Aquaculture duties transferred to commissioner of agriculture, commissioner of natural resources authority clarified, private fish hatcheries recodified, and money appropriated.

A bill for an act

relating to agriculture; transferring aquaculture duties to commissioner of

agriculture; clarifying authority of commissioner of natural resources; recodifying

private fish hatcheries; appropriating money; amending Minnesota Statutes 2024,

sections 17.4981; 17.4982, subdivisions 1, 7; 17.4984, subdivision 6; 17.4985,

subdivision 2; 17.4991, subdivision 3; 17.4992, subdivisions 3, 4, 6, by adding a

subdivision; 17.4995; 17.4997; repealing Minnesota Statutes 2024, section 97C.211,

subdivision 5; Minnesota Rules, part 6250.0101.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 17.4981, is amended to read:

17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.

(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life is not

wildlife. Aquatic farms must be licensed and given classifications to prevent or minimize

impacts on natural resources. The purpose of sections
17.4981
to
17.4997
is to:

(1) prevent public aquatic life from entering an aquatic farm;

(2) prevent release of nonindigenous or exotic species into public waters without approval

of the commissioner;

(3) protect against release of disease pathogens to public waters;

(4) protect existing natural aquatic habitats and the wildlife dependent on them; and

(5) protect private aquatic life from unauthorized taking or harvest.

(b) Private aquatic life that is legally acquired and possessed is an article of interstate

commerce and may be restricted only as necessary to protect state fish and water resources.

(c) The commissioner
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of natural resources
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shall establish license and other fees as

provided in section
16A.1285, subdivision 2
, that would make aquaculture licensing and

enforcement self-sustaining. Notwithstanding section
16A.1283
, the commissioner may,

by written order published in the State Register, establish the fees required by this section.

The fees are not subject to the rulemaking provisions of chapter 14, and section
14.386
does

not apply. The commissioner shall develop best management practices for aquaculture to

ensure the long-term sustainability of aquaculture and wetlands used for aquaculture,

including, but not limited to, fish farming in man-made ponds.

Sec. 2.

Minnesota Statutes 2024, section 17.4982, subdivision 1, is amended to read:

Subdivision 1.

Scope.

The definitions in this section apply to sections
deleted text begin
17.4981
deleted text end
new text begin
17.4975
new text end

to
17.4998
.

Sec. 3.

Minnesota Statutes 2024, section 17.4982, subdivision 7, is amended to read:

Subd. 7.

Commissioner.

"Commissioner" means the commissioner of
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natural resources
deleted text end
new text begin

agriculture
new text end
.

Sec. 4.

Minnesota Statutes 2024, section 17.4984, subdivision 6, is amended to read:

Subd. 6.

Inspections and enforcement.

deleted text begin
(a)
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The premises, property, vehicles, private

aquatic life, and equipment where private aquatic farm operations are being conducted are

subject to reasonable and necessary inspections at reasonable times by
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conservation officers
deleted text end
new text begin

the commissioner
new text end
. The reason for the inspection must be provided in writing. The owner,

operator, or designee may be present when inspections are conducted.

deleted text begin

(b) Conservation officers may enforce sections
17.4981
to
17.4997
under section
97A.205
.

deleted text end

Sec. 5.

Minnesota Statutes 2024, section 17.4985, subdivision 2, is amended to read:

Subd. 2.

Bill of lading.

(a) A state-issued bill of lading is required for:

(1) intrastate transportation of aquatic life other than salmonids, catfish, or species on

the VHS-susceptible-species list between licensed private fish hatcheries, aquatic farms, or

aquarium facilities licensed for the species being transported if the aquatic life is being

transported into a watershed where it is not currently present, if walleyes whose original

source is south of marked State Highway 210 are being transported to a facility north of

marked State Highway 210, or if the original source of the aquatic life is outside Minnesota

and contiguous states; and

(2) stocking waters other than public waters with aquatic life other than salmonids,

catfish, or species on the VHS-susceptible-species list.

(b) When aquatic life is transported under paragraph (a), a copy of the bill of lading

must be submitted to the regional fisheries manager at least 72 hours before the transportation.

(c) For transportation and stocking of waters that are not public waters:

(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before

transporting fish for stocking;

(2) a bill of lading must be submitted to the regional fisheries manager within five days

after stocking if the waters to be stocked are confirmed by telecopy or telephone prior to

stocking by the regional fisheries office not to be public waters; or

(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy

prior to transporting fish for stocking. Confirmation that the waters to be stocked are not

public waters may be made by returning the bill of lading by telecopy or in writing, in which

cases additional copies need not be submitted to the Department of
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Natural Resources
deleted text end
new text begin

Agriculture
new text end
.

(d) Bill of lading forms may only be issued by the Department of
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Natural Resources
deleted text end
new text begin

Agriculture
new text end
in St. Paul, and new bill of lading forms may not be issued until all previously

issued forms have been returned.

Sec. 6.

Minnesota Statutes 2024, section 17.4991, subdivision 3, is amended to read:

Subd. 3.

Fish health inspection.

(a) An aquatic farm propagating salmonids, catfish,

or species on the VHS-susceptible-species list 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 laboratory methods of the Fish Health Blue Book or the Diagnostic Manual for Aquatic

Animal Diseases, published by the International Office of Epizootics (OIE).

