1.1    .................... moves to amend H.F. No. 1188 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 17.4981, is amended to read:
1.417.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC
1.5FARMS.
1.6    (a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life
1.7is not wildlife. Aquatic farms must be licensed and given classifications to prevent or
1.8minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
1.9    (1) prevent public aquatic life from entering an aquatic farm;
1.10    (2) prevent release of nonindigenous or exotic species into public waters without
1.11approval of the commissioner;
1.12    (3) protect against release of disease pathogens to public waters;
1.13    (4) protect existing natural aquatic habitats and the wildlife dependent on them; and
1.14    (5) protect private aquatic life from unauthorized taking or harvest.
1.15    (b) Private aquatic life that is legally acquired and possessed is an article of interstate
1.16commerce and may be restricted only as necessary to protect state fish and water resources.
1.17    (c) The commissioner of natural resources shall report to the legislature, in
1.18odd-numbered years, the proposed license and other fees that would make aquaculture
1.19self-sustaining, including costs of necessary studies related to aquaculture. The
1.20commissioner shall encourage fish farming in man-made ponds and propose to the
1.21legislature, in odd-numbered years, steps to reach the goal of all aquaculture being
1.22conducted in man-made ponds.

1.23    Sec. 2. Minnesota Statutes 2007 Supplement, section 17.4984, subdivision 1, is
1.24amended to read:
1.25    Subdivision 1. License required. (a) A person or entity may not operate an aquatic
1.26farm without first obtaining an aquatic farm license from the commissioner.
2.1    (b) Applications for an aquatic farm license must be made on forms provided by
2.2the commissioner.
2.3    (c) The person or entity requesting a license renewal for an aquatic farm in natural
2.4waters of the state must submit for each body of water a management plan that is designed
2.5to ensure that the ecological value for that natural water for supporting waterfowl and
2.6other native aquatic wildlife will be restored to its original condition.
2.7    (d) If a natural water body has more than one shoreline owner, the person or entity
2.8requesting a license or license renewal must fully disclose in writing plans for the body of
2.9water to each shoreline owner, obtain written permission from each owner, and submit a
2.10copy of each permission to the commissioner. The commissioner shall not take riparian
2.11rights from shoreland owners without their written permission according to this paragraph.
2.12The commissioner shall not issue or renew a license unless the written permissions
2.13required under this paragraph are received.
2.14    (e) Before issuing a license renewal, the commissioner must determine that the
2.15implementation of the management plan under paragraph (c) will ensure that the
2.16ecological value of the natural water will be restored.
2.17    (f) Before issuing a new license under this section for any natural water body, the
2.18commissioner must determine that the license will maintain the natural water body's
2.19original ecological value for supporting waterfowl and other native aquatic wildlife. The
2.20commissioner shall give preference to applications that request to operate an aquatic farm
2.21in a self-contained body of water in which freezing or anoxic conditions prevent the body
2.22of water from naturally sustaining a fish population at least three of every five years. The
2.23commissioner shall not issue a new license for an aquatic farm operation on a natural
2.24water body that was not used for aquatic farming prior to the effective date of this section.
2.25    (g) Licenses are valid for five years and are transferable upon notification to the
2.26commissioner. A license is valid for no more than one natural water body.
2.27    (d) (h) The commissioner shall issue an aquatic farm license on payment of the
2.28required license fee under section 17.4988 and compliance with this section.
2.29    (e) (i) A license issued by the commissioner is not a determination of private
2.30property rights, but is only based on a determination that the licensee does not have a
2.31significant detrimental impact on the public resource.
2.32    (f) (j) By January 15, 2008, the commissioner shall report to the senate and
2.33house of representatives committees on natural resource policy and finance on policy
2.34recommendations regarding aquaculture.
2.35    (k) The commissioner shall not issue or renew a license to raise minnows in a natural
2.36water body if the natural water body is the subject of a protective easement or other
3.1interest in land that was acquired with funding from federal waterfowl stamp proceeds
3.2or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the
3.3natural water body was the subject of any other development, restoration, maintenance, or
3.4preservation project funded under section 97A.075, subdivision 2.
3.5    (l) Paragraphs (c) to (f) do not apply to a natural water body that is owned in its
3.6entirety by the applicant for a license or license renewal.
3.7    (m) Notwithstanding any provision of this subdivision to the contrary, the
3.8commissioner may issue licenses or license renewals to ensure the availability of bait
3.9minnows for use in Minnesota only and may allow use of natural water bodies by the
3.10Department of Natural Resources to ensure the availability of fish necessary for stocking
3.11by the department in Minnesota lakes.
3.12EFFECTIVE DATE.This section is effective the day following final enactment.

3.13    Sec. 3. WATERS RESTORATION; PHASE-IN.
3.14    The commissioner of natural resources shall, over the next five years, restore natural
3.15waters that have been degraded by aquatic farm operations and that have been taken out
3.16of production as aquatic farms as a result of section 2."
3.17Delete the title and insert:
3.19relating to natural resources; providing for protection of ecological value and
3.20riparian rights in issuing aquatic farm licenses; requiring restoration of certain
3.21waters; requiring reports;amending Minnesota Statutes 2006, section 17.4981;
3.22Minnesota Statutes 2007 Supplement, section 17.4984, subdivision 1."