SF 3576

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for viral hemorrhagic septicemia control;
authorizing rulemaking; amending Minnesota Statutes 2006, sections 17.4985,
subdivisions 2, 3, 5; 17.4986, subdivisions 1, 2, 4; 17.4987; 17.4992, subdivision
2; 17.4993; 84D.03, subdivision 4; 97C.203; 97C.205; 97C.341; 97C.391, by
adding a subdivision; 97C.505, subdivision 1; 97C.515, subdivisions 2, 4, 5;
97C.821; repealing Minnesota Statutes 2006, section 97C.515, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, 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 deleted text begin and deleted text end new text begin , new text end catfish new text begin , or
species on the official list of viral hemorrhagic septicemia susceptible species published by
the United States Department of Agriculture, Animal and Plant Health Inspection Services, new text end
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 of waters other than public waters with aquatic life other than salmonids
deleted text begin and deleted text end new text begin , new text end catfish new text begin , or species on the official list of viral hemorrhagic septicemia susceptible
species published by the United States Department of Agriculture, Animal and Plant
Health Inspection Services new text end .

(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
Natural Resources.

(d) Bill of lading forms may only be issued by the Department of Natural Resources
in St. Paul, and new bill of lading forms may not be issued until all previously issued
forms have been returned.

Sec. 2.

Minnesota Statutes 2006, section 17.4985, subdivision 3, is amended to read:

Subd. 3.

Exemptions for transportation permits and bills of lading.

(a) A
state-issued bill of lading or transportation permit is not required by an aquatic farm
licensee for importation deleted text begin , deleted text end new text begin of animals not on the official list of viral hemorrhagic septicemia
susceptible species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services; new text end transportation deleted text begin , deleted text end new text begin of animals not on the official list of viral
hemorrhagic septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services; new text end or export for the following:

(1) minnows taken under an aquatic farm license in this state and transported
intrastate;

(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and
saltwater species that cannot survive in the waters of the state, which may be imported or
transported if accompanied by shipping documents;

(3) fish or fish eggs that have been processed for use as food, bait, or other purposes
unrelated to fish propagation;

(4) live fish from a licensed aquatic farm, which may be transported directly to an
outlet for processing or for other food purposes if accompanied by shipping documents;

(5) fish being exported if accompanied by shipping documents;

(6) sucker eggs, sucker fry, or fathead minnows transported intrastate for bait
propagation or feeding of cultural aquatic life new text begin , except that if either species becomes listed
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,
then a transportation permit is required new text end ;

(7) species of fish that are found within the state used in connection with public
shows, exhibits, demonstrations, or fishing pools for periods not exceeding 14 days;

(8) fish being transported through the state if accompanied by shipping documents; or

(9) intrastate transportation of aquatic life between or within licensed private fish
hatcheries, aquatic farms, or aquarium facilities licensed for the species being transported,
except where required in subdivision 2 and except that salmonids deleted text begin and deleted text end new text begin , new text end catfish new text begin , or species
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services, new text end
may only be transferred or transported intrastate without a transportation permit if they
had no record of bacterial kidney disease new text begin or viral hemorrhagic septicemia new text end at the time
they were imported into the state and if they have had a fish health inspection within the
preceding year that has shown no certifiable diseases to be present.

Aquatic life being transferred between licensed private fish hatcheries, aquatic farms,
or aquarium facilities must be accompanied by shipping documents and salmonids deleted text begin and deleted text end new text begin , new text end
catfish new text begin , or species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, new text end being transferred or transported intrastate without a transportation
permit must be accompanied by a copy of their most recent fish health inspection.

(b) Shipping documents required under paragraph (a) must show the place of origin,
owner or consignee, destination, number, and species.

Sec. 3.

Minnesota Statutes 2006, section 17.4985, subdivision 5, is amended to read:

Subd. 5.

Permit application.

An application for a transportation permit must
be made on forms provided by the commissioner. An incomplete application must be
rejected. An application for a transportation permit for salmonids deleted text begin and deleted text end new text begin , new text end catfish new text begin , or species
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services new text end ,
their eggs, or sperm must be accompanied by certification that the source of the eggs or
sperm are free of certifiable diseases, except that eggs with enteric redmouth, whirling
disease, or furunculosis may be imported, transported, or stocked following treatment
approved by the commissioner, and fish with bacterial kidney disease new text begin or viral hemorrhagic
septicemia new text end may be imported, transported, or stocked into areas where the disease has been
deleted text begin previously introduced deleted text end new text begin identified as being present new text end . A copy of the transportation permit
showing the date of certification inspection must accompany the shipment of fish while
in transit and must be available for inspection by the commissioner. By 14 days after a
completed application is received, the commissioner must approve or deny the importation
permits as provided in this section.

