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Aquaculture Law in the North Central States Technical Bulletin Series

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Aquaculture Law in the North Central States Technical Bulletin Series Aquaculture Law in the North Central States: A Digest of State Statutes Pertaining to the Production and Marketing of Aquacultural Products by Susan K. Thomas and Robin M. Sullivan, Graduate Research Associates and Robert L. Vertrees and Donald W. Floyd, Assistant Professors School of Natural Resources The Ohio State University Columbus, OH Technical Bulletin Series #101 Funding has been provided through United States Department of Agriculture Grant #88-38500-3885 C o n t e n t s Introduction ................................................................................................. 3 Illinois statutes ........................................................................................................... 5 index ............................................................................................................... 8 Indiana statutes ........................................................................................................... 9 index ............................................................................................................. 12 Iowa statutes ......................................................................................................... 13 index ............................................................................................................. 16 Kansas statutes ......................................................................................................... 17 index ............................................................................................................. 19 Michigan statutes ......................................................................................................... 20 index ............................................................................................................. 24 Minnesota statutes ......................................................................................................... 25 index ............................................................................................................. 30 Missouri statutes ......................................................................................................... 32 index ............................................................................................................. 34 Nebraska statutes ......................................................................................................... 35 index ............................................................................................................. 39 North Dakota statutes ......................................................................................................... 40 index ............................................................................................................. 42 Ohio statutes ......................................................................................................... 43 index ............................................................................................................. 48 South Dakota statutes ......................................................................................................... 50 index ............................................................................................................. 53 Wisconsin statutes ......................................................................................................... 55 index ............................................................................................................. 61 Bibliography ...............................................................................................63 Directory of State Government Agencies ...............................................65 Illinois ............................................................................................................ 65 Indiana ......................................................................................................... 66 Iowa ............................................................................................................. 67 Kansas .......................................................................................................... 68 Michigan ...................................................................................................... 69 Minnesota .................................................................................................... 70 Missouri ......................................................................................................... 71 Nebraska ..................................................................................................... 72 North Dakota............................................................................................... 73 Ohio .............................................................................................................. 74 South Dakota .............................................................................................. 75 Wisconsin ..................................................................................................... 76 A Digest of State Statutes — 1 2 — Aquaculture Law in the North Central States INTRODUCTION One of the barriers to the growth and development of the aquaculture industry in the 12-state North Central region is a lack of comprehensive informa- tion on the state laws and regulations that affect the industry. The North Central Regional Aquaculture Center and its advisory committees quickly recognized this problem and made it one of their highest priorities for research. Among the factors that cause the confusion are the many aspects or stages of producing and marketing aquacultural products. The long and complex chain of production, transportation and marketing may include issues such as land use planning and zoning, water pollution and state fisheries regulations, transporta- tion requirements and food quality standards. Many public policies and a wide variety of public agencies are involved in regulating these aspects of aquacul- tural production and marketing. Although most pertinent laws are under the jurisdiction of the state fish and game agencies or their equivalents, others may be found in agricultural, food safety, health or consumer protection agencies. In addition to complying with their own state’s policies, aquaculturists must be familiar with the policies of other states in which they conduct business. Gathering this information can be both difficult and frustrating. The purpose of this project is to clarify and provide ready access to the current laws that are applicable to the production and marketing of aquacultural products on a state-by-state basis. This digest includes the laws related to the marketing and production of aquacultural products in the region served by the North Central Regional Aquaculture Center: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. It is intended for use as a general guide by aquaculturists, agency professionals, and research and Extension personnel. However, the statutes contained herein are by no means the “last word” on state aquaculture policy. The administrative rules and regulations promulgated under the statutes are an integral part of the policy environment. In fact, several states deal with aquaculture in only a very general way at the legislative level, with specifics delineated by administrative rules. Rules and regulations vary considerably from state to state and from one situation to another. It is beyond the scope of this project to try to list all of the administrative rules of each state in the region. Rather, we recommend this guide as a useful introduction that will provide a common framework for discussions and comparisons. This digest is not meant to replace consultation with legal counsel or state regulators. It should serve as a ready reference on policy within the region. METHODS The research was conducted at The Ohio State University College of Law Library in Columbus, Ohio. The library contains the complete and annually updated laws of each of the 12 states in the region. Both manual and computer- assisted search techniques were employed in locating the statutes pertinent to aquaculture. The LEXIS database was used to identify applicable laws in 10 of A Digest of State Statutes — 3 the states. The laws of Michigan and North Dakota, which were not included in the LEXIS system at the time, were researched manually. The bulk of the research was conducted during January and February 1990, with a subsequent recheck for revisions in July 1990. The laws transcribed here are as they appeared in the most recent supplement available (in most cases, 1990). Statutes were transcribed either in their entirety or in part, or listed by title and location only. Statutes directly addressing the possession, sale, transport, import, export or processing of cultured fish were included exactly as they appeared in the source. Some statutes contained lengthy portions that were not applicable. These have been omitted because of space considerations, but the integrity of the salient sections has been kept intact. All sections and paragraphs are numbered or lettered as they are in the states’ statutes or codes. These numbers or letters are sometimes out of sequence because prior or intervening sections or paragraphs that do not apply to aquaculture are not included herein. Related laws that may be of interest are included by title only. These laws are featured
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