I worked very closely with a great bipartisan group of legislators, the agencies involved and Aquaculture organizations to make certain that the legislation passed in the budget would be a sound law that would continue to insure the protection of the resources of our state, while allowing for future growth of this industry.

When Governor Thompson signed the biennial budget he helped to open new opportunities for this industry. For included in that document was the language which moved the regulation and oversight of Wisconsin's private aquaculture industry from the Department of Natural Resources to the Dept. of Agriculture, Trade and Consumer Protection. I want to take a few minutes to explain some of the changes and positive effects this motion will have on your industry.

Under the Act 27, fish farming is now considered an agricultural activity and will be regulated as such. Often during the formation of this legislation I head the statement, "We don't license dairy farms and we don't license pig farms. Why is the state licensing fish farms?" As of January 1 we no longer license fish farms; the state only maintains a registry.

With constant input of the aquaculture association, it was decided that permit and license requirements were to be minimized and limited to only those requirements that are necessary to protect a legitimate state interest. To every extent possible, regulatory oversight is assigned to the Department of Agriculture, Trade and Consumer Protection (DATCP), although regulation by the Department of Natural Resources (DNR) of various activities associated with fish farming continues as appropriate and necessary to protect the waters of the state and wild fish populations.

As of January 1998, no licenses are required of fish farms; instead, fish farms will be required to register with the DATCP. DATCP is given full responsibility for matters related to domestic fish health, including regulation of the health of all fish stocked into the waters of the state, under its animal health program.

The DNR retains its responsibility for protection of wild fish resources from disease and exotic fish through the issuance of permits for the importation of exotic species of fish and for the stocking of any fish into state waters. Natural Resources must accept a health certificate issued by the Dept. of Ag.

The DNR continues to regulate alterations of navigable waters and withdrawals from surface waters or ground water by fish farms. Also, wetland regulations are not affected.

Under Act 27 farm-raised fish and certain fish farms are now exempt from a wide range of DNR regulations. The farms receiving benefit of the exemptions are referred to as self-contained fish rearing facilities which consist of tanks, artificial ponds and DNR-permitted natural ponds with no connection to other natural waters and with no natural fish populations. The legislation's intent is to encourage self contained fish rearing facilities and discourage but not forbid the use of other natural bodies of water.

The Act does allow fish farming in other natural water bodies with DNR permits, and extends the same exemptions enjoyed by self-contained fish rearing facilities to fish farms operating in those water bodies, only if the water bodies were grandfathered as part of previously licensed fish hatcheries.

A person wishing to operate a fish farm in a natural water body must have legal control, through ownership, lease or other means, of the entire shoreline of the water body and there must be no public access to the water body. A preexisting fish rearing facility must continue to be equipped with barriers that prevent the passage of fish between the fish rearing facility and other waters of the state.

The Act requires a person wanting to use a new, not grandfathered, natural water body as a fish farm to obtain a permit from the DNR. The DNR is required to issue the permit if it finds that no substantial public interest exists in the water body and that no public or private rights in the water body will be damaged. In addition, the DNR is required to issue an initial permit for a freeze-out or preexisting fish rearing facility that is being used as a private fish hatchery licensed on the effective date of the provisions of the Act. (grandfathered)

The same standard regarding public interests and public or private rights in a water body applies to the licensing of private fish hatcheries. Thus, water bodies that were covered by licenses, are automatically permitted for use as fish farms because they have already received scrutiny under this standard.

One authority the DNR maintains is the ability to suspend a permit for the use of a preexisting fish rearing facility as a fish farm for 90 days if the operator of the fish farm fails to maintain the required fish barriers. The DNR may revoke such a permit if the operator does not correct such a problem within the 90-day suspension period.

The DNR was required to promulgate rules to establish fees, criteria and procedures to be used in issuing permits for the use of natural water bodies as fish farms. In developing the rules, it was required to consult with the Aquaculture Industry Advisory council, a body appointed by the Secretary of Agriculture, Trade and Consumer Protection, and the Wisconsin Aquaculture Association. The language for this rule has been worked out and generally agreed upon. The issues that remain are related to fees for permits. Those issues remain in discussion.

Many of the rules related to importing of fish and fish health are in the process of being written. Dr. Ehlenfeldt of the Department of Agriculture's Animal Health Unit will bring you up to date on all of those issues.

Many other items were discussed during the process of passing this legislation, including allowing Wisconsin's aquaculturists to raise and sell Lake Sturgeon like our neighbors in Minnesota do. The department of Natural Resources was adamant about maintaining their control of that species. So we had to leave that issue on the table, although we may approach that subject again in the future.

The DNR wanted to include language to restrict the legal taking of game fish by hook and line under a regular fishing license for use as brood stock. But, because the possibility that a program of specific genetic strains of fish for stocking may be forthcoming, we felt that unless the department could demonstrate that those genetic strains would be available to the private sector, this right remained as one of the few avenues that the private fish farmer had to gaining access to those genetic strains. After much debate that statute remains intact and you can continue to take your legal limit of fish on hook and line for use as brood stock, although as in the past you may not sell those fish.

I want to say a few words about our system of government and how it can work. Often we hear that government does not listen. But when this motion passed the Joint Finance Committee on a unanimous vote, it was apparent that you had been heard. The aquaculture industry understood that to enact change they needed to communicate with each member's individual legislator. And might I add your organization's voice was pretty loud because it got the attention of a lot of folks in Madison, not just the legislators. Echoes of your voices remain in the halls and conference rooms of many state agencies. Your message of growth through responsibility and respect for the resource will not soon be forgotten.

In closing I would like to thank my colleagues in the legislature who like myself believe that there is a place in Wisconsin for both private and public aquaculture. Many individuals demonstrated heroic efforts to make this legislation possible. Senator Kevin Shibilski and Representative Sheryl Albers demonstrated the strength of their convictions as members of the Joint Finance Committee. With out Senator Roger Breske's ongoing support we may have fallen short of our goals.

Then Speaker of the Assembly Ben Brancel, a true friend of aquaculture, played a key role when the assembly did its work on the motion. Now your industry is extremely fortunate to have Ben as the Secretary of the Department of Agriculture. With Ben at the helm, I think you will find that contacting the Department of Agriculture for assistance or guidance will change your attitude about having to work with state agencies.

And last but not least of all, the best Governor Wisconsin has ever known kept his promise. When he signed the budget, his veto pen went nowhere near the aquaculture motion. Governor Thompson understands that private aquaculture is one of the futures of alternative agriculture in Wisconsin. Like myself, Governor Thompson knows that the private aquaculture industry has great respect for the water resources and habitats of our state. For without clean water the industry cannot and will not survive. Aquaculture in Wisconsin is on the road to the future. Hopefully this legislation has taken a few of the bumps out of that long and winding road.

I am honored to have been a small part of the future of this remarkable industry.

Published: March 21, 1998