Sec. 4.

Minnesota Statutes 2006, section 17.4986, subdivision 1, is amended to read:

Subdivision 1.

Importation and stocking restrictions.

A person may not import
fish into or stock fish in the state without first obtaining a transportation permit with a
disease certification new text begin , as prescribed under section 17.4985, subdivision 5, new text end when required or
a bill of lading from the commissioner, unless the person is exempted.

Sec. 5.

Minnesota Statutes 2006, section 17.4986, subdivision 2, is amended to read:

Subd. 2.

Licensed facilities.

(a) The commissioner shall issue transportation
permits to import:

(1) indigenous and naturalized species except trout, salmon, deleted text begin and deleted text end catfish new text begin , or species
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,
and sperm new text end from any source to a standard facility;

(2) trout, salmon, deleted text begin and deleted text end catfish new text begin , or species on the official list of viral hemorrhagic
susceptible species published by the United States Department of Agriculture, Animal
and Plant Health Inspection Services, new text end from a nonemergency enzootic disease area to a
containment facility if the fish are certified within the previous year to be free of certifiable
diseases, except that eggs with enteric redmouth, whirling disease, or furunculosis may
be imported following treatment approved by the commissioner, and fish with bacterial
kidney disease new text begin or viral hemorrhagic septicemia new text end may be imported into areas where the
disease has been deleted text begin previously introduced deleted text end new text begin identified as being present new text end ; and

(3) trout, salmon, deleted text begin and deleted text end catfish new text begin , or species on the official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of Agriculture,
Animal and Plant Health Inspection Services, new text end from a facility in a nonemergency enzootic
disease area with a disease-free history of three years or more to a standard facility, except
that eggs with enteric redmouth, whirling disease, or furunculosis may be imported
following treatment approved by the commissioner, and fish with bacterial kidney disease
new text begin or viral hemorrhagic septicemia new text end may be imported into areas where the disease has been
deleted text begin previously introduced deleted text end new text begin identified as being present new text end .

(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a
history free from disease, aquatic life may only be imported into a quarantine facility.

Sec. 6.

Minnesota Statutes 2006, section 17.4986, subdivision 4, is amended to read:

Subd. 4.

Disease-free history.

Disease-free histories required under this section
must include the results of a fish health inspection. When disease-free histories of more
than one year are required for importing salmonids deleted text begin or deleted text end new text begin , new text end catfish new text begin , or species on the official
list of viral hemorrhagic septicemia susceptible species published by the United States
Department of Agriculture, Animal and Plant Health Inspection Services new text end , the disease
history must be of consecutive years that include the year previous to, or the year of,
the transportation request.

Sec. 7.

Minnesota Statutes 2006, section 17.4987, is amended to read:

17.4987 STOCKING PRIVATE AQUATIC LIFE.

(a) A person may not release private aquatic life into public waters that are not
licensed as part of an aquatic farm without first obtaining a transportation permit from the
commissioner. The commissioner may new text begin : new text end

new text begin (1) new text end new text begin new text end deny issuance of a permit if releasing the private aquatic life is not consistent
with the management plan for the public waters deleted text begin . deleted text end new text begin ; and new text end

new text begin (2) approve the import, transport, and stocking of fish with bacterial kidney disease
or viral hemorrhagic septicemia into areas or waters where either disease has been
identified as being present.
new text end

new text begin (b) new text end The commissioner shall make management plans available to the public.

deleted text begin (b) deleted text end new text begin (c) new text end If a permit is denied, the commissioner must provide reasons for the denial
in writing.

Sec. 8.

Minnesota Statutes 2006, section 17.4992, subdivision 2, is amended to read:

Subd. 2.

Restriction on the sale of deleted text begin game deleted text end fish.

(a) Except as provided in paragraph
(b), new text begin species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, must be free of viral hemorrhagic septicemia and new text end species of the
family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases if
sold for stocking or transfer to another aquatic farm.

(b) The following exceptions apply to paragraph (a):

(1) eggs with enteric redmouth, whirling disease, or furunculosis may be transferred
between licensed facilities or stocked following treatment approved by the commissioner deleted text begin . deleted text end new text begin ;
new text end

(2) fish with bacterial kidney disease new text begin or viral hemorrhagic septicemia new text end may be
transferred between licensed facilities or stocked in areas where the disease has been
deleted text begin previously introduced. deleted text end new text begin identified as being present; and
new text end

(3) the commissioner may allow transfer between licensed facilities or stocking of
fish with enteric redmouth or furunculosis when the commissioner determines that doing
so would pose no threat to the state's aquatic resources.

