Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Amendments and revocation.
The commissioner may amend or revoke an APM permit or suspend
aquatic plant management or commercial harvest activities without prior notice
whenever it has been determined that it is necessary to protect the interests
of the public, to protect human life, or to protect fish, wildlife, and native
plants.
Subp. 1a.
Permit revocation for violation of rules.
A. A person who receives an APM-related
conviction may be subject to an APM-related permit revocation. The commissioner
shall consider the following criteria in determining whether to invoke an
APM-related permit revocation:
(1) the extent
and number of violations leading to the conviction;
(2) the extent and number of prior aquatic
plant management-related convictions; and
(3) the extent to which the person had
received prior warnings regarding unlawful aquatic plant management
activities.
B. A person
who receives two separate APM-related convictions in a three-year period is
subject to an APM-related permit revocation for one year from the date of the
second conviction. A person who receives an APM-related conviction after being
subject to an APM-related permit revocation is subject to an APM-related permit
revocation for five years from the date of the conviction. The commissioner
shall require a person who has had an APM-related permit revocation to
participate in an aquatic plant management workshop before the person can
receive an APM, commercial mechanical control, or commercial harvest permit. If
the commissioner requires a person to participate in a workshop before
receiving a permit, the commissioner shall make the workshop available so as
not to delay the issuance of the permit. A person who is subject to an
APM-related permit revocation may request review pursuant to part
6280.1100, subpart
1, during which time the
revocation will be suspended until all administrative appeals are exhausted.
The commissioner may overturn an APM-related permit revocation after review
pursuant to part
6280.1100, subpart
1.
C. An APM-related conviction is considered to
be separate from a prior APM-related conviction if it arises from a course of
conduct that is separate from the conduct that resulted in the prior
conviction.
Subp. 2.
Amendments by request.
The commissioner may amend a commercial mechanical control,
APM, or commercial harvest permit upon request from the permittee if the
amendment maintains adequate protection for interests of the public, human
life, and fish, wildlife, and native plants.
Statutory Authority: MS s
103G.615
