Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 566-S.F.No. 2432 
           An act relating to agriculture; regulating aquatic 
          farming; protecting certain wildlife populations; 
          amending Minnesota Statutes 1990, sections 86A.05, by 
          adding a subdivision; 86A.09, subdivision 1; 97C.203; 
          97C.301, by adding a subdivision; 97C.345, subdivision 
          4; 97C.391; and 97C.505, subdivision 6; proposing 
          coding for new law in Minnesota Statutes, chapter 17; 
          repealing Minnesota Statutes 1990, sections 97A.475, 
          subdivision 29a; and 97C.209. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [17.4981] [GENERAL CONDITIONS FOR REGULATION OF 
AQUATIC FARMS.] 
    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 1 to 15 
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.  
    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. 
    Sec. 2.  [17.4982] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to sections 1 to 15. 
    Subd. 2.  [APPROVED LABORATORY METHODS.] "Approved 
laboratory methods" means methods described in the latest 
edition of the "Procedures for the Detection and Identification 
of Certain Fish Pathogens" published by the American Fisheries 
Society Fish Health Section known as the Fish Health Blue Book.  
    Subd. 3.  [AQUARIUM FACILITIES.] "Aquarium facilities" 
means facilities that rear or hold private aquatic life for sale 
for aquarium or display purposes. 
    Subd. 4.  [AQUATIC FARM.] "Aquatic farm" means a licensed 
facility used for hatching, raising, rearing, and culturing 
private aquatic life in waters and preparing aquatic life for 
sale, including, but not limited to, ponds, vats, tanks, 
raceways, and other indoor or outdoor facilities that an aquatic 
farmer owns or waters of which an aquatic farmer has the use. 
    Subd. 5.  [AQUATIC LIFE.] "Aquatic life" has the meaning 
given to "private aquatic life" in section 17.47, subdivision 7, 
and for purposes of commercial transactions, aquatic life is 
livestock. 
    Subd. 6.  [CERTIFIABLE DISEASES.] "Certifiable diseases" 
include channel catfish virus, bacterial kidney disease, 
bacterial furunculosis, enteric redmouth disease, enteric 
septicemia of catfish, infectious hematopoietic necrosis virus, 
infectious pancreatic necrosis virus, whirling disease, 
proliferative kidney disease, viral hemorrhagic septicemia 
virus, epizootic epitheliotropic virus, ceratomyxosis, and any 
emergency disease. 
    Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
commissioner of natural resources. 
    Subd. 8.  [CONTAINMENT FACILITY.] "Containment facility" 
means a licensed facility for salmonids or catfish that complies 
with clauses (1), (3), and (4), or clauses (2), (3), and (4): 
    (1) disinfects its effluent to the standards in section 9 
before the effluent is discharged to public waters, if the 
facility contains catfish and discharges into or upstream of 
waters containing catfish or if the facility contains salmonids 
and discharges into or upstream of waters containing salmonids; 
    (2) does not discharge to public waters or to waters of the 
state directly connected to public waters; 
    (3) raises aquatic life for food consumption only; 
    (4) contains aquatic life requiring a fish health 
inspection prior to transportation. 
    Subd. 9.  [EMERGENCY FISH DISEASE.] "Emergency fish disease"
means designated fish diseases not already present in this state 
that could impact populations of aquatic life if inadvertently 
released by infected aquatic life, including channel catfish 
virus, viral hemorrhagic septicemia virus, infectious 
hematopoietic necrosis virus, infectious pancreatic necrosis 
virus, whirling disease, ceratomyxosis, proliferative kidney 
disease, and epizootic epitheliotropic virus disease.  
    Subd. 10.  [ENZOOTIC.] "Enzootic" means a disease that is 
known to occur within well-defined geographic boundaries. 
    Subd. 11.  [FISH HEALTH BLUE BOOK.] "Fish Health Blue Book" 
means the standardized set of procedures and guidelines 
established and published by the American Fisheries Society Fish 
Health Section for the detection and isolation of fish pathogens.
    Subd. 12.  [FISH HEALTH INSPECTION.] "Fish health 
inspection" means an on-site, statistically based sampling in 
accordance with processes in the Fish Health Blue Book for all 
lots of fish in a facility.  The inspection must include at 
least viral testing of ovarian fluids at the 95 percent 
confidence level of detecting two percent incidence of disease 
(ovarian fluids must be sampled for certification of viral 
hemorrhagic septicemia and infectious hematopoietic necrosis).  
