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9.j) Right of Entry Authorization for Watercraft Inspections Meeting Date: 2/21/2012 Agenda Item: �� ,� � City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a right of entry authorization for watercraft inspections by the Minnesota Department of Natural Resources (DNR) at city water accesses. Deadline/Timeline: Action is requested by the DNR by February 27, 2012. Background: • The DNR has requested authorization for watercraft inspections related to aquatic invasive species at the city-owned water accesses. • The city owns two accesses, on Goose Lake and on the St. Croix River(Log House Landing.) • The authorization would remain in force until revoked (10 days notice required.) Recommendation: I recommend that the Council authorize the Mayor and Administrator to sign the right of entry agreement. Attachments/ • Letter dated February 6, 2012 from Minnesota DNR Materials provided: . Q & A about DNR Watercraft Inspections and Decontaminations • Right of Entry Authorization for Watercraft Inspections Contact(s): Maureen Ziskovsky, DNR (651 259-5146) Prepared by: Anne Hurlburt, Administrator (DNR Right of Entry for Watercraft Inspections) Page 1 of 1 02/16/12 Minnesota Department of Natural Resources ""'�0es°te 500 lafayette Road • St. Paul,MN • 55155-40 f �� ..�&., _ ':; � t�__._ DEPAHTGIIEI�OF � NANAAL AESOUACES � � �E� 1 ;3 i01? � February 6th, 2012 � a I c�TY c� s�Ann�� _ ___ Dear Public Water Access Administrator: The Minnesota boating season is arriving and along with it comes the risk of spreading aquatic invasive species to waters across Minnesota. I am writing this letter to inform you that the DNR is preparing to conduct watercraft inspections and decontaminations for the open water season at public water accesses throughout the state. Your agency is the managing authority of a public water access on a body of water that is infested or is near a waterbody that is infestec� with invasive species. The Department of Natural Rcsource's watercraft ins�ecturs cuiiauct iiispecliuii5 and decontaminations of watercraft leaving waterbodies that contain invasive species such as Zebra Mussels and Eurasian Watermilfoil. Inspections are also conducted on watercraft entering waterbodies that are not known to be infested with invasive species. This activity is mandated by state law. Minnesota Statute 84D.105, Subdivision 1 states, Compliance with aquatic invasive species inspection requirements is an express condition of operating or transporting water-related equipment. Enclosed you will find the DNR Right of Entry Authorization form. Upon signing and return of the form your agency will grant the DNR permission to conduct watercraft inspections and decontaminations at your accesses. Please return the form by February 27`h 2012. If you have any questions, please contact me at (651) 259-5146. We greatly appreciate your assistance in helping to preserve and enhance one of Minnesota's greatest natural resources...its waters. Sincerely, , _�,�� � � �C� �r,Un,��� Nfaureen Ziskovsky �� ` Division of Ecological and Water Resources Watercraft Inspection Program Assistant Office: 651-259-5146 F�: 651-296-1811 Email: maureen.ziskovsk�na,state.mn.us www.dnr.state.mn.us AN E�UAL OPPORTUNITY EMPLOYER ��� PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE � Q & A about DNR Watercraft Inspections and Decontaminations Q.What do watercraft inspectors do? A. DNR's watercraft Inspectors interact with boaters arriving at and leaving lakes and rivers in the state to: • Inspect watercraft for aquatic invasive species and aquatic plants • Educate boaters about invasive species and how they can prevent the spread of invasive species, including teaching boaters how to inspect and clean their own watercraft • Provide informational materials regarding invasive species • Ask boaters questions regarding their invasive species knowled�e and boatin�activity • Document and record research activities • Provide decontaminations of watercraft Q.When do watercraft inspectors work? A. Watercraft inspectors work begin training each April and they work for varying lengths of time between latP April and the end of October each year. Inspectors work during daylight hours. They work 40 hours per week and focus those hours on evenings and weekends. Q. What should I do if a watercraft inspector is not at the access? A. If a watercraft inspector is not at the access watercraft users need to remember to inspect their own craft, remove any aquatic plants, invasive species, mud etc. and drain all water before leaving the access. For further information please see http://www.dnr.state.mn.us/invasives/preventspread.html The trailer and the watercraft need to be clean and free of all aquatic plants and animals. All of the water needs to be drained from the watercraft and water-related equipment. Watercraft users can also allow their watercraft to dry completely between uses. Watercraft users should conduct their own inspections even an inspector is at the access. Q. I keep hearing about these decontamination units.What are they? . A. The decontamination units are portable, self contained pressure washing equipment used to decontaminate watercraft. The decontamination units use 160-degree (F), high-pressure water to remove and kill any aquatic invasive species that might be attached to boats or water-related equipment. The sprayed water is captured in a reclamation mat so it doesn't wash into lakes and streams, and then filtered and reused. One of the units used is the Landa ECOS 7000 decontamination unit. Q. How do I know if I need my watercraft needs to be decontaminated? • A. Your watercraft would be inspected by a watercraft inspector. There are set criteria to tell inspectors when they will need to decontaminate a watercraft. Those criteria are based off of the amount of risk of transportation of the invasive species. Some of those criteria include attached zebra mussels, length of time in a waterbody, and type of watercraft. Q. I have zebra mussels attached to my boat and there is not a decontamination unit at the access. What should I do? A. After you have completed your own inspection you need to remove all plants and animals as possible at the access. You can print a Transportation Authorization Form for Boat Owners(Non-commercial)found on the DNR website. This form needs to be printed and completed prior to'transporting the watercraft. This authorization form is for transportation to from the access to a cleaning site. Watercraft users need to have this form in their possession while transport the watercraft. You can find the form at: http://files.dnr.state.mn.us/natural_resources/invasives/aquaticanimals/zebramussel/invasive_species_authoriza tion_form_boats.pdf J, RIGHT OF ENTRY AUTHORIZATION FOR WATERCRAFT INSPECTIONS DEFINITIONS. The following definitions apply to the terms used in this document: DNR means the Minnesota Department of Natural Resources. Agency means a private entity or a unit of government including but not limited to a municipality, city, township, county, and federal agencies, including but not limited to National Park Service, U.S. Forest Service, and U.S. Fish & Wildlife Service, and Army Corps of Engineers. Inspect means to examine water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present and includes removal, drainage, decontamination, or treatment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water. (M.S. 84D.01, subd. 8b) Inspector means an individual trained and authorized by the commissioner to inspect water craft and water-related equipment under authorities provided by Minnesota Statutes 84D.105 or a conservation officer or a licensed peace officer. (M.S. 84D.01, subd. 8C) PERMISSION TO ENTER. The Agency signing this authorization gives permission to the DNR to enter and occupy all pl�hlic or priv�te water accesses owned or administered by the arove agency or entity. This permission is being granted to allow DNR authorized Inspectors and DNR authorized volunteers to Inspect watercraft and water-related equipment. Inspections may involve decontamination measures that wash, drain; dry, or thermally or otherwise treat watercraft and water-related equipment in order to remove or destroy aquatic invasive species. DNR authorized Inspectors and DNR authorized volunteers may also provide and collect information to help increase public awareness and compliance with aquatic invasive species regulations. The DNR shall act with due care while on the property of the above agency. The DNR and its employees and agents shall be responsible for its own acts and the results thereof to the extent governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736 and other applicable law. TERM AND TERMINATION. This authorization shall remain in force until revoked. The Agency reserves the right to revoke permission after giving 10 days written notification to the DNR Invasive Species Program. MINNESOTA DEPARTMENT Agency OF NATURAL RESOURCES BY: BY: «Print name» TITLE: TITLE: DATE: DATE: