising the authority granted by this section the commissioner may enter into necessary agreements with either the United States and its agencies, pursuant to section 84.025, or the state of Wisconsin and its agencies.
A person violating any of the provisions of this section or the rules promulgated thereunder by the commissioner is guilty of a misdemeanor.
85.41 CROSS-COUNTRY-SKI PASSES.
While skiing on cross-country-ski trails, a person age 16 or over shall carry in immediate possession a valid cross-country-ski pass. A landowner who grants an easement for a grant-in-aid ski trail is not required to have a pass when skiing on the landowner's property.
[See Note.]
(a) The commissioner may appoint agents to issue and sell cross-country-ski passes. The commissioner may revoke the appointment of an agent at any time.
(b) The commissioner may promulgate additional rules as provided in section 97A.485, subdivision 11. An agent shall observe all rules promulgated by the commissioner for the accounting and handling of licenses pursuant to section 97A.485, subdivision 11.
(c) An agent must promptly deposit and remit all moneys received from the sale of passes, except issuing fees, to the commissioner.
(a) Participants in cross-country-ski races and residents of a state or local government operated correctional facility are exempt from the pass requirement in subdivision 1 if a special use permit has been obtained by the organizers of the event or those in an official capacity in advance from the agency with jurisdiction over the cross-country-ski trail. Permits shall require that permit holders return the trail and any associated facility to its original condition if any damage is done by the permittee. Limited permits for special events may be issued and shall require the removal of any trail markers, banners, and other material used in connection with the special event.
(b) Unless otherwise exempted under paragraph (a), students, teachers, and supervising adults engaged in school-sanctioned activities or youth activities sponsored by a nonprofit organization are exempt from the pass requirements in subdivision 1.
(c) A resident that is in the armed forces of the United States, stationed outside of the state, and in the state on leave is exempt from the pass requirement in subdivision 1 if the resident possesses official military leave papers.
(d) A resident who has served at any time during the preceding 24 months in federal active service, as defined in section 190.05, subdivision 5c, outside the United States as a member of the National Guard, or as a reserve component or active duty member of the United Stated armed forces and has been discharged from active service is exempt from the pass requirement in subdivision 1 if the resident possesses official military discharge papers.
The commissioner and agents shall issue and sell cross-country-ski passes. The pass shall be with the skier and available for inspection by any peace or conservation officer. The pass shall include the applicant's information deemed necessary by the commissioner.
[See Note.]
In addition to the fee for a cross-country-ski pass, an issuing fee of $1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass. Issuing fees for passes issued by the commissioner shall be deposited in the cross-country-ski account in the natural resources fund and retained for the operation of the electronic licensing system. A pass shall indicate the amount of the fee that is retained by the seller.
85.40 DEFINITIONS.
For purposes of sections 85.40 to 85.45 the following terms have the meanings given them.
"Commissioner" means the commissioner of natural resources.
"Cross-country ski grant-in-aid program" means a program administered by the department, as described in section 85.44.
"Cross-country-ski race" means a timed skiing event organized for the participation of a large number of skiers at one time over a course prepared specifically for a ski race.
"Cross-country-ski trail" means a public pathway designated and promoted for cross-country skiing in state parks as defined in section 85.012, on state forest lands as defined in section 89.001, on state trails as defined in section 85.015, on elements of the regional recreation open space system as defined in section 473.147, or on trails within the cross-country ski grant-in-aid program as defined in section 85.44.
"Cross-country skiing" means traveling across country over snow by human power on skis. "Cross-country skiing" does not require the use of lifts, tows, or other mechanical devices.
"Department" means the Department of Natural Resources.
85.42 USER FEE; VALIDITY.
(a) The fee for an annual cross-country-ski pass is $24 for an individual age 16 and over. The fee for a three-year pass is $69 for an individual age 16 and over. This fee must be collected at the time the pass is purchased. Three-year passes are valid for three years beginning the previous July 1. Annual passes are valid for one year beginning the previous July 1.
(b) The cost for a daily cross-country skier pass is $9 for an individual age 16 and over. This fee must be collected at the time the pass is purchased. The daily pass is valid only for the date designated on the pass form.
(c) A pass must be signed by the skier across the front of the pass to be valid and is nontransferable when signed.
(d) The commissioner and agents must issue a duplicate pass to a person whose pass is lost or destroyed using the process established under section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate cross-country-ski pass is $2.
