SB 123

Under current law, the Department of Natural Resources (DNR) administers

various laws to control invasive species. DNR also regulates the placement of certain

boats, boat trailers, and equipment (boats) in navigable waters with aquatic plants

attached. This draft makes various changes to those laws and imposes new

restrictions relating to invasive species and aquatic plants and animals.

Placement of certain objects in navigable waters

Under current law, no person may place or use a boat in a navigable water if the

person has reason to believe that it has any aquatic plants attached. Current law

also prohibits the placement or use of a boat in the Lower St. Croix River if the person

has reason to believe that the boat has zebra mussels attached. This bill expands

these restrictions by prohibiting the placement or operation of any vehicle, seaplane,

watercraft, or other object of any kind in a navigable water if the object has any

aquatic plants or aquatic animals attached. Under the bill, this prohibition applies

regardless of whether the person had reason to believe that such plants or animals

are attached. The bill specifies that the prohibition does not require a person to

remove attached aquatic plants or animals during the period of time when the object

is being used in the same navigable body of water in which the aquatic plants or

animals became attached.

Current law authorizes a law enforcement officer to order a person to remove

aquatic plants from a boat before placing the boat in a navigable water and to remove

a boat from, or to not place a boat in, a navigable water if the law enforcement officer

has reason to believe that the boat has aquatic plants attached. This bill broadens

this authority to allow a law enforcement officer to order removal of aquatic animals

in addition to aquatic plants and to order their removal from any vehicle, seaplane,

watercraft, or other object of any kind before placing it in a navigable water. Under

this expanded authority a law enforcement officer may also order removal of any

object from a navigable water.

Transportation of vehicles, watercraft, seaplanes, and other objects.

Current law prohibits any person, with certain exceptions, from transporting

a boat on a highway if it has an invasive species attached to the boat. This bill

expands this prohibition. Under this bill, no person may transport or operate a

vehicle, watercraft, or other object of any kind on a highway with aquatic plants or

aquatic animals attached. The bill also prohibits a person from taking off with a

seaplane with such plants or animals attached. The bill also authorizes, with certain

exceptions, a law enforcement officer to order a person not to take off with a seaplane

or not to transport or operate a vehicle, watercraft, or other object on a highway if

the law enforcement officer has reason to believe that it has aquatic plants or aquatic

animals attached. Under the bill, the transportation restrictions do not apply to

certain persons, including a person who transports commercial aquatic plant

harvesting equipment for the purpose of cleaning the equipment to remove aquatic