Bacterial diseases must be sampled at the 95 percent confidence 
level with a five percent incidence of disease.  The inspection 
must be performed by a fish health inspector in cooperation with 
the producer with subsequent examination of the collected 
tissues and fluids for the detection of certifiable diseases. 
    Subd. 13.  [FISH HEALTH INSPECTOR.] "Fish health inspector" 
means an individual certified as a fish health inspector by the 
American Fisheries Society or state, federal, or provincial 
resource management agency, except that a certification may not 
be made by an inspector who has a conflict of interest in 
connection with the outcome of the certification. 
    Subd. 14.  [GAME FISH.] "Game fish" has the meaning given 
in section 97A.015, subdivision 25, except that green or orange 
spotted sunfish are not game fish for purposes of determining 
fish of significant public value. 
    Subd. 15.  [INTENSIVE CULTURE.] "Intensive culture" means 
the rearing of fish at densities greater than can be supported 
in the natural environment.  
    Subd. 16.  [LICENSED FACILITY.] "Licensed facility" means a 
licensed aquatic farm, including all licensed waters. 
    Subd. 17.  [LOT.] "Lot" means a group of fish of the same 
species and age that originated from the same discrete spawning 
population and that always have shared a common water supply.  
Various age groups of adult brood stock of the same species may 
comprise the same lot if they have shared the same containers 
for one brood cycle. 
    Subd. 18.  [MINNOWS.] "Minnows" has the meaning given in 
section 97A.015, subdivision 29, except the 12-inch restriction 
on sucker minnows does not apply. 
    Subd. 19.  [PUBLIC WATERS.] "Public waters" has the meaning 
given in section 103G.005, subdivision 15. 
    Subd. 20.  [QUARANTINE FACILITY.] "Quarantine facility" 
means a culture system that is enclosed in a building and is 
separated from other fish culture facilities where fish can be 
isolated and maintained while preventing their introduction and 
pathogen introduction into the environment. 
    Subd. 21.  [STANDARD FACILITY.] "Standard facility" means a 
licensed facility with a continual or intermittent discharge of 
effluent to public waters. 
    Subd. 22.  [WATERS OF THE STATE.] "Waters of the state" has 
the meaning given in section 103G.005, subdivision 17. 
    Sec. 3.  [17.4983] [AQUATIC FARM OPERATIONS.] 
    Subdivision 1.  [ACQUISITION AND SALE OF PRIVATE AQUATIC 
LIFE.] Aquatic life legally possessed may be bought, acquired, 
and sold by licensed facilities as provided in sections 1 to 15. 
    Subd. 2.  [ACQUISITION FROM STATE.] (a) The commissioner 
may sell aquatic life to licensed facilities at fair market 
value.  Fair market value must be determined by the average 
market price charged in this state and contiguous states and 
provinces for similar quantities. 
    (b) The commissioner shall establish procedures to make 
aquatic life available to licensed facilities if state aquatic 
life would otherwise die or go to waste, such as in cases of 
winterkill lakes, waters where piscicides will be applied, and 
waters subject to extreme draw-down.  The public must be given 
angling opportunities if public access is available. 
    (c) The commissioner shall attempt to provide opportunities 
to make brood stock available to licensed facilities to reduce 
reliance on out-of-state sources without causing adverse impacts 
to game fish populations. 
    (d) If the commissioner denies approval to obtain aquatic 
life outside the state, a written notice must be submitted to 
the applicant stating the reasons for denial, and the 
commissioner shall: 
    (1) designate approved sources if available to obtain the 
desired aquatic life; or 
    (2) sell the aquatic life from state hatcheries at fair 
market value if there is a surplus from state operations. 
    Subd. 3.  [METHODS TO HARVEST AQUATIC LIFE.] Licensed 
facilities may use all reasonable methods to operate and harvest 
aquatic life from licensed facilities, including available nets. 
    Subd. 4.  [DISCHARGE MAY REQUIRE PERMIT.] The discharge 
from an aquatic farm must comply with discharge permits required 
by the Minnesota pollution control agency.  
