Minnesota invasive species laws

Introduction

Minnesota has several state laws intended to minimize the introduction and spread of invasive species of wild animal and aquatic plants in the state. The state designated several invasive species using a four-tiered classification system. Invasive species are classified as either prohibited, regulated, unregulated, and unlisted invasive species. The classification process establishes the level of regulation and types of allowable uses for each species.  MN DNR has regulatory authority over aquatic plants and animals and terrestrial vertebrates.  Minnesota Department of Agriculture has regulatory authority relating to terrestrial plants (noxious weeds) and plant pests, see the terrestrial invasive species laws web page for more information.

The following is a summary of the many current state regulations regarding invasive species. For complete current information on state statutes and rules regarding harmful invasive species, call the DNR Invasive Species Program at 651-259-5100, or visit the invasive species statutes and rules at the Office of the Revisor of Statutes.

Prohibited invasive species

Certain invasive species that can threaten natural resources and their use have been designated as prohibited invasive species in Minnesota. It is unlawful (a misdemeanor) to possess, import, purchase, transport, or introduce these species except under a permit for disposal, control, research, or education. The prohibited invasive species in Minnesota include the following and any hybrids, cultivars, or varieties of the species listed below:

  • Aquatic Plants
    African oxygen weed (Lagarosiphon major)
    aquarium watermoss or giant salvinia (Salvinia molesta)
    Australian stone crop (Crassula helmsii)
    brittle naiad (Najas minor)*
    curly-leaf pondweed (Potamogeton crispus)*
    Eurasian watermilfoil (Myriophyllum spicatum)*
    European frog-bit (Hydrocharis morsus-ranae)
    flowering rush (Butomus umbellatus)*
    hydrilla (Hydrilla verticillata)
    Indian swampweed (Hygrophila polysperma)
    purple loosestrife (Lythrum salicaria, Lythrum virgatum, or any variety, hybrid, or cultivar thereof)*
    water aloe or water soldiers (Stratiotes aloides)
    water chestnut (Trapa natans)
    the aquatic plants listed in Code of Federal Regulations, title 7, section 360.200, are also designated as prohibited invasive species except for Chinese water spinach (Ipomoea aquatica)
  • Fish
    bighead carp (Hypophthalmichthys nobilis)
    black carp (Mylopharyngodon piceus)
    grass carp (Ctenopharyngodon idella)
    northern snakehead fish (Channa argus)
    round goby (Neogobius melanostomus)*
    rudd (Scardinius erythrophthalmus)
    ruffe (Gymnocephalus cernuus)*
    sea lamprey (Petromyzon marinus)*
    silver carp (Hypophthalmichthys molitrix)
    tubenose goby (Proterorhinus marmoratus)*
    white perch (Morone americana)*
    zander (Stizostedion lucioperca)
  • Invertebrates
    New Zealand mud snail (Potamopyrgus antipodarum)*
    zebra mussel (Dreissena spp.)*
  • Mammals
    Asian raccoon dog (Nyctereutes procyonoides)
    European rabbit (Oryctolagus cuniculus) 
    European wild boar (Sus scrofa scrofa)
    nutria (Mycocastor coypu)

* These species are known to be in Minnesota waters.

Regulated invasive and unlisted nonnative species

Regulated and unlisted invasive species are legal to possess, sell, buy, and transport, but they may not be introduced into a free-living state, such as being released or planted in public waters. The regulated invasive species are:

  • Aquatic plants
    Brazilian waterweed (Egeria densa)
    Carolina fanwort or fanwort (Cabomba caroliniana)
    Chinese water spinach (Ipomoea aquatica)
    nonnative waterlilies (Nymphaea spp.)*
    parrot's feather (Myriophyllum aquaticum)
    yellow iris or yellow flag (Iris pseudacoris)*
  • Birds
    Egyptian goose (Alopochen aegyptiaus)
    mute swan (Cygnus olor)*
    Sichuan pheasant (Phasianus colchicus strachi)
  • Fish
    alewife (Alosa pseudoharengus)*
    carp, koi (Cyprinus carpio)*
    goldfish (Carassius auratus)*
    rainbow smelt (Osmerus mordax)*
    tilapia (Oneochromis, Sartheradon, and Tilapia spp.)
  • Invertebrates
    Chinese mystery snail, Japanese trap door snail (Cipangopaludina spp.)*
    rusty crayfish (Orconectes rusticus)*
    spiny water flea (Bythotrephes cederstroemi)*

* These species are known to be in Minnesota waters.

Unlisted nonnative species are those that are not prohibited, regulated or unregulated. Several steps must occur before an unlisted nonnative species may be legally released into a free-living state: an application and supporting information must be filed with the DNR by the individual proposing to release the species, a thorough evaluation by the DNR, and designation of the species into an appropriate classification.

Transportation prohibitions

Current state law prohibits transportation of all aquatic plants (with a few exceptions). This law will not only help prevent the spread of Eurasian watermilfoil, but it will also reduce the risk of zebra mussels being transported while attached to aquatic plants. And it will reduce the inadvertent transport of other harmful plants into or within the state.

Under state law, it is unlawful to:

  • transport aquatic plants (see: except as allowed in statute), except as allowed in statute ($50 civil penalty or misdemeanor);
  • transport zebra mussels and other prohibited species of animals on a public road ($250 civil penalty or misdemeanor)
  • place or attempt to place into waters of the state a boat, seaplane, or trailer that has aquatic plants ($100 civil penalty), zebra mussels, or other prohibited invasive species attached ($500 civil penalty or misdemeanor).

Regulations on transport of water

As of May 28, 2011, the following regulations, apply to the transportation of water by boaters from all waters in the state (violations are misdemeanors):

  • a person leaving waters of the state must drain water-related equipment holding water including bait containers, live wells and bilges by removing the drain plug before transporting the watercraft and associated equipment from a water access or riparian property; and
  • drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft and water-related equipment (marine sanitary systems and portable bait containers used by aquatic farms are exempt from this requirement).

Regulations in infested waters

Each year, the DNR designates waters that contain populations of Eurasian watermilfoil, faucet snail, New Zealand mudsnail, zebra mussel, ruffe, round goby, spiny water flea, VHS fish disease, and white perch as infested waters PDF document. Those waters will be posted at the public water accesses. The following regulations apply to activities in infested waters:

  • taking wild animals (fish, frogs, crayfish, etc.) from infested waters for bait or aquatic farms is prohibited except: for commercial purposes by permit in some Eurasian watermilfoil infested waters, and bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length.
  • all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.
  • equipment used for commercial fishing purposes in infested waters that are designated solely because they contain eurasian watermilfoil must be dried or frozen before it can be used in noninfested waters (misdemeanor).

Designated Infested Waters List PDF document

Regulations on transport of infested water

The following regulations apply to the transportation of water from infested waters (violations are misdemeanors or civil penalties of $50 to $200):

  • water from infested waters may not be used to transport fish except by permit;
  • water from infested waters may not be transported on a public road or off riparian property on infested waters except in emergencies or under permit ($200 civil penalty or misdemeanor).

Designated Infested Waters List PDF document

Infested Waters Diversion or Transportation Permit Application

Crayfish regulations

The transportation of live native and invasive crayfish from one waterbody to another within the state is prohibited, except by permit issued by the DNR. Live crayfish or crayfish eggs may not be imported without a permit issued by the DNR. Live crayfish may not be sold for live bait or for use in aquariums. Live crayfish taken from a waterbody can only be used as bait in that same waterbody.