Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
[Repealed, 32 SR 724]
Subp. 1a.
Diversion, appropriation, and transportation.
A. Water from designated infested waters may
not be diverted to other waters, transported on a public road, or transported
or appropriated off property riparian to infested waters except:
(1) in emergencies that threaten human safety
or property;
(2) as specified in a
water appropriation or public waters work permit issued by the commissioner
according to Minnesota Statutes, chapter 103G; or
(3) under a permit issued according to this
part.
B. For newly
designated infested waters or infested waters that are newly designated with an
additional invasive species, the commissioner shall review active water
appropriation or public waters work permits issued under Minnesota Statutes,
chapter 103G, and may amend permits to include conditions that prevent the
spread of invasive species.
C. The
following conditions may be included in permits issued under this part or
Minnesota Statutes, chapter 103G, to prevent the spread of invasive species:
(1) seasonal or other timing
restrictions;
(2) requirements to
treat water, including chemical, ultraviolet, heat, filtering, or other
treatment; and
(3) requirements for
discharge or disposal of water.
Subp. 2.
Disposition of water used to
transport wild animals from infested waters.
Water used to transport wild animals from infested waters,
including water from waters or facilities permitted to hold fish from infested
waters, may be disposed of only at sites approved in writing by the
commissioner.
Subp. 3.
[Repealed, 32 SR 724]
Subp. 4.
[Repealed, 32 SR 724]
Subp. 5.
Fish hatchery or aquatic farm operations in infested waters.
A. Natural lakes or wetland basins that are
designated as infested waters will not be licensed by the department pursuant
to Minnesota Statutes, section
17.4984, for
aquatic farms or pursuant to Minnesota Statutes, section
97C.211,
as private fish hatcheries.
B.
Artificial water basins that have populations of prohibited or regulated
invasive species may be used for aquatic farm or private hatcheries under
license by the department. After notifying a licensee that an artificial water
basin has a prohibited or regulated invasive species, the commissioner may
require that nets, traps, buoys, stakes, and lines that have been used in such
artificial water basins must be dried for a minimum of ten days, or frozen for
a minimum of two days, before they are used in noninfested waters. All aquatic
plants must be removed from nets and other equipment that are removed from the
artificial water basins.
C. The
commissioner may license aquatic farm or private fish hatchery facilities to
use infested waters as a source for the facilities' water. The commissioner may
require that the waters be treated to eliminate prohibited or regulated
invasive species.
D. Fish raised in
artificial water basins that have populations of prohibited or regulated
invasive species, or in any facility using infested water as a source, must be
sold directly to a wholesale buyer for processing, except:
(1) the commissioner may by permit allow the
stocking or transport of such fish where the receiving waters contain
populations of the same prohibited or regulated invasive species as the source
facility's waters; or
(2) the
commissioner may by permit allow the stocking or transport of such fish in
water bodies that do not contain populations of prohibited or regulated
invasive species if the source facility uses adequate treatment to remove the
prohibited or regulated invasive species from the facility.
Subp. 6.
Infested
waters diversion or transportation permits.
Applications for permits issued pursuant to this part, to
divert or transport water from infested waters, shall be made on forms obtained
from the commissioner and shall contain information as the commissioner may
prescribe. The department shall act upon the application within 90 days of
receipt. Failure on the part of the department to act upon the permit within
the required time shall not be construed as approval of the application.
Permits shall state all the conditions and limitations upon which they are
based. A permit may be modified at any time by the department.
Statutory Authority: MS s 84.9691;
84D.12