    Subd. 5.  [OWNERSHIP OF AQUATIC LIFE.] (a) Notwithstanding 
other provisions of law, aquatic life lawfully acquired and 
possessed by a licensed facility is private aquatic life and 
property of the owner of the licensed facility. 
    (b) The state may not seize or otherwise confiscate private 
aquatic life without due process of law, except that private 
aquatic life in public waters may become property of the state 
if the waters are not part of a licensed facility.  The 
commissioner shall notify the licensee that the aquatic life in 
a facility that is no longer licensed will become property of 
the state if the aquatic life is not removed.  If the licensee 
does not respond in writing within 30 days after receiving the 
notice and make alternative arrangements, or does not remove the 
aquatic life by 60 ice-free days after receiving the notice, the 
private aquatic life becomes property of the state. 
    (c) Private aquatic life that is transferred to the state 
or released into public waters that are not part of a licensed 
facility is owned by the state and may be considered wildlife. 
    Subd. 6.  [CONTROL OF LICENSED WATERS.] (a) If the public 
cannot legally access waters of the state that are part of a 
licensed aquatic farm except by permission of the licensee, the 
use of the waters by the public is subject to restriction by the 
licensee. 
    (b) Waters of the state may not be licensed for aquaculture 
use to more than one licensee. 
    Subd. 7.  [ANGLING IN LICENSED WATERS.] A person may not 
take fish by angling from waters subject to subdivision 6 unless 
the person has written permission from the licensee and: 
    (1) has an invoice when in possession of fish; or 
    (2) takes fish under an angling license, subject to the 
limits and conditions in the game and fish laws. 
    Sec. 4.  [17.4984] [AQUATIC FARM LICENSE.] 
    Subdivision 1.  [LICENSE REQUIRED.] (a) A person or entity 
may not operate an aquatic farm without first obtaining an 
aquatic farm license from the commissioner. 
    (b) Applications for an aquatic farm license must be made 
on forms provided by the commissioner. 
    (c) Licenses are valid for five years and are transferable 
upon notification to the commissioner. 
    (d) The commissioner shall issue an aquatic farm license on 
payment of the required license fee under section 8.  
    (e) A license issued by the commissioner is not a 
determination of private property rights, but is only based on a 
determination that the licensee does not have a significant 
detrimental impact on the public resource.  
    Subd. 2.  [LISTED WATERS.] (a) An aquatic farm license must 
list: 
    (1) the specific waters of the state that may be used in 
connection with the licensed aquatic farm and the species 
approved for each licensed water; 
    (2) whether aeration requiring a permit is approved; and 
    (3) whether piscicide use is approved.  
Additional waters may not be used until they are approved by the 
commissioner. 
    (b) The right to use waters licensed for private fish 
hatchery or aquatic farm purposes may be transferred between 
licensees with prior approval by the commissioner if 
requirements for species to be raised are met.  Waters that are 
continually connected by a permanent watercourse to other waters 
must not be approved for aquatic farm use, except that connected 
waters that are isolated from other waters may be licensed as a 
single water body.  Waters that are intermittently connected or 
may become connected with other waters may be denied, or 
screening or other measures may be required to prevent passage 
of aquatic life.  Listed waters may be changed on approval by 
the area fisheries supervisor or the commissioner. 
    (c) The commissioner shall conduct an inspection of waters 
to be licensed prior to approving or denying initial licensing 
of the waters. 
    (d) Waters containing game fish of significant public value 
may be denied licensing unless the applicant can demonstrate 
exclusive riparian control. 
    (e) Waters containing game fish of significant public value 
may be denied licensing unless the game fish of significant 
public value are sold to the licensee, removed for other state 
use by the department of natural resources, or disposed of as 
provided in writing by the commissioner.  
    (f) Waters licensed under an aquatic farm license may be 
aerated during open water periods without a separate aeration 
permit.  
    Subd. 3.  [LISTED SPECIES.] (a) An aquatic farm license 
must list the species of aquatic life appropriate for the 
classification of the waters.  Listed species of aquatic life 
may be changed on written request to and approval by the area 
fisheries supervisor.  Species of aquatic life regulated under 
chapter 97A, 97B, or 97C may not be cultured unless listed on 
the license. 
