(a) The commissioner of the Pollution Control Agency, after consultation and cooperation with the commissioners of agriculture and natural resources, shall present proposed rules to the Pollution Control Agency board prescribing water quality permit requirements for aquaculture facilities by May 1, 1992. The rules must consider:
(1) best available proven technology, best management practices, and water treatment practices that prevent and minimize degradation of waters of the state considering economic factors, availability, technical feasibility, effectiveness, and environmental impacts;
(2) classes, types, sizes, and categories of aquaculture facilities;
(3) temporary reversible impacts versus long-term impacts on water quality;
(4) effects on drinking water supplies that cause adverse human health concerns; and
(5) aquaculture therapeutics, which shall be regulated by the Pollution Control Agency.
(b) Net pen aquaculture and other aquaculture facilities with similar effects must submit an annual report to the commissioner of the Pollution Control Agency analyzing changes in water quality trends from previous years, documentation of best management practices, documentation of costs to restore the waters used for aquaculture to the trophic state existing before aquatic farming was initiated, and documentation of financial assurance in an amount adequate to pay for restoration costs. The trophic state, which is the productivity of the waters measured by total phosphorus, dissolved oxygen, algae abundance as chlorophyll-a, and secchi disk depth of light penetration, and the condition of the waters measured by raw drinking water parameters, shall be determined to the extent possible before aquatic farming is initiated. The financial assurance may be a trust fund, letter of credit, escrow account, surety bond, or other financial assurance payable to the commissioner for restoration of the waters if the permittee cannot or will not restore the waters after termination of aquatic farming operations or revocation of the permit.
(c) Information received as part of a permit application or as otherwise requested must be classified according to chapter 13. Information about processes, aquatic farming procedures, feed and therapeutic formulas and rates, and tests on aquatic farming products that have economic value is nonpublic data under chapter 13, if requested by the applicant or permittee.
1991 c 309 s 10; 1999 c 86 art 3 s 4
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 17 — Department Of Agriculture
Section 17.01 — Creation Of Department; Commissioner; Deputy.
Section 17.013 — Delegations Of Powers To Deputy Commissioner.
Section 17.03 — Powers And Duties Of Commissioner.
Section 17.035 — Venison Distribution And Reimbursement.
Section 17.039 — Ethical Guidelines For Farm Advocates.
Section 17.04 — Enforcement Of Food Laws.
Section 17.041 — Agricultural Emergency Account; Appropriation.
Section 17.055 — Emerging Farmers.
Section 17.101 — Promotional Activities.
Section 17.1015 — Promotional Expenditures.
Section 17.1016 — Cooperative Grants.
Section 17.1017 — Good Food Access Program.
Section 17.1018 — Good Food Access Program Advisory Committee.
Section 17.102 — Minnesota Grown Label.
Section 17.107 — Farm Equipment Safety And Maintenance Program For Youth.
Section 17.114 — Sustainable Agriculture.
Section 17.116 — Sustainable Agriculture Demonstration Grants.
Section 17.117 — Agriculture Best Management Practices Loan Program.
Section 17.118 — Livestock Investment Grant Program.
Section 17.1195 — Farm Safety Grant And Outreach Programs.
Section 17.133 — Farm Down Payment Assistance Grants.
Section 17.135 — Farm Disposal Of Solid Waste.
Section 17.345 — Not Determinative For Property Classification.
Section 17.352 — Agricultural Products And Pursuits.
Section 17.353 — Fur Farmer Registration.
Section 17.41 — Grain Defined.
Section 17.445 — Inspections And Services; Fees.
Section 17.452 — Farm-raised Cervidae.
Section 17.457 — Restricted Species.
Section 17.458 — Agroforestry.
Section 17.49 — Aquaculture Program And Promotion.
Section 17.491 — Aquaculture Is Agricultural Pursuit.
Section 17.494 — Aquaculture Permits; Rules.
Section 17.495 — Appeal Procedures.
Section 17.496 — Quarantine Facility; Rules.