85.44 CROSS-COUNTRY-SKI TRAIL GRANT-IN-AID PROGRAM.
The commissioner shall establish a grant-in-aid program for local units of government and special park districts to acquire, develop, and maintain cross-country-ski trails that are determined by the commissioner to be part of the state's grant-in-aid system. Grants are available to acquire trail easements but may not be used to acquire any lands in fee title. Local units of government and special park districts applying for and receiving grants under this section are considered to have cross-country-ski trails for one year following the expiration of their last grant. The department shall reimburse all public sponsors of grants-in-aid cross-country-ski trails based upon criteria established by the department. Before using any reimbursement criteria, a certain proportion of the revenues must be allocated on the basis of user fee sales location. The commissioner may establish a performance-based funding formula for annual grants-in-aid. The procedures and criteria for grants-in-aid are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. In administering the performance-based grants-in-aid, the commissioner must:
(1) determine annual grant amounts based on a funding formula that includes consideration of historical costs, snowfall, use, and tourism;
(2) make grant payments based on:
(i) successful completion of performance benchmarks;
(ii) reimbursement of eligible expenditures; or
(iii) a combination of items (i) and (ii); and
(3) assess penalties to nonperforming grant-in-aid recipients, which may include withholding grant payments or making the grantee or trail system ineligible for future grant-in-aid funding.
85.43 DISPOSITION OF RECEIPTS; PURPOSE.
Fees from cross-country-ski passes shall be deposited in the state treasury and credited to a cross-country-ski account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are appropriated to the commissioner of natural resources for:
(1) grants-in-aid for cross-country-ski trails to:
(i) counties and municipalities for construction and maintenance of cross-country-ski trails; and
(ii) special park districts as provided in section 85.44 for construction and maintenance of cross-country-ski trails;
(2) administering the cross-country-ski trail grant-in-aid program; and
(3) developing and maintaining state cross-country-ski trails.
85.47 SPECIAL-USE PERMITS; FEES.
The commissioner may, by written order, develop reasonable policies for special-use permits to use state trails and state water access sites. The policies are exempt from the rulemaking provisions under chapter 14, and section 14.386 does not apply.
Fees collected for special-use permits to use state trails and state water access sites not on state forest, state park, or state recreation area lands must be deposited in the natural resources fund and are appropriated to the commissioner of natural resources for operating and maintaining state trails and water access sites.
85.45 PENALTIES.
No person may ski on a cross-country-ski trail without a valid cross-country-ski pass. Any person who violates this subdivision is guilty of a petty misdemeanor.
[See Note.]
A person who knowingly makes a false statement related to an application for a cross-country-ski pass is guilty of a petty misdemeanor.
85.50 DEFINITION.
For purposes of sections 85.50 to 85.52, "central Minnesota regional parks and trails plan" or "plan" means a recreational park and trail plan in the counties of Stearns, Benton, and Sherburne that includes, at a minimum, existing regionally significant parks and trails that are identified in the plan under a local unit of government jurisdiction and includes newly developed parks and trails or trail connections to communities, parks, or public open space.
85.51 PLANNING; COORDINATION.
Plan development, adoption, and amendments shall be coordinated with the counties of Stearns, Benton, and Sherburne by an appropriate regional parks and trail coordination board that is created under a joint powers agreement.
85.52 GRANTS; PRIORITIES.
The Regional Parks and Trail Coordination Board under section 85.51 may administer grants from the United States, the state, or other sources to develop, enhance, or maintain the central Minnesota regional parks and trails plan, and must dispose of grant money in accordance with the acceptance of any agreement or contract. In developing, enhancing, and maintaining the plan, the Parks and Trails Coordination Board must develop priorities for expenditure of grant money.
85.535 PARKS AND TRAILS GRANT PROGRAM.
The commissioner of natural resources shall administer a program to provide grants from the parks and trails fund to support parks and trails of regional or statewide significance. Grants shall not be made under this section for state parks, state recreational areas, or state trails.
In awarding trails grants under this section, the commissioner shall give priority to trail projects that provide:
(1) connectivity;
(2) enhanced opportunities for commuters; and
(3) enhanced safety.
A grant amount is not subject to a maximum grant award limitation. Additional consideration shall be given to applicants who provide a nonstate cash match.
The commissioner is not subject to the rulemaking provisions of chapter 14 in implementing this section, and section 14.386 does not apply.
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.05 PROHIBITED INVASIVE SPECIES.
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 when specifically authorized 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 being removed from watercraft and equipment, or caught while angling, and immediately returned to the water from which they came;
(7) when being transported from riparian property to a legal disposal site that is at least 100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited invasive species are in a covered commercial vehicle specifically designed and used for hauling trash; or
(8) as the commissioner may otherwise prescribe by rule.
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.09 AQUATIC MACROPHYTES.
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.