    (b) All waters licensed before July 1, 1992, under a 
private fish farm or fish hatchery license must be approved for 
species listed under current licenses if other conditions for 
licensing are met.  
    (c) If licensed waters are located within a 25-year 
floodplain and are not enclosed within a building, species of 
aquatic life may be licensed at the discretion of the 
commissioner.  
    (d) Licensed waters located outside of a 25-year floodplain 
or enclosed within a building may be licensed for any species, 
except that the commissioner may deny licensing for species not 
present in the state.  
    Subd. 4.  [SINGLE LICENSE FOR AQUATIC FARMING OPERATION.] 
The commissioner shall issue a single license for aquatic 
farming, with the following information and endorsements: 
    (1) waters covered by the license; 
    (2) classification of each of the licensed waters; 
    (3) aeration endorsement for each licensed water where the 
licensee has exclusive control of riparian access or where the 
conditions for an aeration permit have been met; and 
    (4) endorsements requested by the licensee.  
    Subd. 5.  [STATE LIST OF WATERS.] If the state uses waters 
of the state for aquatic farming, the state shall acquire legal 
access to the waters and make documentation of the access 
available to the public. 
    Subd. 6.  [INSPECTIONS AND ENFORCEMENT.] (a) The premises, 
property, vehicles, private aquatic life, and equipment where 
private aquatic farm operations are being conducted are subject 
to an annual operations inspection and other reasonable and 
necessary inspections at reasonable times by conservation 
officers.  The reason for the inspection must be provided in 
writing upon request.  The owner, operator, or designee may be 
present when inspections are conducted.  
    (b) Conservation officers may enforce sections 1 to 15 
under section 97A.205.  
    Subd. 7.  [NONPUBLIC RECORDS.] (a) Licensees must keep 
complete, up-to-date, nonpublic records of the operation of the 
aquatic farm.  The records must be kept for at least three years.
    (b) The records must be in English and include the 
following information: 
    (1) for each species acquired, the number and pounds of 
fish or eggs acquired, names and addresses of the sources from 
which acquired, and the dates of receipt; 
    (2) for each species sold or disposed of, the number and 
pounds of fish sold or disposed of, the names and addresses of 
the purchasers or persons to whom the conveyances are made, and 
the dates of sale; and 
    (3) for fish sperm or viable eggs, the amount acquired or 
sold, the names and addresses of the sources from which 
acquired, the purchasers to whom conveyed, and the dates of 
purchase or sale; 
    (c) On or before March 1 of each year, the licensee shall 
submit a complete annual report on a form furnished by the 
commissioner, covering the quantity of all species sold or 
purchased in the preceding licensed year. 
    (d) An aquatic farmer shall maintain records for reasonable 
inspection by the commissioner.  Information on aquatic life 
production, harvest, and sales is nonpublic information.  
    Sec. 5.  [17.4985] [TRANSPORTATION OF AQUATIC LIFE.] 
    Subdivision 1.  [REQUIREMENTS FOR IMPORTATION, 
TRANSPORTATION WITHIN THE STATE, OR STOCKING OF FISH.] Except as 
provided in subdivision 3, a licensee may not import aquatic 
life into the state, transport aquatic life within the state, or 
stock waters of the state with aquatic life without first 
obtaining a bill of lading or transportation permit from the 
commissioner, with disease certification, if applicable. 
    Subd. 2.  [BILL OF LADING.] (a) A person may transport 
aquatic life except salmonids or catfish with a completed bill 
of lading for: 
    (1) intrastate transportation of aquatic life between 
licensed private fish hatcheries, aquatic farms, or aquarium 
facilities licensed for the same species and of the proper 
classification for the aquatic life; and 
    (2) stocking of waters other than public waters.  
    (b) When aquatic life is transported between licensed 
private fish hatcheries, aquatic farms, or aquarium facilities, 
a copy of the bill of lading must be submitted to the regional 
fisheries manager:  
    (1) at least 72 hours before the transportation if species 
transported into a watershed are not found in it, or have their 
original source outside Minnesota and contiguous states; or 
    (2) within 30 days in cases not covered by clause (1). 
