SF4247 (Legislative Session 94 (2025-2026))
Transfer aquaculture duties to commissioner of agriculture
Related bill: HF3584
AI Generated Summary
Purpose
- This bill reorganizes how aquaculture is regulated in Minnesota. It transfers most duties for regulating aquatic farms and private aquatic life from the Department of Natural Resources (DNR) to the Department of Agriculture (Agriculture), and it updates related rules and funding. It also recodifies how private fish hatcheries are managed and sets up new funding and enforcement arrangements. The bill aims to protect public waters, prevent the spread of nonnative species and diseases, support sustainable aquaculture, and ensure private aquatic life is handled properly.
Key Provisions
Licensing and regulation of aquatic farms
- Aquatic farms must be licensed and classified to prevent impacts on natural resources. Private aquatic life legally acquired is considered an article of interstate commerce and may be restricted only as needed to protect state resources.
- The licensing system is designed to be self-supporting through fees.
- Best management practices must be developed to ensure long-term sustainability of aquaculture and wetlands used for aquaculture (including manmade ponds).
Transfer of duties and authority
- Most administration and enforcement duties for aquaculture are moved from the DNR to Agriculture. The bill also clarifies remaining authority for natural resources in certain areas.
- The revisor will renumber related statutes to align with the new structure.
Fees and funding
- The commissioner (the Agriculture secretary) will set license and related fees to support licensing and enforcement.
- Fees can be set by written order and are not subject to some standard rulemaking processes.
- An aquaculture fund/account is created in the agricultural fund. Money from qualified activities goes into this aquaculture account to support administration of aquaculture sections.
Inspections and enforcement
- Premises, vehicles, private aquatic life, and equipment used in aquatic farming can be inspected by conservation officers with written notice of the reason for inspection.
- The owner, operator, or designee may be present during inspections.
- Conservation officers may enforce aquaculture provisions.
Fish health, testing, and certificates
- Farms propagating salmonids, catfish, or other species on the VHS-susceptible list with effluent discharges must have annual fish health inspections by a certified fish health inspector, using recognized testing standards (Fish Health Blue Book or OIE Diagnostic Manual).
- The commissioner can approve alternative testing methods or timing if biosecurity is not compromised; these alternatives are not subject to certain rulemakings.
- Test results must be provided to the commissioner; data must be kept for three years.
- Fees for health inspections are charged per lot, and certificates are issued after payment and review.
- Inspections may occur at transfer sites and may include collecting samples.
Transportation, stocking, and stock management
- Intrastate transport of aquatic life (with certain exceptions) requires a state-issued bill of lading when moving fish between licensed facilities or stocking waters that aren’t public waters, with specific rules for cross-area moves and source locations (including considerations for walleyes north of a certain highway and out-of-state sources).
- Copies of the bill of lading must be submitted to regional fisheries managers at specified times (before transport, or within certain days after stocking, depending on the waters).
- Bill of lading forms are issued only by the appropriate department office, and new forms won’t be issued until all issued forms are returned.
- Walleyes may face stocking restrictions north of marked State Highway 210 without the commissioner’s approval.
Brood stock and eggs
- The state may sell brood stock (game fish, native rough fish) to private hatcheries or aquaculture operations at fair wholesale value, with limited annual allocations (up to 20 pairs of adults per species every three years, if available).
- If brood stock isn’t available by the deadline, licensees may get a permit to take up to 20 pairs by angling, following game and fish laws and permit terms.
Sale of eggs and fry
- The state may offer for sale or barter eggs or fry from the state’s annual game fish egg harvest.
Stocking restrictions and pricing
- Walleyes north of Highway 210 require approval to be stocked in waters north of that highway.
- The commissioner may sell or barter game fish fry and native rough fish fry or eggs at prices not less than the production costs.
Reporting and rules
- The commissioner may adopt rules consistent with the aquaculture provisions and must notify the Minnesota Aquaculture Commission and the commissioners of Agriculture and Natural Resources before publishing proposed rules.
Repeals and renumbering
- The bill repeals a specific existing subdivision and a related rule, and it directs the revisor to renumber and cross-reference statutes accordingly.
Significant Changes to Existing Law
- Regulatory authority shift: Most authority for administering and enforcing certain aquaculture provisions moves from the DNR to Agriculture, changing who licenses, inspects, and enforces aquaculture activities.
- New funding model: Licensing and enforcement are designed to be self-sustaining through fees, with a new aquaculture account to collect and spend funds for administering these sections.
- Expanded health and transport controls: New or enhanced requirements for fish health inspections, testing methods, and bill of lading procedures for transporting aquatic life, including stricter controls on VHS-susceptible species.
- Stocking and brood stock changes: New rules governing stocking areas (such as walleyes north of a highway) and state roles in providing or permitting brood stock and eggs.
