Minnesota Administrative Rules

6256.0900 TURTLE PROPAGATION.

Subpart 1.

Licensee with turtle endorsement.

A person with an aquatic farm license with a turtle endorsement or a private fish hatchery license with a turtle endorsement shall sell, obtain, possess, transport, and propagate turtles and turtle eggs according to subparts 2 to 9.

Subp. 2.

Turtle endorsement application.

A licensee who is requesting a turtle endorsement must submit an application, on forms provided by the commissioner, to the address on the form. An application must include the species of turtle, location of rearing and incubation facilities, and site diagram with turtle containment descriptions. The commissioner shall send applications for a turtle endorsement to other state and federal agencies that regulate turtles for review.

Subp. 3.

Application of other law.

A person propagating turtles under this part must meet the requirements in Minnesota Statutes, sections 17.46 to 17.4999, and other state and federal laws that regulate the possession, processing, and sale of turtles and turtle eggs.

Subp. 4.

Out-of-state sources.

Turtles and turtle eggs may not be obtained outside of the state unless the commissioner approves the species and source. The commissioner may apply more stringent requirements to turtles and eggs or sources of turtles and eggs from outside the state than are applied to turtles and eggs and sources of turtles and eggs from within the state to protect Minnesota's natural resources.

Subp. 5.

Acquisition of brood stock.

A licensee shall apply for a permit to harvest adult turtles from the wild for brood stock. The commissioner shall issue a permit to the licensee to take from the wild, by use of commercial gear, up to 40 turtles of each species requested if:

A.

the turtles or gravid turtles are not available for purchase;

B.

the licensee does not have a turtle seller's license;

C.

the commissioner determines that wild populations of the requested species can sustain the harvest; and

D.

a permit to harvest turtle brood stock from the wild has not been issued to the licensee for the species requested in the last three years.

Game and fish laws and rules relating to daily limits, seasons, and methods apply to the taking of turtles pursuant to a permit issued under this subpart.

Subp. 6.

Containment.

The turtle propagation facility must be an artificial pond, or other artificial containment structure, that has a system to prevent the escape of turtles into the wild. The commissioner shall conduct an inspection of the facility prior to licensing to determine compliance with this subpart.

Subp. 7.

Disposal.

Disposal of live turtles, turtle offspring, viable eggs, carcasses, and eggs that did not hatch must be in compliance with other state and federal laws that regulate such disposal.

Subp. 8.

Inspection and enforcement.

Inspection of the facility and enforcement of this part shall be conducted according to Minnesota Statutes, section 17.4984, subdivision 6.

Subp. 9.

Record keeping.

Record keeping for the propagation of turtles must comply with Minnesota Statutes, section 17.4984, subdivision 7.

Statutory Authority:

MS s 17.4997

History:

28 SR 629

Published Electronically:

June 11, 2008