SF4247

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