Commissioner of natural resources authority modification to provide training to individuals to inspect watercraft for aquatic macrophytes, aquatic invasive species, and water

A bill for an act

relating to natural resources; modifying the authority of the commissioner of natural

resources to provide training to individuals to inspect watercraft for aquatic

macrophytes, aquatic invasive species, and water; amending Minnesota Statutes

2024, section 84D.105, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 84D.105, subdivision 2, is amended to read:

Subd. 2.

Inspector authority.

(a) The commissioner shall train and authorize individuals

to inspect water-related equipment for aquatic macrophytes, aquatic invasive species, and

water.
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The commissioner may not require an individual to attend more than one in-person

training under this subdivision and may require an individual to attend web-based or remote

training no more than once every three years.
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The commissioner may enter into a delegation

agreement with a tribal or local government where inspection authority as provided under

paragraphs (b), (g), and (h) is delegated to tribal and local governments. The delegation

agreements may provide for the assumption of legal, financial, and administrative

responsibilities for inspection programs on some or all public waters within their jurisdiction.

(b) Inspectors may visually and tactilely inspect watercraft and water-related equipment

to determine whether aquatic invasive species, aquatic macrophytes, or water is present. If

a person transporting watercraft or water-related equipment refuses to take required corrective

actions or fails to comply with an order under section
84D.10
, subdivision 3, an inspector

who is not a licensed peace officer shall refer the violation to a conservation officer or other

licensed peace officer.

(c) In addition to paragraph (b), a conservation officer or other licensed peace officer

may inspect any watercraft or water-related equipment that is stopped at a water-access site,

any other public location in the state, or a private location where the watercraft or

water-related equipment is in plain view, if the officer determines there is reason to believe

that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or

water-related equipment.

(d) Conservation officers or other licensed peace officers may utilize check stations in

locations, or in proximity to locations, where watercraft or other water-related equipment

is placed into or removed from waters of the state. Any check stations shall be operated in

a manner that minimizes delays to vehicles, equipment, and their occupants.

(e) Conservation officers or other licensed peace officers may order water-related

equipment to be removed from a water body if the commissioner determines such action is

needed to implement aquatic invasive species control measures.

(f) The commissioner may require mandatory inspections of water-related equipment

before a person places or removes water-related equipment into or out of a water body.

Inspection stations may be located at or near public water accesses or in locations that allow

for servicing individual or multiple water bodies. The commissioner shall ensure that

inspection stations:

(1) have adequate staffing to minimize delays to vehicles and their occupants;

(2) allow for reasonable travel times between public accesses and inspection stations if

inspection is required before placing water-related equipment into a water body;

(3) are located so as not to create traffic delays or public safety issues;

(4) have decontamination equipment available to bring water-related equipment into

compliance; and

(5) do not reduce the capacity or hours of operation of public water accesses.

(g) The commissioner may authorize tribal and local governments that enter into a

delegation agreement with the commissioner to conduct mandatory inspections of

water-related equipment at specified locations within a defined area before a person places

or removes water-related equipment into or out of a water body. Tribal and local governments

that are authorized to conduct inspections under this paragraph must:

(1) to the extent called for in the delegation agreement, assume legal, financial, and

administrative responsibilities for implementing the mandatory inspections, alone or in

agreement with other tribal or local governments;

(2) employ inspectors that have been trained and authorized by the commissioner;

(3) conduct inspections and decontamination measures in accordance with guidelines

approved by the commissioner;

(4) have decontamination equipment available at inspection stations or identify alternative

decontamination equipment locations within a reasonable distance of the inspection station

that can bring water-related equipment into compliance;

(5) provide for inspection station locations that do not create traffic delays or public

safety issues; and

(6) submit a plan approved by the commissioner according to paragraph (h).

(h) Plans required under paragraph (g) must address:

(1) no reduction in capacity or hours of operation of public accesses and fees that do not

discourage or limit use;

(2) reasonable travel times between public accesses and inspection stations;

(3) adequate staffing to minimize wait times and provide adequate hours of operation

at inspection stations and public accesses;

(4) adequate enforcement capacity;

(5) measures to address inspections of water-related equipment at public water accesses

for commercial entities and private riparian landowners; and

(6) other elements as required by the commissioner to ensure statewide consistency,

appropriate inspection and decontamination protocols, and protection of the state's resources,

public safety, and access to public waters.

(i) A government unit authorized to conduct inspections under this subdivision must

submit an annual report to the commissioner summarizing the results and issues related to

implementing the inspection program.

(j) The commissioner may waive the plan requirement in paragraph (g) for inspection

programs where authorized inspectors are placed directly at one or more water-access sites,

with no requirement for a person to travel from the water access for inspection or

decontamination, and no local ordinance or other regulation requiring a mandatory inspection

before placing watercraft or water-related equipment into a water body or after watercraft

or water-related equipment are removed from a water body.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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