Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 318-S.F.No. 69 
           An act relating to natural resources; establishing a 
          commercial fish raising program; amending Minnesota 
          Statutes 1986, sections 97A.475, by adding a 
          subdivision; 97C.211, subdivisions 1 and 2, and by 
          adding a subdivision; and 97C.391; proposing coding 
          for new law in Minnesota Statutes, chapters 17 and 97C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [17.49] [PROGRAM ESTABLISHMENT.] 
    The commissioner shall establish and promote a program for 
the commercial raising of fish in fish farms in consultation 
with an advisory committee consisting of the University of 
Minnesota, the commissioner of natural resources, the 
commissioner of agriculture, the commissioner of energy and 
economic development, the director of the state planning agency, 
representatives of private fish raising industry, and the chairs 
of the environment and natural resources committees of the house 
of representatives and senate. 
    Sec. 2.  Minnesota Statutes 1986, section 97A.475, is 
amended by adding a subdivision to read:  
    Subd. 29a.  [FISH FARMS.] The fees for the following 
licenses to be issued to residents and nonresidents are:  
    (1) for a fish farm, $250; and 
    (2) to take sucker eggs from public waters for a fish farm, 
$150, plus $3 for each quart in excess of 100 quarts.  
    Sec. 3.  [97C.203] [DISPOSAL OF STATE HATCHERY EGGS OR 
FRY.] 
    (a) The commissioner shall dispose of game fish eggs and 
fry 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) sale of fish eggs and fry to private fish hatcheries to 
hatch fry or raise fingerlings to stock waters of this state 
with fingerlings for recreational fishing at a price not less 
than the fair market value, established as the average price 
charged at the state's private hatcheries; and 
    (3) sale at a price not less than the fair market value, 
established as the average price charged at the state's private 
hatcheries of fish eggs and fry to private fish hatcheries and 
fish farms to hatch fry or raise fingerlings for sale. 
    (b) Until July 1, 1990, the commissioner must make at least 
two percent of the game fish eggs collected available to private 
hatcheries. 
    Sec. 4.  [97C.209] [FISH FARMS.] 
    Subdivision 1.  [LICENSE REQUIRED.] A person may not 
operate a fish farm without a fish farm license.  A fish farm is 
a facility for commercially raising fish for sale to be 
commercially processed for human consumption.  A fish farm 
licensee may operate a private hatchery without obtaining a 
private hatchery license.  
    Subd. 2.  [ACQUISITION OF FISH.] (a) A person operating a 
fish farm may not obtain fish or fish eggs outside of the state 
unless approved by the commissioner.  The commissioner must 
either approve or deny the acquisition within 30 days after 
receiving a written request for approval.  
    (b) If the commissioner denies approval, a written notice 
must be submitted to the applicant stating the reasons for the 
denial and the commissioner must:  
    (1) designate approved sources to obtain the desired fish 
or fish eggs; or 
    (2) sell the fish or fish eggs from state fish hatcheries 
at fair market value.  
    Subd. 3.  [RULES FOR OPERATION.] The commissioner shall 
prescribe rules that allow a person to maintain and operate a 
fish farm to raise and dispose of fish.  The commissioner shall 
prescribe and assess a fee to cover the cost of inspection and 
disease certification of fish farms. 
    Sec. 5.  Minnesota Statutes 1986, section 97C.211, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE REQUIRED.] A person may not 
operate a private fish hatchery without a private fish hatchery 
license.  A private fish hatchery is a facility for raising fish 
for sale for stocking waters or for angling. 
    Sec. 6.  Minnesota Statutes 1986, section 97C.211, 
subdivision 2, is amended to read:  
    Subd. 2.  [RULES FOR OPERATION.] The commissioner shall 
prescribe rules that allow a person to maintain and operate a 
private fish hatchery to raise and dispose of fish indigenous to 
state waters.  The commissioner shall establish and assess a fee 
to cover the cost of inspection and disease certification of 
private hatcheries. 
    Sec. 7.  Minnesota Statutes 1986, section 97C.211, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [ACQUISITION OF FISH.] (a) A private fish 
hatchery may not obtain fish outside of the state unless the 
fish are approved by the commissioner.  The commissioner must 
either approve or deny the acquisition within 30 days after 
receiving a written request for approval.  
    (b) If the commissioner denies approval, a written notice 
must be submitted to the applicant stating the reasons for the 
denial and the commissioner must:  
    (1) designate approved sources to obtain the desired fish 
or fish eggs; or 
    (2) sell the fish or fish eggs from state fish hatcheries 
at fair market value.  
    Sec. 8.  Minnesota Statutes 1986, section 97C.391, is 
amended to read:  
    97C.391 [BUYING AND SELLING FISH.] 
    Subdivision 1.  [GENERAL RESTRICTIONS.] A person may not 
buy or sell fish taken from the waters of this state, except: 
    (1) minnows; 
    (2) rough fish excluding ciscoes; 
    (3) fish taken under licensed commercial fishing operations;
    (4) fish raised in a fish farm that are identified as 
prescribed by the commissioner; 
    (4) (5) fish raised in a private hatchery that are tagged 
or labeled or otherwise identified as prescribed by the 
commissioner; and 
    (5) (6)  fish lawfully taken and subject to sale from other 
states and countries.  
    Subd. 2.  [RESTRICTIONS ON CERTAIN GAME FISH.] Largemouth 
bass, smallmouth bass, rock bass, muskellunge, and sunfish may 
not be bought or sold, unless bought or sold by a private 
hatchery or fish farm to stock waters for recreational fishing, 
or as prescribed by the commissioner. 
    Approved May 29, 1987