SB 537

Aquaculture

Use of natural bodies of water

Under current law, a person may not use a natural body of water as a fish farm

unless the water body is a freeze-out pond or preexisting fish rearing facility and

unless the Department of Natural Resources (DNR) issues person a permit (natural

water body permit). The person and the water body must also meet certain

additional conditions. One of those conditions requires DNR to determine that no

substantial public interest exists in the body of water and that no public or private

rights in the body of water will be damaged (interest and rights determination). This

bill provides that the requirement to obtain a natural water body permit, the

requirement that the water body be a freeze-out pond or preexisting fish rearing

facility, and the requirement that DNR make an interest and rights determination

do not apply to a person seeking to use a natural body of water as a fish farm if the

person has been issued a permit with respect to that body of water that authorizes

the person to change the course of or straighten a stream, to enlarge a waterway, or

to construct a dam.

Generally, under current law, DNR must renew a natural water body permit

unless DNR finds that there has been a substantial change in circumstances related

to DNR's interest and rights determination. This bill provides that a natural water

body permit, once issued, does not expire unless DNR makes such a finding.

This bill also prohibits DNR from promulgating rules that require DNR, before

it issues a natural water body permit, to hold a hearing or provide notice that it will

not hold a hearing. In addition, the bill requires DNR to post notice of every

application for a natural water body permit on DNR's Internet Web site.

Wastewater discharge permits

Current law generally prohibits a person from discharging pollutants into the

surface water or groundwater without a wastewater discharge permit from DNR.

The law requires persons required to have permits, other than persons who operate

livestock farms, to pay an annual wastewater discharge fee based in part on the

amount of pollutants discharged. The fees are deposited into the general fund.

This bill exempts persons who operate fish farms from the wastewater

discharge fee.

The bill also requires DNR to include, in wastewater discharge permits for fish

farms that produce more than 100,000 pounds of fish per year, requirements that are

based on, and are not more stringent than, requirements in a specified regulation of

the federal Environmental Protection Agency applicable to those fish farms.

Record-keeping

Current law requires a person who operates a fish farm to keep records on

purchases, sales, and production of fish and fish eggs and any other records required

by the Department of Agriculture, Trade and Consumer Protection (DATCP).