- Recodification and repeal: Recodifies private hatchery provisions and repeals certain old sections and rules, along with renumbering related sections.
Practical Implications
- For aquatic farmers and private hatcheries: A clearer, potentially more centralized system under Agriculture, with new licensing, inspection, health testing, and transport documentation requirements.
- For wild water resources: Stronger safeguards against nonnative species and disease spreading, with formal reporting and testing requirements.
- For state fish programs: A dedicated aquaculture fund to support ongoing administration and enforcement, plus changes in how brood stock and eggs are shared or sold.
Relevant Terms - aquatic farms - private aquatic life - nonindigenous or exotic species - disease pathogens - best management practices (BMPs) - VHS (Viral Hemorrhagic Septicemia) susceptible species - fish health inspector - Fish Health Blue Book - OIE Diagnostic Manual for Aquatic Animal Diseases - bill of lading - intrastate transportation - walleyes north of marked State Highway 210 - regional fisheries manager - containment facility - brood stock - eggs and fry - aquaculture fund / aquaculture account - Game and Fish Fund Aquaculture Account - constraints and enforcement by conservation officers - renumbering and cross-references - Minnesota Aquaculture Commission - self-sustaining licensing and enforcement - rulemaking exemption (not subject to certain rulemaking provisions) - transfer of duties from DNR to Agriculture - repealer of 97C.211 subdivision 5 and related rule 6250.0101
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 09, 2026 | Senate | Action | Introduction and first reading | ||
| March 09, 2026 | Senate | Action | Referred to | Agriculture, Veterans, Broadband, and Rural Development |
Citations
[
{
"analysis": {
"added": [
"Fees for aquaculture licensing and enforcement to be self-sustaining (via section 16A.1285, subdivision 2).",
"Commissioner may establish fees by written order published in the State Register.",
"Fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.",
"Development of best management practices for aquaculture and wetlands used for aquaculture."
],
"removed": [],
"summary": "General conditions for regulation of aquatic farms are amended to add licensing classifications, framework for fees, and requirements to protect resources, with broader mission statements for sections 17.4981–17.4997.",
"modified": [
"Clarifies the overarching purpose of sections 17.4981–17.4997 to prevent public aquatic life from entering aquatic farms, prevent release of nonindigenous or exotic species, protect against disease pathogens, protect existing habitats, and protect private aquatic life."
]
},
"citation": "17.4981",
"subdivision": ""
},
{
"analysis": {
"added": [
"Fee structure supporting licensing and enforcement (as referenced in 17.4981)."
],
"removed": [],
"summary": "Defines that license and other fees for aquaculture licensing/enforcement are established under 16A.1285, subdivision 2 to support self-sustaining operations.",
"modified": []
},
"citation": "16A.1285",
"subdivision": "subd. 2"
},
{
"analysis": {
"added": [
"Written-order authority to establish aquaculture-related fees."
],
"removed": [],
"summary": "Authorizes the commissioner to set required fees by written order, allowing flexibility outside standard rulemaking.",
"modified": []
},
"citation": "16A.1283",
"subdivision": ""
},
{
"analysis": {
"added": [
"Exemption from the rulemaking provisions of chapter 14 for the fees established under this act."
],
"removed": [],
"summary": "Specifies that certain aquaculture-fee rules are exempt from standard rulemaking provisions.",
"modified": []
},
"citation": "14.386",
"subdivision": ""
},
{
"analysis": {
"added": [
"Scope and definitional cross-references establishing applicability to sections 17.4981, 17.4975 to 17.4998."
],
"removed": [],
"summary": "Defines the scope and cross-references for definitions to apply to sections 17.4981 and surrounding provisions.",
"modified": []
},
"citation": "17.4982",
"subdivision": "subd. 1"
},
{
"analysis": {
"added": [
"Definition clarification combining the roles of the commissioner of natural resources and agriculture."
],
"removed": [],
"summary": "Clarifies that 'Commissioner' means the commissioner of natural resources and agriculture.",
"modified": []
},
"citation": "17.4982",
"subdivision": "subd. 7"
},
{
"analysis": {
"added": [
"Inspections of premises, private aquatic life, and equipment by conservation officers with written justification for inspections.",
"Opportunity for owner/operator or designee to be present during inspections."
],
"removed": [],
"summary": "Adds inspection and enforcement provisions for aquatic farms.",
"modified": []
},
"citation": "17.4984",
"subdivision": "subd. 6"
},
{
"analysis": {
"added": [
"State-issued bill of lading required for intrastate transportation of specified aquatic life between licensed facilities under defined conditions.",
"Requirements for shipments involving waters not public waters and specific interstate/origins constraints."