Section 17.497 — Exotic Species Importation; Rules.
Section 17.498 — Rules; Financial Assurance.
Section 17.4981 — General Conditions For Regulation Of Aquatic Farms.
Section 17.4982 — Definitions.
Section 17.4983 — Aquatic Farm Operations.
Section 17.4984 — Aquatic Farm License.
Section 17.4985 — Transportation Of Aquatic Life.
Section 17.4986 — Importation Of Aquatic Life.
Section 17.4987 — Stocking Private Aquatic Life.
Section 17.4988 — License And Inspection Fees.
Section 17.4989 — Fish Sample Collecting.
Section 17.499 — Transportation Or Importation Of Saltwater Aquatic Life; Quarantine Requirement.
Section 17.4991 — Disease Transmission.
Section 17.4994 — Sucker Eggs.
Section 17.4995 — Receipts To The Game And Fish Fund.
Section 17.4996 — White Earth Indian Reservation.
Section 17.4998 — Violations; Penalty.
Section 17.4999 — Storage, Handling, And Disposal Of Fish Manure.
Section 17.51 — Citation; Agricultural Commodities Promotion Act.
Section 17.56 — Council To Formulate And Submit Promotional Order.
Section 17.57 — Additional Powers And Duties Of Council.
Section 17.58 — Powers And Duties Of Commissioner.
Section 17.59 — Fees To Defray Expenses.
Section 17.60 — Compensation And Expenses.
Section 17.61 — Legal Counsel.
Section 17.62 — Council Records.
Section 17.63 — Refund Of Fees.
Section 17.64 — Termination Of Order.
Section 17.66 — Permitted Activities.
Section 17.67 — Penalty For Violations.
Section 17.69 — Nonliability Of State.
Section 17.692 — Declaration Of Policy.
Section 17.694 — Accreditation.
Section 17.695 — Marketing And Bargaining Committee.
Section 17.696 — Unfair Practices Of Handlers And Associations.
Section 17.697 — Informational Exchanges; Dispute Resolution.
Section 17.698 — Factors To Be Considered In Mediation And Arbitration.
Section 17.70 — Violation Procedure.
Section 17.702 — Negotiation Classes Required.
Section 17.710 — Agricultural Production Contracts.
Section 17.80 — State Agricultural Land Preservation And Conservation Policy.
Section 17.82 — Prohibited Agency Action.
Section 17.84 — Duties Of Commissioner.
Section 17.844 — Livestock Production Policy.
Section 17.85 — Laboratory Services.
Section 17.86 — Urban Forest Promotion And Development.
Section 17.861 — Replacement Of Mercury Manometers.
Section 17.91 — Required Language.
Section 17.92 — Recapture Of Capital Investment Required By An Agricultural Contract.
Section 17.93 — Parent Company Responsibility For Contracts Of Subsidiaries.
Section 17.94 — Implied Promise Of Good Faith.
Section 17.941 — Producer's Right To Cancel.
Section 17.942 — Cover Sheet Requirements.
Section 17.943 — Contract Format.
Section 17.944 — Review By Commissioner.
Section 17.9441 — Limits On Remedies.
Section 17.9442 — Applicability Of Contract Requirements.
Section 17.9443 — Waiver Of Contract Provisions Is Void.
Section 17.95 — Department Of Agriculture Ombudsman.
Section 17.97 — Agricultural Input Prepayments.
Section 17.98 — Dairy Marketing Contracts Excepted.
Section 17.982 — Criminal And Administrative Penalties.
Section 17.983 — Administrative Penalties And Enforcement.
Section 17.984 — Investigation.
Section 17.985 — Passing On The Farm Center.
Section 17.986 — Entry Into Farm Animal Facilities.
Section 17.9892 — Definitions.
Section 17.9893 — Certification Instrument.
Section 17.9894 — Certifying Agent License.
Section 17.9895 — Duties Of A Certifying Agent.
Section 17.9896 — Certification Procedures.