Unless otherwise prohibited by law, a person may transport aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) 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;
(3) when legally purchased or traded by or from commercial or hobbyist sources for aquarium, wetland or lakeshore restoration, or ornamental purposes;
(4) when harvested for personal or commercial use if in a motor vehicle;
(5) 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;
(6) that are wild rice harvested under section 84.091;
(7) 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;
(8) when removing water-related equipment from waters of the state for purposes of cleaning off aquatic macrophytes before leaving a water-access site; or
(9) when being transported from riparian property to a legal disposal site that is at least 100 feet from any surface water, ditch, or seasonally flooded land, provided the aquatic macrophytes are in a covered commercial vehicle specifically designed and used for hauling trash.
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.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.
85A.001 PURPOSE.
It is the intent of the legislature to foster a partnership between the private sector and the state for the purpose of operating a zoological garden. The legislature seeks to enable the Minnesota Zoological Garden to operate independently, efficiently, and economically and to be active in soliciting nonstate contributions. The legislature seeks to have the food and beverage facilities at the zoological garden operated in a manner designed to respond to the food and beverage service demands of visitors while maximizing the economic benefits accruing to the zoological garden from the operation of food and beverage facilities.
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.
84D.06 UNLISTED NONNATIVE SPECIES.
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.
(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.04 CLASSIFICATION OF NONNATIVE SPECIES.
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 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.
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.
85A.01 CREATION; ORGANIZATION.
(a) The Minnesota Zoological Garden is established under the supervision and control of the Minnesota Zoological Board. The board consists of 30 public and private sector members having a background or interest in zoological societies or zoo management or an ability to generate community interest in the Minnesota Zoological Garden. Fifteen members shall be appointed by the board after consideration of a list supplied by board members serving on a nominating committee, and 15 members shall be appointed by the governor. One member of the board must be a resident of Dakota County and shall be appointed by the governor after consideration of the recommendation of the Dakota County Board. Board appointees shall not be subject to the advice and consent of the senate.
(b) To the extent possible, the board and governor shall appoint members who are residents of the various geographic regions of the state. Terms, compensation, and removal of members are as provided in section 15.0575, except that a member may be compensated at the rate of up to $125 a day. In making appointments, the governor and board shall utilize the appointment process as provided under section 15.0597 and consider, among other factors, the ability of members to garner support for the Minnesota Zoological Garden.
(c) A member of the board may not be an employee of or have a direct or immediate family financial interest in a business that provides goods or services to the zoo. A member of the board may not be an employee of the zoo.
[Repealed, 1Sp1985 c 13 s 376 subd 3]
[Repealed, 1989 c 335 art 1 s 270]
The board shall annually elect from among its members a chair and other officers necessary for the performance of its duties.
The director, officers and employees are included in the meaning of state employee under the provisions of section 352.01, subdivision 2A.
The board shall meet at such times and places as it may determine.
Members of the board are not required to file a statement of economic interest with the state Campaign Finance and Public Disclosure Board under section 10A.09.
84D.108 SERVICE PROVIDER PERMIT.
(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 must display the service provider permit decal issued with their permit. The decal must be completely affixed by its own adhesive on the inside of the extreme lower corner of the driver's windshield of the vehicle being operated while providing services described in section 84D.01, subdivision 15a.
(a) Service providers must complete invasive species training provided by the commissioner and pass an examination to qualify for a permit. Service provider permits are valid for three calendar years.
(b) A $50 application and testing fee is required for service provider permit applications.
(c) Persons working for a permittee must satisfactorily complete aquatic invasive species-related training provided by the commissioner, except as provided under paragraph (d).
(d) A person working for and supervised by a permittee is not required to complete the training under paragraph (c) if the water-related equipment or other water-related structures remain on the riparian property owned or controlled by the permittee and are only removed from and placed into the same water of the state.
MS 2018 [Expired, 2017 c 93 art 2 s 25]
MS 2019 Supp [Expired, 2017 c 93 art 2 s 26]
MS 2019 Supp [Expired, 2017 c 93 art 2 s 27]
The commissioner may issue, deny, modify, or revoke a permit as provided in section 84D.11, subdivision 3.
Permit decisions may be appealed as provided in section 84D.11, subdivision 4.
84D.11 PERMITS.
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.
The commissioner may issue a permit to departmental divisions for tagging bighead, black, grass, or silver carp for research or control. Under the permit, the carp may be released into the water body from which the carp was captured.
The commissioner may issue a permit for the introduction of a regulated invasive species.
(a) The commissioner may issue a permit to allow the harvest of bait:
(1) from waters that are listed as infested waters, except those listed because they contain prohibited invasive species of fish or certifiable diseases of fish as defined in section 17.4982, subdivision 6; and
(2) from infested waters as allowed under section 97C.341, paragraph (c).
