Subdivision 1. Acquisition and purchase. Game fish sperm, viable game fish eggs, or live game fish may not be taken from public waters for aquaculture purposes, but may be purchased from the state or acquired from aquatic farms.
Subd. 2. Restriction on the sale of fish. (a) Except as provided in paragraph (b), species on the VHS-susceptible-species list must be free of viral hemorrhagic septicemia and species of the family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases if sold for stocking or transfer to another aquatic farm.
(b) The following exceptions apply to paragraph (a):
(1) eggs with enteric redmouth, whirling disease, or furunculosis may be transferred between licensed facilities or stocked following treatment approved by the commissioner;
(2) fish with bacterial kidney disease or viral hemorrhagic septicemia may be transferred between licensed facilities or stocked in areas where the disease has been identified as being present; and
(3) the commissioner may allow transfer between licensed facilities or stocking of fish with enteric redmouth or furunculosis when the commissioner determines that doing so would pose no threat to the state's aquatic resources.
Subd. 3. Acquisition of fish for brood stock. (a) Game 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 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.
Subd. 4. Sale of eggs by the state. The commissioner may offer for sale or barter as eggs or fry from the department's annual game fish egg harvest.
Subd. 5. Purchase of eggs dependent upon facility. Licensees may purchase game fish eggs or fry from the state at a rate based on the capacity of their facility to hatch and rear fish. Licensees may purchase walleye at a rate of no more than one-half quart of eggs or 5,000 fry for each acre or fraction of licensed surface water. This limitation may be waived if an aquatic farm is an intensive culture facility. The allowable purchase of trout or salmon eggs must be based on the capacity of rearing tanks and flow of water through the aquatic farm facility.
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.
1992 c 566 s 10; 1993 c 226 s 13; 1996 c 410 s 16,17; 2000 c 331 s 4; 2008 c 307 s 8; 1Sp2011 c 2 art 5 s 9; 1Sp2021 c 6 art 2 s 14
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.