Sec. 9.

Minnesota Statutes 2006, section 17.4993, is amended to read:

17.4993 MINNOWS.

Subdivision 1.

Taking from public waters.

new text begin (a) Under an aquatic farm license, new text end a
licensee may take minnow sperm, minnow eggs, and live minnows new text begin for aquatic farm
purposes new text end from public waters deleted text begin for aquatic farm purposes under an aquatic farm license,
except deleted text end that new text begin have been tested for viral hemorrhagic septicemia when the testing indicates
the disease is not present.
new text end

new text begin (b) A licensee may take new text end sucker eggs and sperm deleted text begin may deleted text end only deleted text begin be taken deleted text end new text begin in approved
waters new text end with a sucker egg license endorsement as provided by section 17.4994.

Subd. 2.

Importation of live minnows.

Minnows from outside the state may not be
imported live by a licensee for purposes other than processing or feeding aquatic farm
fish. new text begin A transportation permit as prescribed under sections 17.4985, 17.4986, and 97C.515,
subdivision 4, is required for importation.
new text end

Sec. 10.

Minnesota Statutes 2006, section 84D.03, subdivision 4, is amended to read:

Subd. 4.

Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters.

(a) 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 deleted text begin or deleted text end new text begin , new text end invertebrates,
new text begin or certifiable diseases, as defined in chapter 17, new text end may not be used in any other waters. If
a commercial licensee operates in both an infested water designated because it contains
invasive fish deleted text begin or deleted text end new text begin , new text end invertebrates new text begin , or certifiable diseases, as defined in chapter 17, new text end and other
waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish
deleted text begin or deleted text end new text begin , new text end invertebrates new text begin , or certifiable diseases, as defined in chapter 17, new text end must be tagged with tags
provided by the commissioner, as specified in the commercial licensee's license or permit,
and may not be used in infested waters designated because the waters contain invasive fish
deleted text begin or deleted text end new text begin , new text end invertebrates new text begin , or certifiable diseases, as defined in chapter 17 new text end .

(b) 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 solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon notification, the commissioner may authorize
a commercial licensee to move nets or equipment to another water without freezing or
drying, if that water is designated as infested solely because it contains Eurasian water
milfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.

Sec. 11.

Minnesota Statutes 2006, section 97C.203, is amended to read:

97C.203 new text begin EXCHANGE OF FISH OR WILDLIFE RESOURCES; new text end DISPOSAL
OF STATE HATCHERY PRODUCTS.

new text begin (a) new text end The commissioner shall dispose of fish hatchery products new text begin or exchange fish or
wildlife resources only after they have been tested for certifiable diseases, as defined
in chapter 17. The testing must have been completed within the 12 months preceding
the disposal or exchange. Fish or wildlife resources subject to an exchange must have
received a disease-free certification for those certifiable diseases not currently documented
in Minnesota. Disease certification must be provided prior to accepting the fish or wildlife
resource. When the fish or wildlife resource is not certified as disease-free, they may be
stocked or transferred only into waters that already contain that disease.
new text end

new text begin (b) new text end new text begin State hatchery products shall be disposed of new text end according to the following order of
priorities:

(1) distribution of fish eggs and fry to state hatcheries to hatch fry or raise fingerlings
for stocking waters of the state for recreational fishing;

(2) transfer to other government agencies in exchange for fish or wildlife resources
of equal value or private fish hatcheries in exchange for fish to be stocked in waters of
the state for recreational fishing;

(3) sale to private fish hatcheries or licensed aquatic farms at a price not less than the
fair wholesale market value, established as the average price charged at the state's private
hatcheries and contiguous states per volume rates;

(4) transfer to other government agencies, colleges, or universities for cooperative
fish management and research purposes; and

(5) sale of not more than $25 fair market value to any school, museum, or
commercial enterprise for curriculum implementation, educational programs, public
exhibition, or cooperative displays.

Sec. 12.

Minnesota Statutes 2006, section 97C.205, is amended to read:

97C.205 TRANSPORTING AND STOCKING FISH.

(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:

(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;

(2) is being transported for a fishing contest weigh-in under section 97C.081;

(3) is a minnow being transported under section 97C.505 or 97C.515;

(4) is being transported by a commercial fishing license holder under section
97C.821; or

(5) is being transported as otherwise authorized in this section new text begin or as prescribed
for certifiable diseases under chapter 17 new text end .