(b) An aquatic farm propagating any species on the VHS susceptible list and having an

effluent discharge from the aquatic farm into public waters must test for VHS virus using

the guidelines of the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal

Diseases. The commissioner may, by written order published in the State Register, prescribe

alternative testing time periods and methods from those prescribed in the Fish Health Blue

Book or the OIE Diagnostic Manual if the commissioner determines that biosecurity measures

will not be compromised. These alternatives are not subject to the rulemaking provisions

of chapter 14 and section
14.386
does not apply. The commissioner must provide reasonable

notice to affected parties of any changes in testing requirements.

(c) Results of fish health inspections must be provided to the commissioner for all fish

that remain in the state. All data used to prepare and issue a fish health certificate must be

maintained for three years by the issuing fish health inspector, approved laboratory, or

accredited veterinarian.

(d) 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
deleted text begin
Natural Resources
deleted text end
new text begin
Agriculture
new text end
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.

(e) 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 or the Diagnostic Manual for Aquatic Animal Diseases by a

person certified as a fish health inspector.

(f) 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 or the Diagnostic Manual for Aquatic Animal Diseases.

(g) Salmonids, catfish, or species on the VHS susceptible list 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.

Sec. 7.

Minnesota Statutes 2024, section 17.4992, subdivision 3, is amended to read:

Subd. 3.

Acquisition of fish for brood stock.

(a) Game fish brood stock and native

rough 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
new text begin
of natural resources
new text end
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. 8.

Minnesota Statutes 2024, section 17.4992, subdivision 4, is amended to read:

Subd. 4.

Sale of eggs by the state.

The commissioner
new text begin
of natural resources
new text end
may offer

for sale or barter as eggs or fry from the
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department's
deleted text end
new text begin
Department of Natural Resources'
new text end

annual game fish egg harvest.

Sec. 9.

Minnesota Statutes 2024, section 17.4992, subdivision 6, is amended to read:

Subd. 6.

Stocking walleyes north of marked State Highway 210.

Walleyes from

outside of the area of the state north of marked State Highway 210 may not be stocked in

waters of the state north of marked State Highway 210 without approval by the commissioner
new text begin

of natural resources
new text end
.

Sec. 10.

Minnesota Statutes 2024, section 17.4992, is amended by adding a subdivision

to read:

new text begin

Subd. 7.

new text end

new text begin

Price of game fish fry and eggs.

new text end

new text begin

The commissioner of natural resources may

sell or barter game fish or native rough fish fry or eggs for not less than the cost associated

with the production of fry or eggs.

new text end

Sec. 11.

Minnesota Statutes 2024, section 17.4995, is amended to read:

17.4995
deleted text begin
RECEIPTS TO THE GAME AND FISH FUND
deleted text end
new text begin
AQUACULTURE

ACCOUNT
new text end
.

new text begin

An aquaculture account is established in the agricultural fund. Money in the account,

including interest, is appropriated to the commissioner of agriculture to administer sections

17.4975 to 17.4997.
new text end
Money received by the state under sections
deleted text begin
17.4981
deleted text end
new text begin
17.4975
new text end
to
17.4997

must be deposited in the
deleted text begin
state treasury
deleted text end
new text begin
agricultural fund
new text end
and credited to the
deleted text begin
game and fish

fund
deleted text end
new text begin
aquaculture account
new text end
.

Sec. 12.

Minnesota Statutes 2024, section 17.4997, is amended to read:

17.4997 RULES.

The commissioner may adopt rules that are consistent with sections
17.4981
to
17.4996
.

The commissioner must notify the Minnesota Aquaculture Commission and the commissioner

of
deleted text begin
agriculture
deleted text end
new text begin
natural resources
new text end
prior to publication of the proposed rules.

Sec. 13.
new text begin
TRANSFER OF DUTIES; AQUACULTURE.
new text end

new text begin

(a) Responsibility for administering and enforcing Minnesota Statutes, section 97C.211,

subdivisions 1 to 4 and 6, is, except as provided in paragraph (b), transferred pursuant to

Minnesota Statutes, section 15.039, from the commissioner of natural resources to the

commissioner of agriculture.

new text end

new text begin

(b) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of

personnel will not take place.

new text end

Sec. 14.
new text begin
REVISOR INSTRUCTION.
new text end

new text begin

The revisor of statutes must renumber Minnesota Statutes, section 97C.211, subdivisions

1 to 4 and 6, as section 17.4975, subdivisions 1 to 6. The revisor must make necessary

cross-reference changes consistent with the renumbering.

new text end

Sec. 15.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 97C.211, subdivision 5,

new text end

new text begin

and

new text end

new text begin

Minnesota Rules, part

6250.0101,

new text end

new text begin

are repealed.

new text end

Sec. 16.
new text begin
EFFECTIVE DATE.
new text end

new text begin

This act is effective July 1, 2028.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-06546

97C.211 PRIVATE FISH HATCHERIES.

Subd. 5.

Price of game fish fry and eggs.

The commissioner may sell or barter game fish or native rough fish fry or eggs for not less than the cost associated with the production of eggs or fry.

Repealed Minnesota Rule: 26-06546

6250.0101 PRIVATE FISH HATCHERY OPERATIONS.

Private fish hatcheries are subject to the provisions for aquatic farms in Minnesota Statutes, chapter 17, to the extent they are now and in the future consistent with statutes pertaining specifically to private fish hatcheries.