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    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 17.4982, 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 a fish health
inspection conducted at least once every 12 months 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.
(e) Salmonids and catfish must have a fish health inspection before being transported from
a containment facility, unless the fish are being transported directly to an outlet for processing
or other food purposes or unless the commissioner determines that an inspection is not needed.
A fish health inspection conducted for this purpose need only be done on the lot or lots of fish
that will be transported. The commissioner must conduct a fish health inspection requested for
this purpose within five working days of receiving written notice. Salmonids and catfish may be
immediately transported from a containment facility to another containment facility once a sample
has been obtained for a health inspection or once the five-day notice period has expired.
    Subd. 4. Emergency disease determination. If emergency diseases exist, the commissioner
may order the aquatic life in the facility to be impounded, confiscated, sold, or destroyed and
the facility disinfected. The commissioner shall make every effort to allow disposed aquatic life
to be sold for market if there is no imminent danger of a significant adverse impact on natural
fish populations or of escape of the pathogen to public waters.
    Subd. 5. Aquaculture therapeutics registration. (a) Aquaculture therapeutics must be
registered and labeled in accordance with rules adopted by the commissioner of agriculture
relating to drugs and feed additives.
(b) The Department of Agriculture may not require registration of those aquaculture
therapeutics designated as low regulatory priority by the United States Food and Drug
History: 1992 c 566 s 9; 1993 c 226 s 10-12; 1996 c 410 s 15

Official Publication of the State of Minnesota
Revisor of Statutes