(b) The commissioner may adopt rules to allow and regulate:

(1) the transportation of fish and fish eggs; and

(2) the stocking of waters with fish or fish eggs.

(c) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:

(1) prescribe methods to acquire brood stock for the ponds by seining public waters;

(2) allow the sporting organizations to own and use seines and other necessary
equipment; and

(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.

deleted text begin (d) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie,
white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black,
yellow, and brown bullheads taken by angling. No more than four of each species may
be transported at any one time, and any individual fish can be no longer than ten inches
in total length.
deleted text end

Sec. 13.

Minnesota Statutes 2006, section 97C.341, is amended to read:

97C.341 CERTAIN deleted text begin FISH deleted text end new text begin AQUATIC LIFE new text end PROHIBITED FOR BAIT.

new text begin (a) new text end A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait.

new text begin (b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present. For
purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates,
and insects used for angling.
new text end

Sec. 14.

Minnesota Statutes 2006, section 97C.391, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Rules. new text end

new text begin The commissioner may by rule establish reasonable conditions on
the buying and selling of fish that would prevent or slow the spread of certifiable diseases,
as defined in chapter 17, and invasive species.
new text end

Sec. 15.

Minnesota Statutes 2006, section 97C.505, subdivision 1, is amended to read:

Subdivision 1.

Authority to take, possess, buy, and sell.

(a) Minnows may be
taken, possessed, bought, and sold, subject to the restrictions in this chapter new text begin , section
84.03, subdivision 3, new text end and deleted text begin in deleted text end rules adopted by the commissioner under paragraph (b). A
person may not take, possess, or sell minnows except for use as bait or for ornamental
or aquacultural purposes.

(b) The commissioner may adopt rules for the taking, possession, purchase, sale,
and transportation of minnows.

Sec. 16.

Minnesota Statutes 2006, section 97C.515, subdivision 2, is amended to read:

Subd. 2.

Permit for transportation.

new text begin (a) new text end new text begin new text end A person may transport minnows through
the state with a permit from the commissioner. The permit must state the name and
address of the person, the number and species of minnows, the point of entry into the
state, the destination, and the route through the state. The permit is not valid for more
than 12 hours after it is issued.

new text begin (b) The commissioner may require the person transporting minnow species found
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services, to
provide health certification for viral hemorrhagic septicemia or other certifiable diseases,
as defined in chapter 17. For certifiable diseases not currently documented in Minnesota,
the certification must be dated within the 12 months preceding transport.
new text end

Sec. 17.

Minnesota Statutes 2006, section 97C.515, subdivision 4, is amended to read:

Subd. 4.

Private fish hatchery or aquatic farm.

new text begin (a) new text end A person with a private fish
hatchery or aquatic farm license may transport minnows new text begin with a transportation permit new text end from
contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
used for processing or feeding hatchery fish.

new text begin (b) new text end The commissioner may require inspection of minnows new text begin and disease certification
for species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, that are being new text end transported from outside the state.

new text begin (c) The commissioner may approve the import of minnows into areas or waters
where certifiable diseases have been identified as being present.
new text end

Sec. 18.

Minnesota Statutes 2006, section 97C.515, subdivision 5, is amended to read:

Subd. 5.

Special permits.

(a) The commissioner may issue a special permit, without
a fee, to allow a person with a private fish hatchery license to import minnows from
other states for export. A permit under this subdivision is not required for importation
authorized under subdivision 4.

(b) An applicant for a permit under this subdivision shall submit to the commissioner
sufficient information to identify potential threats to native plant and animal species and
an evaluation of the feasibility of the proposal. The permit may include reasonable
restrictions on importation, transportation, possession, containment, new text begin disease certification,
new text end and disposal of minnows to ensure that native species are protected. The permit may
have a term of up to two years and may be modified, suspended, or revoked by the
commissioner for cause, including violation of a condition of the permit.

Sec. 19.

Minnesota Statutes 2006, section 97C.821, is amended to read:

97C.821 POSSESSION, SALE, AND TRANSPORTATION OF
COMMERCIAL FISH.

Subject to the applicable provisions of the game and fish laws, fish taken under
commercial fishing licenses may be possessed in any quantity, bought, sold, and
transported at any time. Commercial fishing licensees may transport their catch live to
holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
licensees may harvest fish from their holding facilities at any time with their licensed gear.
The commissioner may prohibit the transport of live fish taken under a commercial fishing
license from waters that contain nonnative species new text begin , are designated as infested waters, or
are infected with any certifiable disease, as defined in chapter 17 new text end .

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 97C.515, subdivision 3, new text end new text begin is repealed.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 20 are effective the day following final enactment.
new text end