],
"removed": [],
"summary": "Establishes bill of lading requirements for certain aquatic life transport between facilities.",
"modified": []
},
"citation": "17.4985",
"subdivision": "subd. 2"
},
{
"analysis": {
"added": [
"Mandatory fish health inspections at least annually for salmonids, catfish, or VHS-susceptible species with specified testing standards (Fish Health Blue Book or OIE Manual).",
"Commissioner may prescribe alternative testing timelines/methods if biosecurity is preserved, not subject to rulemaking provisions of chapter 14.",
"Inspection results to be provided to the commissioner; data retention/records requirements."
],
"removed": [],
"summary": "Imposes fish health inspection requirements for aquatic farms discharging into public waters.",
"modified": []
},
"citation": "17.4991",
"subdivision": "subd. 3"
},
{
"analysis": {
"added": [
"Game fish brood stock and native rough fish brood stock may be sold to private hatcheries/aquatic farms at fair wholesale value; up to 20 pair per species every three years if available.",
"If brood stock is unavailable by June 1 and a permit to take by angling is requested within 30 days, the commissioner may issue a permit to take up to 20 pairs per species."
],
"removed": [],
"summary": "Governs acquisition of brood stock from state sources.",
"modified": []
},
"citation": "17.4992",
"subdivision": "subd. 3"
},
{
"analysis": {
"added": [
"DNR may offer for sale or barter as eggs or fry from its annual game fish egg harvest."
],
"removed": [],
"summary": "Authorizes sale of eggs by the state.",
"modified": []
},
"citation": "17.4992",
"subdivision": "subd. 4"
},
{
"analysis": {
"added": [
"Walleyes from outside the area north of marked State Highway 210 may not be stocked in waters north of State Highway 210 without CN resource commissioner approval."
],
"removed": [],
"summary": "Restricts stocking of walleyes north of a defined landmark (State Highway 210).",
"modified": []
},
"citation": "17.4992",
"subdivision": "subd. 6"
},
{
"analysis": {
"added": [
"Authority for the CN to sell or barter game fish fry and native rough fish eggs at not less than production cost."
],
"removed": [],
"summary": "Adds a price provision for game fish fry and eggs.",
"modified": []
},
"citation": "17.4992",
"subdivision": "subd. 7"
},
{
"analysis": {
"added": [
"Establishes Aquaculture Account in the Agricultural Fund; directs money to the commissioner of agriculture to administer sections 17.4975–17.4997; deposits and credits to Game and Fish Fund Aquaculture Account."
],
"removed": [],
"summary": "Creates the Aquaculture account within the Game and Fish Fund and allocates receipts.",
"modified": []
},
"citation": "17.4995",
"subdivision": ""
},
{
"analysis": {
"added": [
"Rulemaking authority aligning with sections 17.4981–17.4996; notification to Minnesota Aquaculture Commission and Commissioner of Agriculture/Natural Resources prior to proposed rule publication."
],
"removed": [],
"summary": "Authorizes the commissioner to adopt rules consistent with specified sections.",
"modified": []
},
"citation": "17.4997",
"subdivision": ""
},
{
"analysis": {
"added": [
"Transfer of duties from DNR to Agriculture for aquaculture administration/enforcement."
],
"removed": [],
"summary": "Transfers duties related to aquaculture administration/enforcement from the Department of Natural Resources to the Department of Agriculture for sections 97C.211(1-4,6).",
"modified": []
},
"citation": "97C.211",
"subdivision": "subd. 1-4 and 6"
},
{
"analysis": {
"added": [],
"removed": [
"Repeal of Minnesota Statutes 2024 section 97C.211 subdivision 5."
],
"summary": "Repeals a portion of the statute (subd. 5).",
"modified": []
},
"citation": "97C.211",
"subdivision": "subd. 5"
},
{
"analysis": {
"added": [
"Renumbering directive to align aquaculture provisions under new section 17.4975."
],
"removed": [],
"summary": "Revisor instruction to renumber 97C.211(1-4,6) to 17.4975(1-6).",
"modified": []
},
"citation": "17.4975",
"subdivision": "subd. 1-6"
},
{
"analysis": {
"added": [
"Reference to Minnesota Statutes section 15.039 regarding transfer of personnel."
],
"removed": [],
"summary": "Gives cross-references to transfer of personnel under section 15.039; related to subsection 7.",
"modified": []
},
"citation": "15.039",
"subdivision": ""
},
{
"analysis": {
"added": [
"Subdivision 7 as an exception to the transfer of personnel."
],
"removed": [],
"summary": "Exceptions to the transfer timeline for personnel under the broader transfer plan.",
"modified": []
},
"citation": "15.039",
"subdivision": "subd. 7"
},
{
"analysis": {
"added": [
"Reference to enforcement authority under 97A.205."
],
"removed": [],
"summary": "Authority referenced for enforcement actions under 97A.205 related to enforcement of aquatic farm provisions.",
"modified": []
},
"citation": "97A.205",
"subdivision": ""
}
]Progress through the legislative process
In Committee