    (c) A bill of lading is also required at least 72 hours 
before any transportation between licensed waters of the same 
licensee if species transported into a watershed are not found 
in it, or have their original source outside Minnesota and 
contiguous states. 
     (d) 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. 
    (e) 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. 
    Subd. 3.  [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS 
OF LADING.] (a) A bill of lading or transportation permit is not 
required by an aquatic farm licensee for importation, 
transportation, 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 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, except salmonids and catfish, 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; 
    (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; or 
    (8) transfer of aquatic life between licensed waters of the 
same licensee, except where required in subdivision 2. 
    (b) Shipping documents required under paragraph (a) must 
show the place of origin, owner or consignee, destination, 
number, and species. 
    Subd. 4.  [TRANSPORTATION PERMIT REQUIREMENTS.] A 
transportation permit is required for all importation, 
transportation, or stocking of private aquatic life not covered 
by subdivision 2 or exempted in subdivision 3.  A transportation 
permit may be used for multiple shipments within the 30-day term 
for the permit if the source and the destination remains the 
same.  Transportation permits, which may authorize importation 
or stocking of public waters, may be issued through department 
of natural resources regional offices or the St. Paul office, 
and must be obtained prior to shipment. 
    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 and 
catfish, 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 may be imported, transported, 
or stocked into areas where the disease has been previously 
introduced.  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. 
    Subd. 6.  [VEHICLE IDENTIFICATION.] (a) A vehicle used by a 
licensee for transporting aquatic life must be identified with 
the licensee's name and town of residence as it appears on the 
license and the license number.  
    (b) A vehicle used by a licensee must have identification 
displayed so that it is readily visible from either side of the 
vehicle in letters and numbers not less than 2-1/2 inches high 
and with a three-eighths inch wide stroke.  Identification may 
be permanently affixed to vehicles or displayed on removable 
plates or placards placed on opposite doors of the vehicle or on 
the tanks carried on the vehicle.  
    (c) An application to license a vehicle for minnow 
transport or export or for use as a fish vendor that is received 
by the commissioner is a temporary license until it is approved 
or denied. 
    Sec. 6.  [17.4986] [IMPORTATION OF AQUATIC LIFE.] 
    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 when required or a bill of lading from the 
commissioner, unless the person is exempted. 
    Subd. 2.  [LICENSED FACILITIES.] (a) The commissioner shall 
issue transportation permits to import: 
    (1) indigenous and naturalized species except trout, 
salmon, and catfish from any source to a standard facility; 
    (2) trout, salmon, and catfish from a nonemergency 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 may be 
imported into areas where the disease has been previously 
introduced; and 
    (3) trout, salmon, and catfish from a facility in a 
nonemergency 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 may be imported into areas 
where the disease has been previously introduced.  
    (b) If a source facility in an emergency disease area 
cannot demonstrate a history free from disease, aquatic life may 
only be imported into a quarantine facility. 
    Subd. 3.  [ENZOOTIC DISEASE AREA.] (a) Except as otherwise 
provided and 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 may be imported into areas where the disease has been 
previously introduced, fish may be imported from emergency 
disease enzootic areas only as fertilized eggs under the 
following conditions:  
    (1) to be imported into a standard facility, fertilized 
eggs must have a disease-free history for at least five years; 
    (2) to be imported into a containment facility, fertilized 
eggs must have a disease-free history for at least three years; 
or 
    (3) to be imported into a quarantine facility, fertilized 
eggs may have a disease-free history of less than three years.  
    (b) A hatchery inspection must occur at least once a year 
and fish must have been tested for all certifiable diseases.  
Fish health inspections under this subdivision must comply with 
section 2, subdivision 12.  
    Sec. 7.  [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 deny issuance of a permit if 
releasing the private aquatic life is not consistent with the 
management plan for the public waters.  The commissioner shall 
make management plans available to the public.  
    (b) If a permit is denied, the commissioner must provide 
reasons for the denial in writing. 
    Sec. 8.  [17.4988] [LICENSE AND INSPECTION FEES.] 
    Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
license must be issued by the commissioner if the requirements 
of law are met and the license and permit fees specified in this 
section are paid. 
    Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
an aquatic farming license is $275. 
