HF4337

Purpose

• Update how Minnesota trains and authorizes people to inspect water-related equipment for aquatic macrophytes, aquatic invasive species, and water, in order to prevent the spread of invasive species and protect public waters.

Key Provisions and What They Do

• Training and inspector authority
  • The commissioner must train and authorize individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive species, and water.
  • In-person training can’t be required more than once per person; web-based or remote training can be required no more than once every three years.
• Delegation to tribal and local governments
  • The commissioner may enter into delegation agreements to let tribes or local governments assume inspection authority for all or part of public waters.
  • Delegation can transfer legal, financial, and administrative responsibilities for inspection programs.
• Inspector powers and procedures
  • Inspectors (staff who are trained and authorized) may visually and tactically inspect watercraft and water-related equipment to check for AIS, macrophytes, or water presence.
  • If a person refuses required actions or disobeys an order related to AIS control, an inspector who is not a licensed peace officer must refer the matter to a conservation officer or other licensed peace officer.
  • Conservation officers or other licensed peace officers may inspect watercraft at water access sites, at other public locations, or in plain view where there is reason to believe AIS or macrophytes may be present.
  • Check stations may be used near locations where watercraft are placed into or removed from waters, designed to minimize delays.
  • Officers may order removal of water-related equipment from a water body if needed for AIS control.
• Mandatory inspections and inspection stations
  • The commissioner may require mandatory inspections of water-related equipment before placing into or removing from a water body.
  • Inspection stations must be designed to minimize delays, allow reasonable travel times between accesses and stations, and ensure decontamination capabilities without reducing access capacity.
• Tribal/local government inspections under delegation
  • Authorized tribes/local governments can conduct mandatory inspections at specified locations within a defined area before equipment enters or leaves a water body.
  • They must assume the required legal, financial, and administrative responsibilities, hire trained inspectors, conduct inspections and decontamination per commissioner-approved guidelines, provide decontamination equipment or nearby alternatives, and ensure locations don’t cause traffic or safety issues.
  • They must submit a plan to the commissioner detailing staffing, enforcement capacity, travel times, and other elements to ensure statewide consistency and public safety.
• Plan requirements and oversight
  • Plans must address: no reduction in public access capacity or hours; reasonable travel times; adequate staffing and operation hours; enforcement capacity; coverage for commercial entities and private riparian landowners; and other factors the commissioner requires.
• Annual reporting and waivers
  • Government units conducting inspections must submit an annual report to the commissioner on results and issues.
  • The commissioner can waive the plan requirement if inspections are placed directly at one or more water access sites with no travel for inspections, and there is no local regulation mandating an inspection.

Significant Changes to Existing Law

• Expands authority by allowing trained non-police personnel to inspect for AIS and aquatic macrophytes, with strict referral processes for violations.
• Introduces formal, state-approved delegation of inspection duties to tribal and local governments, including responsibilities for funding, staffing, and decontamination.
• Establishes mandatory inspection authority and inspection stations, with concrete standards to minimize delays and protect public safety.
• Requires formal inspection planning, statewide consistency guidelines, and annual reporting to the state.
• Creates a framework for statewide enforcement and decontamination protocols at public water accesses and other locations.

Practical Implications

• Residents and visitors may encounter more inspections of water-related equipment near public water accesses.
• Tribal and local governments may play a larger role in enforcement, subject to delegation agreements and approved plans.
• Training requirements for inspectors are streamlined, with a mix of in-person and online options.

Public Safety and Access Considerations

• Measures are designed to prevent the spread of invasive species while aiming to avoid unnecessary delays or closures of public water accesses.
• Decontamination equipment and procedures are required at inspection stations or nearby locations to ensure equipment is cleaned before entering or leaving a water body.

Relevant Terms

• aquatic macrophytes
• aquatic invasive species (AIS)
• water-related equipment
• watercraft
• inspection stations
• decontamination
• mandatory inspections
• check stations
• delegation agreement
• tribal governments
• local governments
• conservation officer
• licensed peace officer
• training (in-person, web-based, remote)
• public water accesses
• enforcement
• impediments to traffic delays
• statewide consistency
• annual reporting
• compliance and orders under 84D.10 subdivision 3

Relevant Terms - aquatic macrophytes - aquatic invasive species - water-related equipment - watercraft - inspection stations - decontamination - mandatory inspections - check stations - delegation agreement - tribal governments - local governments - conservation officer - licensed peace officer - training - public water accesses - enforcement - statewide consistency - annual reporting - compliance orders