SF 4247
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/10/2026 09:34 a.m.
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A bill for an act
relating to agriculture; transferring aquaculture duties to commissioner of
agriculture; clarifying authority of commissioner of natural resources; recodifying
private fish hatcheries; appropriating money; amending Minnesota Statutes 2024,
sections 17.4981; 17.4982, subdivisions 1, 7; 17.4984, subdivision 6; 17.4985,
subdivision 2; 17.4991, subdivision 3; 17.4992, subdivisions 3, 4, 6, by adding a
subdivision; 17.4995; 17.4997; repealing Minnesota Statutes 2024, section 97C.211,
subdivision 5; Minnesota Rules, part 6250.0101.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 17.4981, is amended to read:
17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.
(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life is not
wildlife. Aquatic farms must be licensed and given classifications to prevent or minimize
impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1) prevent public aquatic life from entering an aquatic farm;
(2) prevent release of nonindigenous or exotic species into public waters without approval
of the commissioner;
(3) protect against release of disease pathogens to public waters;
(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
(5) protect private aquatic life from unauthorized taking or harvest.
(b) Private aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and water resources.
(c) The commissioner deleted text begin of natural resourcesdeleted text end shall establish license and other fees as
provided in section 16A.1285, subdivision 2, that would make aquaculture licensing and
enforcement self-sustaining. Notwithstanding section 16A.1283, the commissioner may,
by written order published in the State Register, establish the fees required by this section.
The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does
not apply. The commissioner shall develop best management practices for aquaculture to
ensure the long-term sustainability of aquaculture and wetlands used for aquaculture,
including, but not limited to, fish farming in man-made ponds.
Sec. 2.
Minnesota Statutes 2024, section 17.4982, subdivision 1, is amended to read:
Sec. 3.
Minnesota Statutes 2024, section 17.4982, subdivision 7, is amended to read:
Subd. 7.
Commissioner.
"Commissioner" means the commissioner of deleted text begin natural resourcesdeleted text end new text begin
agriculturenew text end .
Sec. 4.
Minnesota Statutes 2024, section 17.4984, subdivision 6, is amended to read:
Subd. 6.
Inspections and enforcement.
deleted text begin (a)deleted text end The premises, property, vehicles, private
aquatic life, and equipment where private aquatic farm operations are being conducted are
subject to reasonable and necessary inspections at reasonable times by deleted text begin conservation officersdeleted text end new text begin
the commissionernew text end . The reason for the inspection must be provided in writing. The owner,
operator, or designee may be present when inspections are conducted.
deleted text begin
(b) Conservation officers may enforce sections 17.4981 to 17.4997 under section 97A.205.
deleted text end
Sec. 5.
Minnesota Statutes 2024, section 17.4985, subdivision 2, is amended to read:
Subd. 2.
Bill of lading.
(a) A state-issued bill of lading is required for:
(1) intrastate transportation of aquatic life other than salmonids, catfish, or species on
the VHS-susceptible-species list between licensed private fish hatcheries, aquatic farms, or
aquarium facilities licensed for the species being transported if the aquatic life is being
transported into a watershed where it is not currently present, if walleyes whose original
source is south of marked State Highway 210 are being transported to a facility north of
marked State Highway 210, or if the original source of the aquatic life is outside Minnesota
and contiguous states; and
(2) stocking waters other than public waters with aquatic life other than salmonids,
catfish, or species on the VHS-susceptible-species list.
(b) When aquatic life is transported under paragraph (a), a copy of the bill of lading
must be submitted to the regional fisheries manager at least 72 hours before the transportation.
(c) For transportation and stocking of waters that are not public waters:
(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before
transporting fish for stocking;
(2) a bill of lading must be submitted to the regional fisheries manager within five days
after stocking if the waters to be stocked are confirmed by telecopy or telephone prior to
stocking by the regional fisheries office not to be public waters; or
(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy
prior to transporting fish for stocking. Confirmation that the waters to be stocked are not
public waters may be made by returning the bill of lading by telecopy or in writing, in which
cases additional copies need not be submitted to the Department of deleted text begin Natural Resourcesdeleted text end new text begin
Agriculturenew text end .
(d) Bill of lading forms may only be issued by the Department of deleted text begin Natural Resourcesdeleted text end new text begin
Agriculturenew text end in St. Paul, and new bill of lading forms may not be issued until all previously
issued forms have been returned.
Sec. 6.
Minnesota Statutes 2024, section 17.4991, subdivision 3, is amended to read:
Subd. 3.
Fish health inspection.
(a) An aquatic farm propagating salmonids, catfish,
or species on the VHS-susceptible-species list and having an effluent discharge from the
aquatic farm into public waters must have a fish health inspection conducted at least once
every 12 months by a certified fish health inspector. Testing must be conducted according
to laboratory methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic
Animal Diseases, published by the International Office of Epizootics (OIE).
(b) An aquatic farm propagating any species on the VHS susceptible list and having an
effluent discharge from the aquatic farm into public waters must test for VHS virus using
the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal
Diseases. The commissioner may, by written order published in the State Register, prescribe
alternative testing time periods and methods from those prescribed in the Fish Health Blue
Book or the OIE Diagnostic Manual if the commissioner determines that biosecurity measures
will not be compromised. These alternatives are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply. The commissioner must provide reasonable
notice to affected parties of any changes in testing requirements.
(c) Results of fish health inspections must be provided to the commissioner for all fish
that remain in the state. All data used to prepare and issue a fish health certificate must be
maintained for three years by the issuing fish health inspector, approved laboratory, or
accredited veterinarian.