    (b) The aquatic farming license must contain endorsements 
for the rights and privileges of the following licenses under 
the game and fish laws.  The endorsement must be made upon 
payment of the license fee prescribed in section 97A.475 for the 
following licenses: 
    (1) minnow dealer license; 
    (2) minnow retailer license for sale of minnows as bait; 
    (3) minnow exporting license; 
    (4) minnow dealer helper license; 
    (5) aquatic farm vehicle endorsement, which includes a 
minnow dealer vehicle license, a minnow retailer vehicle 
license, an exporting minnow hauler vehicle license, and a fish 
vendor vehicle license; 
    (6) sucker egg taking license; and 
    (7) game fish packers license. 
    Subd. 3.  [INSPECTION FEES.] The fees for the following 
inspections are:  
    (1) initial inspection of each water to be licensed, $50; 
    (2) fish health inspection and certification, $20 plus $80 
per lot thereafter; and 
    (3) initial inspection for containment and quarantine 
facility inspections, $50. 
    Subd. 4.  [AQUARIUM FACILITY.] (a) A person may not operate 
an aquarium facility without an aquarium facility license issued 
by the commissioner.  The fee for an aquarium facility license 
is $15. 
    (b) Game fish transferred by an aquarium facility must be 
accompanied by a receipt containing the information required on 
a shipping document by section 5, subdivision 3, paragraph (b). 
    Sec. 9.  [17.4991] [DISEASE TRANSMISSION.] 
    Subdivision 1.  [FACILITY DESIGNATION.] (a) The licensee 
may apply to the commissioner for designation of all or a 
portion of a facility as a standard, containment, or quarantine 
facility on forms prescribed by the commissioner as part of the 
license application or separately. 
    (b) By 15 business days after an application is submitted, 
the commissioner must notify the applicant if there are any 
deficiencies in the application.  By 30 business days after a 
complete application is submitted, the commissioner shall 
approve or deny the designation requested.  A denial must 
include an assessment of the actual risk to wildlife populations 
at the particular site.  A containment designation must be 
approved if the facility meets the disinfection requirements of 
subdivision 2 and complies with section 2, subdivision 8. 
    Subd. 2.  [DISINFECTION.] (a) Containment facilities must 
disinfect effluent prior to discharge to public waters.  The 
effluent required to be disinfected includes water used by a 
containment facility in the production of the aquatic life of 
concern, waste or mortalities from the aquatic life of concern, 
and live forage or commercial feed discarded from the 
containment facility.  Runoff from precipitation and excess 
water from natural springs, wells, or other sources that is not 
used in the production of aquatic life is not effluent to be 
disinfected. 
    (b) The disinfection must minimize the potential release of 
disease pathogens to wildlife susceptible to the pathogens based 
on a reasonable risk assessment.  Disinfection treatment 
processes may include chlorination or other processes.  If 
chlorine disinfection is utilized, a measurable residual level 
of 1.0 parts per million of active chlorine in the effluent must 
be maintained for one hour of retention time.  The effluent must 
be sufficiently dechlorinated to prevent toxic adverse impacts 
to wildlife after discharge to public waters. 
    (c) A disinfection treatment process must ensure 
uninterrupted effluent treatment in the event of electrical 
power failure, a primary system failure, or other similar events 
that would cause treatment interruptions. 
    (d) The effluent disinfection process must be sited, 
designed, and operated in a manner that allows inspection by the 
commissioner at all times to determine whether adequate effluent 
disinfection is maintained. 
    (e) The commissioner may prescribe reasonable documentation 
of daily monitoring of treatment system performance to be 
included in the licensee's annual report.  The records must be 
available for daily inspection by the commissioner during normal 
business hours and maintained for three years. 
    Subd. 3.  [FISH HEALTH INSPECTION.] (a) An aquatic farm 
propagating trout, salmon, or catfish and having an effluent 
discharge from the aquatic farm into public waters must have an 
annual fish health inspection conducted by a certified fish 
health inspector.  Testing must be conducted according to 
approved laboratory methods. 
    (b) 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 natural resources 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. 
    (c) 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 by a person certified as a fish health 
inspector. 
    (d) 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. 
