1.1.................... moves to amend H.F. No. 2171, the delete everything amendment
1.2(A12-0700) as follows:
1.3Page 1, delete sections 1 and 2
1.4Page 4, delete section 3
1.5Page 34, delete section 74 and insert:
1.6 "Sec. 74. Minnesota Statutes 2010, section 97C.515, subdivision 2, is amended to read:
1.7 Subd. 2.
Permit for transportation. (a) A person may transport
live minnows
1.8through the state with a permit from the commissioner. The permit must state the name
1.9and address of the person, the number and species of minnows, the point of entry into the
1.10state, the destination, and the route through the state. The permit is not valid for more
1.11than 12 hours after it is issued.
1.12(b) Minnows transported under this subdivision must be in a tagged container. The
1.13tag number must correspond with tag numbers listed on the minnow transportation permit.
1.14(b) (c) The commissioner may require the person transporting minnow species found
1.15on the official list of viral hemorrhagic septicemia susceptible species published by the
1.16United States Department of Agriculture, Animal and Plant Health Inspection Services, to
1.17provide health certification for viral hemorrhagic septicemia
or other certifiable diseases.
1.18For certifiable diseases not currently documented in Minnesota, The certification
must
1.19disclose any incidentally isolated replicating viruses, and must be dated within the 12
1.20months preceding transport."
1.21Page 34, delete section 75 and insert:
1.22 "Sec. 75. Minnesota Statutes 2010, section 97C.515, subdivision 4, is amended to read:
1.23 Subd. 4.
Private fish hatchery or aquatic farm. (a) A person with a private fish
1.24hatchery or aquatic farm license may transport minnows with a transportation permit from
1.25contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
1.26used for processing or feeding hatchery fish.
2.1(b) The commissioner may require inspection of minnows and disease certification
2.2for species on the official list of viral hemorrhagic septicemia susceptible species
2.3published by the United States Department of Agriculture, Animal and Plant Health
2.4Inspection Services, that are being transported from outside the state.
2.5(c) The commissioner may approve the import of minnows into areas or waters
2.6where certifiable diseases have been identified as being present.
2.7Live minnows used for feeding fish at a licensed private fish hatchery or aquatic
2.8farm must be obtained within the state. Dead minnows may be imported for feeding of
2.9hatchery or aquatic farm fish according to section 97C.341, paragraph (d).
2.10 Sec. 76. Minnesota Statutes 2010, section 97C.515, subdivision 5, is amended to read:
2.11 Subd. 5.
Special permits. (a) The commissioner may issue a special permit, without
2.12a fee, to allow a person with a private fish hatchery license
that has been designated as a
2.13containment facility under section 17.4982, subdivision 8 to import
live minnows from
2.14other states for export.
A permit under this subdivision is not required for importation
2.15authorized under subdivision 4. A containment facility for the purposes of this section
2.16applies to live minnows imported for later export. The containment facility does not
2.17need to comply with clause 4 of section 17.4982, subdivision 8. The permit shall include
2.18conditions necessary to avoid spreading aquatic invasive species and fish pathogens.
2.19Permits shall not be issued to containment facilities located within a 25-year floodplain.
2.20(b) (b) Transport under this subdivision must occur in a container that has been
2.21tagged upon entering the state, and leaving the approved facility. Tag numbers must be
2.22listed on both the bill of lading used for transport and on the records required in paragraph
2.23(e). Water used for transport must be ground or well water, not surface water. The
2.24permittee must notify DNR enforcement at least 12 hours prior to exercising an import for
2.25later export permit. The following paperwork must accompany the shipment:
2.26(1) 1.valid import for later export permit; and
2.27(2) valid fish health certification from the source waterbody showing no record of
2.28viral hemorrhagic septicemia, or any other isolated replicating virus, for species on the
2.29official list of viral hemorrhagic septicemia susceptible species published by the United
2.30States Department of Agriculture, Animal and Plant Health Inspection Services.
2.31(c) Live minnows imported under this subdivision may only be approved for holding
2.32in indoor tanks, raceways, or rearing troughs listed on a private fish hatchery license in
2.33accordance with section 17.4984, subdivision 2, which do not effluent directly into waters
2.34of the state, and may not be sold live within the State of Minnesota. Imported minnows
2.35must be kept separate from minnows originating in Minnesota.
3.1(b) (d) An applicant for a permit under this subdivision shall submit to the
3.2commissioner sufficient information to identify potential threats to native plant and animal
3.3species and an evaluation of the feasibility of the proposal. The permit may include
3.4reasonable restrictions on importation, transportation, possession, containment, disease
3.5certification, and disposal of minnows to ensure that native species are protected. The
3.6permit may have a term of up to two years and may be modified, suspended, or revoked by
3.7the commissioner for cause, including violation of a condition of the permit.
3.8(e) A commercial licensee importing live minnows under this subdivision must
3.9maintain records on forms provided by the commissioner for each load of minnows
3.10imported and later exported. The records must include the number and species of minnows
3.11imported and subsequently exported, the dates of import and export, and other information
3.12as specified on the reporting form. The commercial licensee must enter required records
3.13onto forms within 24 hours of import and export, and must retain records for three years
3.14following the year of creation. All records required to be retained must be open to
3.15inspection by the commissioner at any reasonable time. Copies of the records shall be
3.16submitted to the commissioner each month even if no live minnow import or export
3.17activity took place.
3.18(f) The premises, property, vehicles, private aquatic life, and equipment as part of
3.19a containment facility permitted under this subdivision are subject to reasonable and
3.20necessary inspections at reasonable times by a person delegated by the commissioner. The
3.21owner, operator, or designee may be present when inspections are conducted. During the
3.22inspection a representative sample of imported minnows may be collected for the purpose
3.23of fish pathogen or invasive species screening.
3.24(g) The commissioner may require the applicant to furnish evidence of financial
3.25responsibility in the form of a surety bond or other financial assurance payable to
3.26the commissioner in the amount of $1,000,000 should the permittee be convicted of
3.27introducing an invasive species or pathogen into waters of the state."
3.28Page 37, line 13, before "
97A.015" insert "
17.4993, subdivision 2;"
3.29Renumber the sections in sequence and correct the internal references
3.30Amend the title accordingly