(d) A health inspection fee must be charged based on each lot of fish sampled. The fee
by check or money order payable to the Department of deleted text begin Natural Resourcesdeleted text end new text begin Agriculturenew text end must
be prepaid or paid at the time a bill or notice is received from the commissioner that the
inspection and processing of samples is completed.
(e) Upon receipt of payment and completion of inspection, the commissioner shall notify
the operator and issue a fish health certificate. The certification must be made according to
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases by a
person certified as a fish health inspector.
(f) All aquatic life in transit or held at transfer stations within the state may be inspected
by the commissioner. This inspection may include the collection of stock for purposes of
pathological analysis. Sample size necessary for analysis will follow guidelines listed in
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
(g) Salmonids, catfish, or species on the VHS susceptible list must have a fish health
inspection before being transported from a containment facility, unless the fish are being
transported directly to an outlet for processing or other food purposes or unless the
commissioner determines that an inspection is not needed. A fish health inspection conducted
for this purpose need only be done on the lot or lots of fish that will be transported. The
commissioner must conduct a fish health inspection requested for this purpose within five
working days of receiving written notice. Salmonids and catfish may be immediately
transported from a containment facility to another containment facility once a sample has
been obtained for a health inspection or once the five-day notice period has expired.
Sec. 7.
Minnesota Statutes 2024, section 17.4992, subdivision 3, is amended to read:
Subd. 3.
Acquisition of fish for brood stock.
(a) Game fish brood stock and native
rough fish brood stock may be sold to private fish hatcheries or aquatic farms by the state
at fair wholesale market value. For brood stock development, up to 20 pair of adults of each
species requested may be provided to a licensee once every three years, if available, by the
state through normal operations.
(b) If brood stock is not available by the June 1 following the request under paragraph
(a) and a permit to take brood stock by angling is requested by the licensee, within 30 days
of the request, the commissioner new text begin of natural resources new text end may issue a permit to the licensee to
take, by angling, up to 20 pairs of each species requested. Game and fish laws and rules
relating to daily limits, seasons, and methods apply to the taking of fish by angling pursuant
to a permit issued under this paragraph.
Sec. 8.
Minnesota Statutes 2024, section 17.4992, subdivision 4, is amended to read:
Subd. 4.
Sale of eggs by the state.
The commissioner new text begin of natural resources new text end may offer
for sale or barter as eggs or fry from the deleted text begin department'sdeleted text end new text begin Department of Natural Resources'new text end
annual game fish egg harvest.
Sec. 9.
Minnesota Statutes 2024, section 17.4992, subdivision 6, is amended to read:
Subd. 6.
Stocking walleyes north of marked State Highway 210.
Walleyes from
outside of the area of the state north of marked State Highway 210 may not be stocked in
waters of the state north of marked State Highway 210 without approval by the commissionernew text begin
of natural resourcesnew text end .
Sec. 10.
Minnesota Statutes 2024, section 17.4992, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Price of game fish fry and eggs. new text end
new text begin
The commissioner of natural resources may
sell or barter game fish or native rough fish fry or eggs for not less than the cost associated
with the production of fry or eggs.
new text end
Sec. 11.
Minnesota Statutes 2024, section 17.4995, is amended to read:
17.4995 deleted text begin RECEIPTS TO THE GAME AND FISH FUNDdeleted text end new text begin AQUACULTURE
ACCOUNTnew text end .
new text begin An aquaculture account is established in the agricultural fund. Money in the account,
including interest, is appropriated to the commissioner of agriculture to administer sections
17.4975 to 17.4997. new text end Money received by the state under sections deleted text begin 17.4981deleted text end new text begin 17.4975new text end to 17.4997
must be deposited in the deleted text begin state treasurydeleted text end new text begin agricultural fundnew text end and credited to the deleted text begin game and fish
funddeleted text end new text begin aquaculture accountnew text end .
Sec. 12.
Minnesota Statutes 2024, section 17.4997, is amended to read:
17.4997 RULES.
The commissioner may adopt rules that are consistent with sections 17.4981 to 17.4996.
The commissioner must notify the Minnesota Aquaculture Commission and the commissioner
of deleted text begin agriculturedeleted text end new text begin natural resourcesnew text end prior to publication of the proposed rules.
Sec. 13. new text begin TRANSFER OF DUTIES; AQUACULTURE.
new text end
new text begin
(a) Responsibility for administering and enforcing Minnesota Statutes, section 97C.211,
subdivisions 1 to 4 and 6, is, except as provided in paragraph (b), transferred pursuant to
Minnesota Statutes, section 15.039, from the commissioner of natural resources to the
commissioner of agriculture.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of
personnel will not take place.
new text end
Sec. 14. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber Minnesota Statutes, section 97C.211, subdivisions
1 to 4 and 6, as section 17.4975, subdivisions 1 to 6. The revisor must make necessary
cross-reference changes consistent with the renumbering.
new text end
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 97C.211, subdivision 5,
new text end
new text begin
and
new text end
new text begin
Minnesota Rules, part
6250.0101,
new text end
new text begin
are repealed.
new text end
Sec. 16. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective July 1, 2028.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-06546
97C.211 PRIVATE FISH HATCHERIES.
Subd. 5.
Price of game fish fry and eggs.
The commissioner may sell or barter game fish or native rough fish fry or eggs for not less than the cost associated with the production of eggs or fry.
Repealed Minnesota Rule: 26-06546
6250.0101 PRIVATE FISH HATCHERY OPERATIONS.
Private fish hatcheries are subject to the provisions for aquatic farms in Minnesota Statutes, chapter 17, to the extent they are now and in the future consistent with statutes pertaining specifically to private fish hatcheries.