    Subd. 4.  [EMERGENCY DISEASE DETERMINATION.] If emergency 
diseases exist, the commissioner may order the fish in the 
facility to be impounded, confiscated, sold, or destroyed and 
the facility disinfected.  The commissioner shall make every 
effort to allow disposed fish to be sold for market if there is 
no imminent danger of a significant adverse impact on natural 
fish populations or human health or of escape of the pathogen to 
public waters. 
    Sec. 10.  [17.4992] [GAME FISH.] 
    Subdivision 1.  [ACQUISITION AND PURCHASE.] Game fish 
sperm, viable game fish eggs, or live game fish may not be taken 
from public waters for aquaculture purposes, but may be 
purchased from the state or acquired from aquatic farms.  
    Subd. 2.  [RESTRICTION ON THE SALE OF GAME FISH.] 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, except that eggs with enteric redmouth, 
whirling disease, or furunculosis may be transferred or stocked 
following treatment approved by the commissioner, and fish with 
bacterial kidney disease may be transferred or stocked to areas 
where the disease has been previously introduced. 
    Subd. 3.  [ACQUISITION OF FISH FOR BROOD STOCK.] Game fish 
brood stock may be sold to private fish hatcheries or aquatic 
farms by the state at fair market value.  As a one-time purchase 
for brood stock development, up to 20 pair of adults may be 
provided, if available, by the state through normal operations. 
    Subd. 4.  [SALE OF EGGS BY THE STATE.] The commissioner may 
offer for sale as eggs or fry up to two percent of the 
department's annual game fish egg harvest.  Additional eggs or 
fry may be sold if they are surplus to this state's program 
needs. 
    Subd. 5.  [PURCHASE OF EGGS DEPENDENT UPON 
FACILITY.] Licensees may purchase game fish eggs or fry from the 
state at a rate based on the capacity of their facility to hatch 
and rear fish.  Licensees may purchase walleye at a rate of no 
more than one-half quart of eggs or 5,000 fry for each acre or 
fraction of licensed surface water.  This limitation may be 
waived if an aquatic farm is an intensive culture facility.  The 
allowable purchase of trout or salmon eggs must be based on the 
capacity of rearing tanks and flow of water through the aquatic 
farm facility. 
    Subd. 6.  [STOCKING WALLEYES NORTH OF MARKED STATE HIGHWAY 
NO. 210.] Walleyes from outside of the area of the state north 
of marked state highway No. 210 may not be stocked in waters of 
the state north of marked state highway No. 210 without approval 
by the commissioner. 
    Sec. 11.  [17.4993] [MINNOWS.] 
    Subdivision 1.  [TAKING FROM PUBLIC WATERS.] A licensee may 
take minnow sperm, minnow eggs, and live minnows from public 
waters for aquatic farm purposes under an aquatic farm license.  
    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. 
    Sec. 12.  [17.4994] [SUCKER EGGS.] 
    Sucker eggs may be taken from public waters with a sucker 
egg license endorsement, which authorizes sucker eggs to be 
taken at a rate of one quart of eggs for each 1-1/2 acres of 
licensed surface waters except that for intensive culture 
systems, sucker eggs may be taken at a rate of two quarts per 
1,000 muskellunge fry being reared.  The taking of sucker eggs 
from public waters is subject to chapter 97C and may be 
supervised by the commissioner. 
    Sec. 13.  [17.4995] [RECEIPTS TO THE GAME AND FISH FUND.] 
    Money received by the state under sections 1 to 15 must be 
deposited in the state treasury and credited to the game and 
fish fund. 
    Sec. 14.  [17.4996] [WHITE EARTH INDIAN RESERVATION.] 
    Until the commissioner reaches an agreement with the White 
Earth Indian Reservation regarding the acquisition and sale of 
aquatic life from public waters, an aquatic farm licensee may 
acquire and transport rough fish, as defined in section 97A.015, 
subdivision 43, and yellow perch lawfully acquired and possessed 
by a tribal member for sale under tribal laws and regulations on 
the White Earth Reservation.  Transportation of yellow perch off 
the reservation must be accompanied by documentation showing the 
source and number of the yellow perch. 
    Sec. 15.  [17.4997] [RULES.] 
    The commissioner may adopt rules that are consistent with 
sections 1 to 14.  The commissioner must notify the Minnesota 
aquaculture commission and the commissioner of agriculture prior 
to publication of the proposed rules. 
