HF 3868

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; amending certain requirements 
  1.3             for licensed aquatic farms; amending Minnesota 
  1.4             Statutes 1998, sections 17.4984, subdivisions 2, 6, 
  1.5             and 7; 17.4985, subdivision 2; 17.4987; 17.4988, 
  1.6             subdivision 2; 17.4992, subdivision 3; 97C.505, 
  1.7             subdivision 6; and 97C.521. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 17.4984, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [LISTED WATERS.] (a) An aquatic farm license must 
  1.12  list: 
  1.13     (1) the specific waters of the state that may be used in 
  1.14  connection with the licensed aquatic farm and the species 
  1.15  approved for each licensed water; and 
  1.16     (2) whether aeration requiring a permit is approved. 
  1.17  Additional waters may not be used until they are approved by the 
  1.18  commissioner. 
  1.19     (b) The right to use waters licensed for private fish 
  1.20  hatchery or aquatic farm purposes may be transferred between 
  1.21  licensees with prior approval by the commissioner if 
  1.22  requirements for species to be raised are met.  Waters that are 
  1.23  continually connected by a permanent watercourse to other waters 
  1.24  must not be approved for aquatic farm use, except that connected 
  1.25  waters that are isolated from other waters may be licensed as a 
  1.26  single water body.  Waters that are intermittently connected or 
  2.1   may become connected with other waters may be denied, or 
  2.2   screening or other measures may be required to prevent passage 
  2.3   of aquatic life.  Listed waters may be changed on approval by 
  2.4   the area fisheries supervisor or the commissioner. 
  2.5      (c) Except for artificial structures and waters less than 
  2.6   ten acres in size, the commissioner shall conduct an inspection 
  2.7   of waters to be licensed prior to approving or denying initial 
  2.8   licensing of the waters. 
  2.9      (d) Waters containing game fish of significant public value 
  2.10  may be denied licensing unless the applicant can demonstrate 
  2.11  exclusive riparian control. 
  2.12     (e) Waters containing game fish of significant public value 
  2.13  may be denied licensing unless the game fish of significant 
  2.14  public value are, at the commissioner's option, sold to the 
  2.15  licensee, or removed for other state use by the department of 
  2.16  natural resources, or disposed of as provided in writing by the 
  2.17  commissioner the licensee.  
  2.18     (f) Waters licensed under an aquatic farm license may be 
  2.19  aerated during open water periods without a separate aeration 
  2.20  permit.  
  2.21     (g) Rough fish may be removed, transported, and disposed of 
  2.22  by the licensee. 
  2.23     Sec. 2.  Minnesota Statutes 1998, section 17.4984, 
  2.24  subdivision 6, is amended to read:  
  2.25     Subd. 6.  [INSPECTIONS AND ENFORCEMENT.] (a) The premises, 
  2.26  property, vehicles, private aquatic life, and equipment where 
  2.27  private aquatic farm operations are being conducted are subject 
  2.28  to an annual operations inspection and other reasonable and 
  2.29  necessary inspections at reasonable times by conservation 
  2.30  officers.  The reason for the inspection must be provided in 
  2.31  writing upon request.  The owner, operator, or designee may be 
  2.32  present when inspections are conducted.  
  2.33     (b) Conservation officers may enforce sections 17.4981 to 
  2.34  17.4997 under section 97A.205.  
  2.35     Sec. 3.  Minnesota Statutes 1998, section 17.4984, 
  2.36  subdivision 7, is amended to read: 
  3.1      Subd. 7.  [NONPUBLIC RECORDS.] (a) Licensees must keep 
  3.2   complete, up-to-date, nonpublic records of the operation of the 
  3.3   aquatic farm.  The records must remain available for at least 
  3.4   three years. 
  3.5      (b) The records must be in English and include the 
  3.6   following information: 
  3.7      (1) for each species acquired, the number and or pounds of 
  3.8   fish or eggs acquired, names and addresses of the sources from 
  3.9   which acquired, and the dates of receipt; 
  3.10     (2) for each species sold or disposed of, the number and or 
  3.11  pounds of fish sold or disposed of, the names and addresses of 
  3.12  the purchasers or persons to whom the conveyances are made, and 
  3.13  the dates of sale; and 
  3.14     (3) for fish sperm or viable eggs, the amount acquired or 
  3.15  sold, the names and addresses of the sources from which 
  3.16  acquired, the purchasers to whom conveyed, and the dates of 
  3.17  purchase or sale. 
  3.18     (c) On or before March 1 of each year, the licensee shall 
  3.19  submit a complete annual report on a form furnished by the 
  3.20  commissioner, covering the quantity of all species sold or 
  3.21  purchased in the preceding licensed year. 
  3.22     (d) An aquatic farmer shall maintain records for reasonable 
  3.23  inspection by the commissioner.  Information on aquatic life 
  3.24  production, harvest, and sales is nonpublic information.  
  3.25     Sec. 4.  Minnesota Statutes 1998, section 17.4985, 
  3.26  subdivision 2, is amended to read: 
  3.27     Subd. 2.  [BILL OF LADING.] (a) A state-issued bill of 
  3.28  lading is required for: 
  3.29     (1) intrastate transportation of aquatic life other than 
  3.30  salmonids and catfish between licensed private fish hatcheries, 
  3.31  aquatic farms, or aquarium facilities licensed for the species 
  3.32  being transported if the aquatic life is being transported 
  3.33  stocked into a watershed where it is not currently present, if 
  3.34  walleyes whose original source is south of marked state highway 
  3.35  No. 210 are being transported to a facility stocked north of 
  3.36  marked state highway No. 210, or if the original source of the 
  4.1   aquatic life is outside Minnesota and contiguous states; and 
  4.2      (2) stocking of waters other than public waters with 
  4.3   aquatic life other than salmonids and catfish.  