The permit shall include conditions necessary to avoid spreading aquatic invasive species.
(b) Before receiving a permit, or working for a permittee, a person annually must satisfactorily complete aquatic invasive species-related training provided by the commissioner.
The commissioner may issue a permit under this section or an authorization under other licenses or permits pursuant to sections 97C.801, 97C.811, and 103G.271 to allow the transport of water in containers or water-related equipment specifically designed and used for hauling water.
The commissioner may issue a permit to allow the transport of aquatic macrophytes to locations specified in the permit for purposes of research, education, and decontaminating equipment.
The commissioner may issue special permits for the activities in this section. A special permit may be issued in the form of a general permit to a governmental subdivision or to the general public to conduct one or more activities under a single permit.
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.
A permit decision may be appealed as a contested case under chapter 14.
84D.12 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.
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 listed infested waters.
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; and
(3) unregulated nonnative species of aquatic plants and wild animals.
85A.04 ZOOLOGICAL GARDEN ACCOUNTS OPERATING RECEIPTS.
All receipts from parking and admission to the Minnesota Zoological Garden shall be deposited in the state treasury and credited to an account in the special revenue fund, and are annually appropriated to the board for operations and maintenance.
[Repealed, 1979 c 333 s 108]
[Repealed, 1979 c 333 s 108]
[Repealed, 1989 c 271 s 36]
[Repealed, 1Sp1985 c 13 s 376]
All receipts and interest from the operation of zoo concessions, memberships, and donations must be deposited in a special account in the special revenue fund and are appropriated to the board.
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.
84D.15 INVASIVE SPECIES ACCOUNT.
The invasive species account is created in the state treasury in the natural resources fund.
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 species account. Each year, the commissioner of management and budget must transfer from the game and fish fund to the invasive species account, the annual surcharge collected on nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b). Each fiscal year, the commissioner of management and budget shall transfer $375,000 from the water recreation account under section 86B.706 to the invasive species account.
Money credited to the invasive species account in subdivision 2 shall be used for management of invasive species and implementation of this chapter as it pertains to invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, habitat improvements, and research.
87A.01 DEFINITIONS.
The definitions in this section apply to sections 87A.01 to 87A.08.
"Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity.
"Shooting range" or "range" means an area or facility designated or operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law.
"Shooting range performance standards" means the best practices for shooting range performance standards identified in section 87A.02.
"Local unit of government" means a home rule charter or statutory city, county, town, or other political subdivision.
87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES.
A shooting range that operates in compliance with the shooting range performance standards must be permitted to do all of the following within its geographic boundaries, under the same or different ownership or occupancy, if done in accordance with shooting range performance standards:
(1) operate the range and conduct activities involving the discharge of firearms;
(2) expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range;
(3) make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards;
(4) increase events and activities related to the primary activity as a shooting range;
(5) conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m. A local unit of government with zoning jurisdiction over a shooting range may extend the hours of operation by the issuance of a special or conditional use permit; and
(6) acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter.
A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards under this chapter.
Nothing in this section exempts any newly constructed or remodeled building on a shooting range from compliance with fire safety, disability accessibility, elevator safety, bleacher safety, or other provisions of the State Building Code that have mandatory statewide application.
87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES.
[Repealed, 2012 c 277 art 1 s 91]
For purposes of this chapter, the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as best practices for shooting range performance standards.
87A.04 MITIGATION AREA.
(a) Except for those uses, developments, and structures in existence or for which approval has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or construction of a structure shall be approved for any portion of property within 750 feet of the perimeter property line of an outdoor shooting range if the change in use, development, or construction would cause an outdoor shooting range in compliance with this chapter to become out of compliance.
(b) A change in use, new development, or construction of a structure subject to this section may be approved if the person seeking the approval or, at the discretion of the governing body, the approving authority agrees to provide any mitigation required to keep the range in compliance with this chapter. The person requesting an approval subject to this section is responsible for providing documentation if no mitigation is required under this section. Failure to provide the documentation or any mitigation required under this section exempts the range from being found out of compliance with the shooting range performance and noise standards of this chapter with regard to the property responsible for the mitigation if the failure to provide the documentation or required mitigation is the sole basis for the range being out of compliance with the shooting range performance standards. Any action brought by the owner of the property against the range is subject to section 87A.06. With the permission of the range operator, any mitigation required under this section may be provided on the range property.
87A.05 NOISE STANDARDS.
Allowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level shall be measured outside of the range property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28, 2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount of sound energy as the time varying sound level for a 60-minute time period.