Subpart 1.
Scope.
The terms used in this chapter have the meanings given them in
this part.
Subp. 2.
Aquatic plant.
"Aquatic plant" means a plant naturally growing in water,
saturated soils, or seasonally saturated soils, and includes algae, submersed,
floating-leaf, floating, and emergent plants, and their root stalks, seeds, and
other vegetative propagules.
Subp.
2a.
Aquatic plant management.
"Aquatic plant management" means activities intended to reduce,
enhance, or otherwise alter aquatic plant populations by means of herbicides,
biological agents, mechanical devices, physical alteration, or transplanting or
seeding aquatic plants.
Subp.
2b.
Aquatic plant management permit or APM permit.
"Aquatic plant management permit" or "APM permit" means a
permit issued by the commissioner authorizing aquatic plant management or
aquatic nuisance control.
Subp.
2c.
Aquatic plant management (APM)-related
conviction.
"Aquatic plant management (APM)-related conviction" includes a
conviction under:
A. this chapter or
Minnesota Statutes, section
103G.615
(permits to harvest or destroy aquatic plants);
B. chapter 6115 (public water resources) or
Minnesota Statutes, section
103G.245
(work in public waters), if the conviction is for work that resulted in the
destruction of aquatic plants;
C.
chapter 8420 (wetland conservation) or Minnesota Statutes, section
103G.222
(replacement of wetlands); or
D.
any other applicable rules and statutes, if the conviction is for work that
resulted in the destruction of aquatic plants.
Subp. 2d.
Aquatic plant management
(APM)-related permit revocation.
"Aquatic plant management (APM)-related permit revocation"
includes the revocation of an APM, commercial mechanical control, or commercial
harvest permit.
Subp. 3.
Aquatic nuisance.
"Aquatic nuisance" means the presence of leeches, snails that
carry swimmer's itch, or algae in such abundance as to interfere with boating,
swimming, or other aquatic recreation or beneficial water use.
Subp. 3a.
Automated aquatic
plant control device.
"Automated aquatic plant control device" means a self-propelled
device that is capable of destroying aquatic plants.
Subp. 4.
Bog.
"Bog" means an aquatic mat, either attached to or resting on
the bottom or floating, that is made up of dead organic matter held together by
various types of living plants.
Subp.
4a.
Commercial harvest.
"Commercial harvest" means taking aquatic plants for sale, for
establishing stock to produce plants for sale, or for transferring to another
person for sale or establishment of stock to produce plants for sale. "Sale"
has the meaning given in Minnesota Statutes, section
97A.015, subdivision
44.
Subp. 4b.
Commercial harvest permit.
"Commercial harvest permit" means a permit issued by the
commissioner authorizing commercial harvest of aquatic plants.
Subp. 4c.
Commercial
mechanical control.
"Commercial mechanical control" means conducting mechanical
control for financial or other material compensation.
Subp. 5. [Repealed, 33 SR 1721]
Subp. 5a.
Emergent aquatic
plants.
"Emergent aquatic plants" means aquatic plants with lower
portions that are rooted in hydric soils and typically below the water's
surface and leaves, stems, and reproductive parts that are typically above the
water's surface, including species in the genera
Scirpus,
Typha, and
Zizania. Submersed and
floating-leaf aquatic plants that have emergent fruits, flowers, or leaves are
not included in this definition.
Subp.
6.
Excessive algae bloom.
"Excessive algae bloom" means that one or more of the following
conditions are present:
A. algae
population is dominated by blue-green algae;
B. secchi disc reading is typically two feet
or less due to the algae bloom;
C.
floating mats or scums of plankton or filamentous algae have accumulated on the
downwind shore; or
D. decomposition
of accumulated algae has occurred releasing a blue-green pigment and causing an
offensive odor.
Subp. 7.
Field inspection.
"Field inspection" means an on-site review by the commissioner
of a proposed APM permit.
Subp.
7a.
Filamentous algae.
"Filamentous algae" means algae cells that form long visible
chains, threads, or filaments, which intertwine and form a mat, generally
growing near shore and sometimes growing on the bottom or on rooted aquatic
plants. Macro-algae in the genera
Chara or
Nitella are not included in this definition.
Subp. 7b.
Floating-leaf aquatic
plants.
"Floating-leaf aquatic plants" means aquatic plants that are
rooted in the bottom and have their lower portions submersed in water and
leaves that float on the surface of the water, including species in the genera
Nymphaea,
Nuphar,
Brasenia,
and
Nelumbo. Species in the genera
Potamogeton,
Callitriche, and
Ranunculus, which are submersed aquatic plants that may
produce some floating leaves, are not included in this definition.
Subp. 7c.
Group APM
permit.
A "group APM permit" is an APM permit that includes more than
one riparian property owner or lessee or that authorizes control adjacent to
more than one riparian property.
Subp.
8.
Label and labeling.
"Label and labeling" has the meaning given in Minnesota
Statutes, section
18B.01, subdivisions
13 and 14.
Subp. 9.
Littoral area.
"Littoral area" means the surface area of a body of water where
the depth is 15 feet or less.
Subp.
9a.
Mechanical control.
"Mechanical control" means cutting, pulling, raking, or
otherwise removing or altering aquatic plants by physical means, including by
hand and motorized or nonmotorized equipment. Incidental damage caused to
aquatic plants by watercraft traveling to and from open water, commercial
harvesting of aquatic plants, transplanting aquatic plants, moving a bog, and
harvesting aquatic plants for personal use are not mechanical control.
Subp. 10. [Repealed, 33 SR
1721]
Subp. 10a.
Offshore
control.
"Offshore control" means mechanical or pesticide control that
is done away from the shoreline and not for the purpose of providing a riparian
property owner or lessee access to open water.
Subp. 11.
Ordinary high water
level.
"Ordinary high water level" has the meaning given in Minnesota
Statutes, section
103G.005, subdivision
14.
Subp. 11a.
Personal use.
"Personal use" means use of aquatic plants by an individual for
purposes that do not include sale or transfer to another person for sale, as
defined by Minnesota Statutes, section
97A.015, subdivision
44.
Subp. 12.
Pesticide.
"Pesticide" has the meaning given by Minnesota Statutes,
section
18B.01, subdivision
18.
Subp. 12a.
Pesticide control.
"Pesticide control" means applying herbicides or other
chemicals to control aquatic plants and nuisances.
Subp. 12b.
Plankton algae.
"Plankton algae" means microscopic, nonvascular, free-floating
plants, generally growing near the water surface, which may form multicellular
colonies or filaments, but not attached to a substrate.
Subp. 13.
Public waters.
"Public waters" means those waters of the state defined as
public waters by Minnesota Statutes, section
103G.005, subdivision
15, and inventoried pursuant to Laws 1979, chapter 199, and Minnesota Statutes,
section
103G.201.
Subp. 14. [Repealed, 33 SR
1721]
Subp. 15. [Repealed, 21 SR
1406]
Subp. 16.
Submersed
aquatic plants.
"Submersed aquatic plants" means aquatic plants that grow
beneath the surface of the water, except for emergent flowers, fruits, and
leaves, and may produce floating leaves but have mostly submersed leaves,
including species in the genera
Potamogeton,
Callitriche, and
Ranunculus and macro-algae
in the genera
Chara and
Nitella and excluding
plankton and filamentous algae.