  4.4      (b) When aquatic life is transported under paragraph (a), a 
  4.5   copy of the bill of lading must be submitted to the regional 
  4.6   fisheries manager at least 72 hours before the transportation. 
  4.7      (c) For transportation and stocking of waters that are not 
  4.8   public waters: 
  4.9      (1) a bill of lading must be submitted to the regional 
  4.10  fisheries manager 72 hours before transporting fish for 
  4.11  stocking; 
  4.12     (2) a bill of lading must be submitted to the regional 
  4.13  fisheries manager within five days after stocking if the waters 
  4.14  to be stocked are confirmed by telecopy or telephone prior to 
  4.15  stocking by the regional fisheries office not to be public 
  4.16  waters; or 
  4.17     (3) a completed bill of lading may be submitted to the 
  4.18  regional fisheries office by telecopy prior to transporting fish 
  4.19  for stocking.  Confirmation that the waters to be stocked are 
  4.20  not public waters may be made by returning the bill of lading by 
  4.21  telecopy or in writing, in which cases additional copies need 
  4.22  not be submitted to the department of natural resources. 
  4.23     (d) Bill of lading forms may only be issued by the 
  4.24  department of natural resources in St. Paul, and new bill of 
  4.25  lading forms may not be issued until all previously issued forms 
  4.26  have been returned. 
  4.27     Sec. 5.  Minnesota Statutes 1998, section 17.4987, is 
  4.28  amended to read: 
  4.29     17.4987 [STOCKING PRIVATE AQUATIC LIFE.] 
  4.30     (a) A person may not release private aquatic life into 
  4.31  public waters that are not licensed as part of an aquatic farm 
  4.32  without first obtaining a transportation permit from the 
  4.33  commissioner.  The commissioner may deny issuance of a permit if 
  4.34  releasing the private aquatic life is not consistent with the 
  4.35  management plan for would cause irreparable biological damage to 
  4.36  the public waters.  The commissioner shall make management plans 
  5.1   available to the public.  
  5.2      (b) If a permit is denied, the commissioner must provide 
  5.3   reasons for the denial in writing, including evidence of the 
  5.4   irreparable biological damage. 
  5.5      Sec. 6.  Minnesota Statutes 1998, section 17.4988, 
  5.6   subdivision 2, is amended to read: 
  5.7      Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
  5.8   an aquatic farming license is $275 and includes an aquatic farm 
  5.9   vehicle endorsement.  The aquatic farm vehicle endorsement is 
  5.10  valid for each vehicle used by the licensee and includes the 
  5.11  rights and privileges under the game and fish laws of a minnow 
  5.12  dealer vehicle license, a minnow retailer vehicle license, an 
  5.13  exporting minnow vehicle license, and a fish vendor license. 
  5.14     (b) The aquatic farming license may contain additional 
  5.15  endorsements for the rights and privileges of the following 
  5.16  licenses under the game and fish laws.  The endorsement must be 
  5.17  made upon payment of the license fee prescribed in section 
  5.18  97A.475 for the following licenses: 
  5.19     (1) minnow dealer license; 
  5.20     (2) minnow retailer license for sale of minnows as bait; 
  5.21     (3) minnow exporting license; 
  5.22     (4) aquatic farm vehicle endorsement, which includes a 
  5.23  minnow dealer vehicle license, a minnow retailer vehicle 
  5.24  license, an exporting minnow vehicle license, and a fish vendor 
  5.25  license; 
  5.26     (5) sucker egg taking license; and 
  5.27     (6) (5) game fish packers license. 
  5.28     Sec. 7.  Minnesota Statutes 1998, section 17.4992, 
  5.29  subdivision 3, is amended to read: 
  5.30     Subd. 3.  [ACQUISITION OF FISH FOR BROOD STOCK.] (a) Game 
  5.31  fish brood stock may be sold to private fish hatcheries or 
  5.32  aquatic farms by the state at fair wholesale market value.  For 
  5.33  brood stock development, up to 20 pair of adults of each species 
  5.34  requested may be provided to a licensee once every three years, 
  5.35  if available, by the state through normal operations. 
  5.36     (b) If brood stock is not available by the June 1 following 
  6.1   the request under paragraph (a) and a permit to take brood stock 
  6.2   by angling is requested by the licensee, within 30 days of the 
  6.3   request, the commissioner shall issue a permit to the licensee 
  6.4   to take, by angling, up to 20 pairs of each species requested.  
  6.5   Game and fish laws and rules relating to daily limits, seasons, 
  6.6   and methods apply to the taking of fish by angling pursuant to a 
  6.7   permit issued under this paragraph. 
  6.8      Sec. 8.  Minnesota Statutes 1998, section 97C.505, 
  6.9   subdivision 6, is amended to read: 
  6.10     Subd. 6.  [APPROVED EQUIPMENT REQUIRED.] A person must use 
  6.11  equipment approved by the commissioner to possess or transport 
  6.12  minnows for sale.  A person who is not licensed as a minnow 
  6.13  dealer or a private fish hatchery operator may not use minnow 
  6.14  traps exceeding 18 inches in width or length or 12 inches in 
  6.15  height.  This subdivision does not apply to licensed aquatic 
  6.16  farms. 
  6.17     Sec. 9.  Minnesota Statutes 1998, section 97C.521, is 
  6.18  amended to read: 
  6.19     97C.521 [TRANSPORTATION OF CARP FINGERLINGS PROHIBITED.] 
  6.20     Except as provided in section 17.4984, subdivision 2, 
  6.21  paragraph (g), a person may not transport live carp fingerlings.