Subpart 1.
Requirement.
No person may possess, import, purchase, propagate, or
transport a prohibited invasive species without a permit from the commissioner
issued according to this part, except as authorized by Minnesota Statutes,
section
84D.05.
No person may introduce a regulated invasive species without a permit from the
commissioner issued according to this part, except as authorized in subpart 2.
A regulated invasive species permit is not required for a person to possess,
import, purchase, propagate, transport, own, or sell a regulated invasive
species.
Subp. 2.
Exemptions and alternate permits for regulated invasive species.
In lieu of an additional permit issued under Minnesota
Statutes, section
84D.11, permits and
licenses issued under Minnesota Statutes, sections
17.4981
to
17.4994, and
Minnesota Statutes, chapter 97C, and rules adopted thereunder, may authorize
the introduction of regulated invasive species, provided that the conditions
specified in those permits and licenses are in accordance with this
part.
Subp. 3.
Prohibited invasive species permit limitation.
A person may apply for a permit for prohibited invasive species
only for the purposes of disposal, decontamination, control, research, or
education according to Minnesota Statutes, section
84D.11, subdivision
1.
Subp. 4.
Eligibility; prohibited invasive species permit.
An applicant for a prohibited invasive species permit
must:
A. have experience in the skills
necessary for handling potentially harmful species, including:
(1) knowledge of precautions necessary to
prevent spread through handling; or
(2) previous experience handling invasive
species without allowing escapes;
B. maintain a facility or transportation
equipment that prevents the escape of nonnative species;
C. if the applicant is an individual, be at
least 18 years of age at the time the application is received by the
department; and
D. if the applicant
is a corporation, limited partnership, or other business entity, be qualified
to do business in Minnesota as shown by a certificate of authority to transact
business in Minnesota or a certificate of limited partnership from the
Minnesota Secretary of State.
Subp.
5.
Permit application.
A. Written application for a permit for a
prohibited or regulated invasive species shall be made on a form prescribed by
the commissioner and shall contain the following:
(1) the legal name, address, daytime and
evening telephone numbers, and, if an individual, date of birth of the
applicant;
(2) the scientific and
common names of either the prohibited invasive species that the applicant
desires to propagate, possess, import, purchase, or transport or the regulated
invasive species that the applicant desires to introduce;
(3) a detailed description of the activity
the applicant will be undertaking;
(4) a detailed description of the facilities
or transportation equipment to be used and an explanation of how the equipment
is sufficient to prevent an unauthorized introduction of a prohibited invasive
species;
(5) a description of the
applicant's experience in handling the same or similar species;
(6) a written contingency plan for
eradication or recapture in the event of an unauthorized introduction of the
prohibited invasive species; and
(7) an agreement to comply with the
requirements of this chapter.
B. The commissioner may request additional
information from the applicant in writing after the application is received if
necessary to evaluate the potential risk to the state's resources.
C. The commissioner shall review the permit
applications and respond to the applicant within 30 days of receipt of the
application or the additional information requested in item B.
Subp. 6.
Inspection of
facilities or equipment.
After receipt of an application for a prohibited invasive
species permit, and a determination by the commissioner that the applicant has
satisfied all the initial requirements for a permit as described in this part,
the commissioner may inspect the applicant's holding facilities or other
containment or transportation equipment. Facilities holding prohibited invasive
species under permit are subject to inspection by the commissioner at any
reasonable time.
Subp. 7.
Transferability.
A permit issued under this part is not transferable.
Subp. 8.
Expiration date and
renewal.
All prohibited invasive species and regulated invasive species
permits expire at midnight on December 31 of each year, unless otherwise
specified in the permit. Applications for renewal of permits shall be made by
October 1 of the year the permit expires. Applications for renewal shall
describe any changes to the information initially required in subpart 5.
Subp. 9.
Revocation of
permit.
A. The commissioner may revoke
all or part of a permit issued under this part when:
(1) the commissioner determines that a
permittee has failed to comply with this chapter; or
(2) it is necessary to protect the interests
of the public, to protect native plant and animal populations in the state, or
to otherwise protect the state's natural resources.
B. Except in an emergency situation when
delay would threaten the state's natural resources, the commissioner shall, at
least 14 days prior to the effective date of the revocation, inform the permit
holder in writing of the nature of the revocation and of the conditions that,
in the commissioner's opinion, require revocation.
C. Within 30 days of receipt of a notice of
revocation, the permit holder may apply for an amendment to the permit or
request a hearing before the commissioner to contest the revocation, to support
the permit holder's proposed amendment, or both.
D. The permit shall be revoked on the date
stated on the revocation notice until such time that the decision is reversed
or modified.
Subp. 10.
Disclaimer of liability.
A prohibited invasive species permit or regulated invasive
species permit issued under this part is permissive only. No liability is
assumed by the state or any of its officers, agents, or employees by issuing a
prohibited or regulated invasive species permit or by any acts or operations of
the permittee or any prohibited or regulated invasive species in possession of
the permittee.
Subp. 11.
Effective date.
A person possessing, importing, purchasing, selling,
propagating, transporting, or introducing a prohibited invasive species on June
2, 1998, must apply for a permit within 60 days of June 2, 1998.
