SF 3260

2nd Engrossment - 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; 17.4992, subdivision 3; and 97C.521. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 17.4984, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [LISTED WATERS.] (a) An aquatic farm license must 
  1.10  list: 
  1.11     (1) the specific waters of the state that may be used in 
  1.12  connection with the licensed aquatic farm and the species 
  1.13  approved for each licensed water; and 
  1.14     (2) whether aeration requiring a permit is approved. 
  1.15  Additional waters may not be used until they are approved by the 
  1.16  commissioner. 
  1.17     (b) The right to use waters licensed for private fish 
  1.18  hatchery or aquatic farm purposes may be transferred between 
  1.19  licensees with prior approval by the commissioner if 
  1.20  requirements for species to be raised are met.  Waters that are 
  1.21  continually connected by a permanent watercourse to other waters 
  1.22  must not be approved for aquatic farm use, except that connected 
  1.23  waters that are isolated from other waters may be licensed as a 
  1.24  single water body.  Waters that are intermittently connected or 
  1.25  may become connected with other waters may be denied, or 
  2.1   screening or other measures may be required to prevent passage 
  2.2   of aquatic life.  Listed waters may be changed on approval by 
  2.3   the area fisheries supervisor or the commissioner. 
  2.4      (c) The commissioner shall conduct an inspection of waters 
  2.5   to be licensed prior to approving or denying initial licensing 
  2.6   of the waters.  When artificial tanks, jars, or other containers 
  2.7   are added to existing licensed facilities, an additional 
  2.8   inspection is not required. 
  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, and taking into 
  2.15  consideration the recommendation of the licensed applicant, sold 
  2.16  to the licensee, or removed for other state use by the 
  2.17  department of natural resources, or disposed of as provided in 
  2.18  writing by the commissioner. 
  2.19     (f) Waters licensed under an aquatic farm license may be 
  2.20  aerated during open water periods without a separate aeration 
  2.21  permit.  
  2.22     (g) Carp and bullheads may be removed from licensed waters, 
  2.23  and transported and disposed of by the licensee. 
  2.24     Sec. 2.  Minnesota Statutes 1998, section 17.4984, 
  2.25  subdivision 6, is amended to read:  
  2.26     Subd. 6.  [INSPECTIONS AND ENFORCEMENT.] (a) The premises, 
  2.27  property, vehicles, private aquatic life, and equipment where 
  2.28  private aquatic farm operations are being conducted are subject 
  2.29  to an annual operations inspection and other reasonable and 
  2.30  necessary inspections at reasonable times by conservation 
  2.31  officers.  The reason for the inspection must be provided in 
  2.32  writing upon request.  The owner, operator, or designee may be 
  2.33  present when inspections are conducted.  
  2.34     (b) Conservation officers may enforce sections 17.4981 to 
  2.35  17.4997 under section 97A.205.  
  2.36     Sec. 3.  Minnesota Statutes 1998, section 17.4984, 
  3.1   subdivision 7, is amended to read: 
  3.2      Subd. 7.  [NONPUBLIC RECORDS.] (a) Licensees must keep 
  3.3   complete, up-to-date, nonpublic records of the operation of the 
  3.4   aquatic farm.  The records must remain available for at least 
  3.5   three years. 
  3.6      (b) The records must be in English and include the 
  3.7   following information: 
  3.8      (1) for each species acquired, the number and or pounds of 
  3.9   fish or eggs acquired, names and addresses of the sources from 
  3.10  which acquired, and the dates of receipt; 
  3.11     (2) for each species sold or disposed of, the number and or 
  3.12  pounds of fish sold or disposed of, the names and addresses of 
  3.13  the purchasers or persons to whom the conveyances are made, and 
  3.14  the dates of sale; and 
  3.15     (3) for fish sperm or viable eggs, the amount acquired or 
  3.16  sold, the names and addresses of the sources from which 
  3.17  acquired, the purchasers to whom conveyed, and the dates of 
  3.18  purchase or sale. 
  3.19     (c) On or before March 1 of each year, the licensee shall 
  3.20  submit a complete annual report on a form furnished by the 
  3.21  commissioner, covering the quantity number or pounds of all 
  3.22  species sold or purchased in the preceding licensed year. 
  3.23     (d) An aquatic farmer shall maintain records for reasonable 
  3.24  inspection by the commissioner.  Information on aquatic life 
  3.25  production, harvest, and sales is nonpublic information.  
  3.26     Sec. 4.  Minnesota Statutes 1998, section 17.4992, 
  3.27  subdivision 3, is amended to read: 
  3.28     Subd. 3.  [ACQUISITION OF FISH FOR BROOD STOCK.] (a) Game 
  3.29  fish brood stock may be sold to private fish hatcheries or 
  3.30  aquatic farms by the state at fair wholesale market value.  For 
  3.31  brood stock development, up to 20 pair of adults of each species 
  3.32  requested may be provided to a licensee once every three years, 
  3.33  if available, by the state through normal operations. 
  3.34     (b) If brood stock is not available by the June 1 following 
  3.35  the request under paragraph (a) and a permit to take brood stock 
  3.36  by angling is requested by the licensee, within 30 days of the 
  4.1   request, the commissioner may issue a permit to the licensee to 
  4.2   take, by angling, up to 20 pairs of each species requested.  
  4.3   Game and fish laws and rules relating to daily limits, seasons, 
  4.4   and methods apply to the taking of fish by angling pursuant to a 
  4.5   permit issued under this paragraph. 
  4.6      Sec. 5.  Minnesota Statutes 1998, section 97C.521, is 
  4.7   amended to read: 
  4.8      97C.521 [TRANSPORTATION OF CARP FINGERLINGS PROHIBITED.] 
  4.9      Except as provided in section 17.4984, subdivision 2, 
  4.10  paragraph (g), a person may not transport live carp fingerlings.