Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 331-S.F.No. 3260 
                  An act relating to agriculture; amending certain 
                  requirements for licensed aquatic farms; amending 
                  Minnesota Statutes 1998, sections 17.4984, 
                  subdivisions 2, 6, and 7; 17.4992, subdivision 3; and 
                  97C.521. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 17.4984, 
        subdivision 2, is amended to read: 
           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; and 
           (2) whether aeration requiring a permit 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.  When artificial tanks, jars, or other containers 
        are added to existing licensed facilities, an additional 
        inspection is not required. 
           (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, at the commissioner's option, and taking into 
        consideration the recommendation of the licensed applicant, sold 
        to the licensee, or 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.  
           (g) Carp and bullheads may be removed from licensed waters, 
        and transported and disposed of by the licensee. 
           Sec. 2.  Minnesota Statutes 1998, section 17.4984, 
        subdivision 6, is amended to read:  
           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 17.4981 to 
        17.4997 under section 97A.205.  
           Sec. 3.  Minnesota Statutes 1998, section 17.4984, 
        subdivision 7, is amended to read: 
           Subd. 7.  [NONPUBLIC RECORDS.] (a) Licensees must keep 
        complete, up-to-date, nonpublic records of the operation of the 
        aquatic farm.  The records must remain available 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 or 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 or 
        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 number or pounds 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. 4.  Minnesota Statutes 1998, section 17.4992, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ACQUISITION OF FISH FOR BROOD STOCK.] (a) Game 
        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 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. 5.  Minnesota Statutes 1998, section 97C.521, is 
        amended to read: 
           97C.521 [TRANSPORTATION OF CARP FINGERLINGS PROHIBITED.] 
           Except as provided in section 17.4984, subdivision 2, 
        paragraph (g), a person may not transport live carp fingerlings. 
           Presented to the governor March 31, 2000 
           Signed by the governor April 4, 2000, 3:48 p.m.