Purpose

• To change how Minnesota handles importing, stocking, and transferring fish eggs and private aquatic life in aquaculture, with a focus on reducing the spread of aquatic diseases. The bill updates permit rules, disease-free certifications, and restrictions on sales and releases to better protect public waters and licensed facilities.

Main provisions

• Transportation and import permits (Section 1)

  • The commissioner must issue transportation permits to import indigenous and naturalized fish species, with certain exceptions (trout, salmon, catfish, or species on the VHS-susceptible list).
  • Imports from a nonemergency enzootic disease area to a containment facility are allowed if the fish were certified free of certifiable diseases in the previous year.
  • Eggs and fish from sources testing positive for certain diseases may be imported after approved treatment.
  • Some disease pathogens may allow import into areas where the pathogen is present, under specified conditions.
  • For fertilized eggs, the required disease-free history depends on destination type:
  • Standard facility: at least 5 years disease-free history.
  • Containment facility: at least 3 years disease-free history.
  • Quarantine facility: history can be less than 3 years.
  • If a source in a nonemergency area cannot demonstrate a disease-free history, aquatic life may only be imported into a quarantine facility.

• Emergency enzootic disease area rules (Section 2)

  • Eggs with enteric redmouth disease or furunculosis may be imported after treatment.
  • Fish with bacterial kidney disease (BKD) or VHS may be imported into areas where the disease has been previously introduced.
  • Fertilized eggs have disease-free history requirements:
  • Standard facility: at least 5 years.
  • Containment facility: at least 3 years.
  • Quarantine facility: less than 3 years allowed.
  • Eggs from sources testing positive for certain diseases may be imported after treatment.

• Stocking private aquatic life (Section 3)

  • A person may not release private aquatic life into public waters that are not licensed as part of an aquatic farm without a transportation permit.
  • The commissioner can deny a permit if the release would not align with the management plan for the public waters.
  • The commissioner can approve import, transport, and stocking of fish with BKD or VHS or eggs from disease-positive sources into areas where the pathogen is present.
  • Management plans must be made available to the public.
  • If a permit is denied, the commissioner must provide written reasons.

• Restrictions on sale and transfer (Section 4)

  • Species on the VHS-susceptible list must be free of VHS and, with some exceptions, must be free of certifiable diseases if sold for stocking or transfer to another aquatic farm.
  • Exceptions allow:
  • Eggs with enteric redmouth or furunculosis from sources testing positive for certain diseases to be transferred between licensed facilities or stocked after treatment.
  • Fish with BKD or VHS or eggs from sources testing positive for Renibacterium salmoninarum to be transferred between licensed facilities or stocked in areas where the pathogen is present.
  • The commissioner may allow transfers between licensed facilities or stocking of fish with ERM or furunculosis from facilities testing positive for Yersinia ruckeri or Aeromonas salmonicida if this poses no threat to Minnesota’s aquatic resources.

Significant changes to existing law

• Establishes a more nuanced system of disease-area classifications (nonemergency vs. emergency enzootic disease areas) and ties permit eligibility to disease-free history requirements.
• Adds explicit authorizations and conditions for importing eggs and fertilized eggs with certain diseases after treatment.
• Strengthens conditions for releasing private aquatic life into public waters, tying releases to management plans and permit conditions.
• Introduces stricter sale/transfer requirements for species on the VHS-susceptible list and related pathogens, with defined exceptions for disease-positive sources under controlled conditions.
• Increases transparency by requiring management plans to be publicly available and mandates written explanations for permit denials.

How the changes affect people and operations

• Aquaculture facilities must track and certify disease-free histories of eggs and stock and may face longer compliance timelines for standard facilities.
• Private individuals releasing aquatic life into public waters face new permitting requirements and potential denial if not aligned with management plans.
• Licensed facilities may engage in transfers and stocking with some disease-positive sources, but only under strict conditions and after treatment, depending on the disease and area risk.

Relevant terms

• transportation permits
• import
• stocking
• fish eggs
• aquatic farm
• indigenous species
• naturalized species
• trout
• salmon
• catfish
• VHS-susceptible species
• VHS (viral hemorrhagic septicemia)
• nonemergency enzootic disease area
• emergency enzootic disease area
• standard facility
• containment facility
• quarantine facility
• enteric redmouth
• whirling disease
• furunculosis
• Yersinia ruckeri
• Myxobolus cerebralis
• Tetracapsuloides bryosalmonae
• Aeromonas salmonicida
• Renibacterium salmoninarum
• bacterial kidney disease (BKD)
• management plan
• public waters
• private aquatic life
• release permit
• denial in writing
• sale restrictions
• stocking or transfer
• licensed facilities
• treatment approved by the commissioner