     Sec. 16.  Minnesota Statutes 1990, section 86A.05, is 
amended by adding a subdivision to read: 
    Subd. 14.  [AQUATIC MANAGEMENT AREAS.] (a) Aquatic 
management areas may be established to protect, develop, and 
manage lakes, rivers, streams, and adjacent wetlands and lands 
that are critical for fish and other aquatic life, for water 
quality, and for their intrinsic biological value, public 
fishing, or other compatible outdoor recreational uses. 
    (b) No unit may be authorized unless it meets one or more 
of the following criteria: 
    (1) provides angler or management access; 
    (2) protects fish spawning, rearing, or other unique 
habitat; 
    (3) protects aquatic wildlife feeding and nesting areas; 
    (4) protects critical shoreline habitat; or 
    (5) provides a site for research on natural history. 
    (c) Aquatic management areas must be administered by the 
commissioner of natural resources in a manner consistent with 
the purposes of this subdivision to perpetuate and, if 
necessary, reestablish high quality aquatic habitat for 
production of fish, wildlife, and other aquatic species.  Public 
fishing and other uses shall be consistent with the limitations 
of the resource, including the need to preserve adequate 
populations and prevent long-term habitat injury or excessive 
fish population reduction or increase.  Public access to aquatic 
management areas may be closed during certain time periods.  
    Sec. 17.  Minnesota Statutes 1990, section 86A.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MASTER PLAN REQUIRED.] No construction of 
new facilities or other development of an authorized unit, other 
than repairs and maintenance, shall commence until the managing 
agency has prepared and submitted to the commissioner of trade 
and economic development and the commissioner of trade and 
economic development has reviewed, pursuant to this section, a 
master plan for administration of the unit in conformity with 
this section.  No master plan is required for wildlife 
management areas that do not have resident managers, for water 
access sites, for aquatic management areas, or for rest areas. 
    Sec. 18.  Minnesota Statutes 1990, section 97C.203, is 
amended to read: 
    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 or 
licensed aquatic farms 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 contiguous states per volume rates; 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 sources and contiguous states per volume rates of 
fish eggs and fry to private fish hatcheries and fish aquatic 
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. 19.  Minnesota Statutes 1990, section 97C.301, is 
amended by adding a subdivision to read: 
    Subd. 5.  [AQUATIC FARMS.] An aquatic farm licensee may 
take aquatic life under the aquatic farm license and its 
endorsements as authorized without additional licenses under the 
game and fish laws.  
    Sec. 20.  Minnesota Statutes 1990, section 97C.345, 
subdivision 4, is amended to read: 
    Subd. 4.  [EXCEPTIONS.] This section does not apply to: 
    (1) nets used to take rainbow smelt during the open season; 
    (2) nets used to land game fish taken by angling; 
    (3) seines or traps used for the taking of minnows for 
bait; and 
    (4) nets, seines, or traps possessed and used under an 
aquatic farm license; and 
    (5) angling equipment.  
    Sec. 21.  Minnesota Statutes 1990, 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 that are private aquatic 
life; and 
    (5) fish raised in a private hatchery that are tagged or 
labeled or otherwise identified as prescribed by the 
commissioner; and 
    (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 aquatic farm to stock waters for recreational 
fishing, or as prescribed by the commissioner. 
    Sec. 22.  Minnesota Statutes 1990, section 97C.505, 
subdivision 6, is amended to read: 
    Subd. 6.  [APPROVED EQUIPMENT REQUIRED.] A person must use 
equipment approved by the commissioner to possess or transport 
minnows for sale.  This subdivision does not apply to licensed 
aquatic farms.  
    Sec. 23.  [REPEALER.] 
    Minnesota Statutes 1990, sections 97A.475, subdivision 29a; 
and 97C.209, are repealed.  
    Sec. 24.  [1992 TRANSITION.] 
    A 1992 private fish hatchery or fish farm licensee may 
obtain an aquatic farm license by applying to the commissioner 
and paying the difference between the aquatic farm license with 
endorsements and the private fish hatchery or fish farm license 
and corresponding licenses under the game and fish laws.  
    Sec. 25.  [EFFECTIVE DATE.] 
    This act is effective the day after final enactment, except 
section 23 is effective February 28, 1993. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:15 a.m.