Republican-sponsored legislation that relaxes regulations for the state’s aquaculture industry will help an industry that is growing nationally, supporters say. But conservationists say they were blind-sided by the bill and fear it could harm public waterways. Here, Peter Fritsch, president of Rushing Waters in Palmyra, stands in front of some the fish ponds. Credit: Michael Sears

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Republican-sponsored legislation that relaxes regulations for the state's aquaculture industry will help an industry that is growing nationally, supporters say. But conservationists say they were blindsided by the bill and fear it could harm public waterways.

The bill addresses digging, dredging and repair work in and around streams and rivers — work that now in many cases requires owners of fish farms to get approval from the Department of Natural Resources.

In some cases under the bill, fish farms would be exempted from some of that oversight and allowed to fill in wetlands and grade soil along public waterways.

Bill sponsor Sen. Tom Tiffany (R-Hazelhurst) says the industry needs more certainty from regulators at a time when consumers are eating more fish — much of it from fish farms. Some operators have waited seven years or longer for approval of wastewater permits from the DNR, he said.

But environmentalists and conservation groups said that in addition to raising environmental concerns, they were stunned by the swift nature of the bill's progress.

The northern Wisconsin legislator introduced Senate Bill 493 on Jan. 4 and convened a public hearing the next day before the Senate Committee on Sporting Heritage, Mining and Forestry, which Tiffany chairs.

Representatives of the aquaculture industry testified in favor of the bill. A DNR staff member also was present. In her testimony, Pam Biersach, director of the Bureau of Watershed Management, said that grading on the banks of trout streams has "significant potential to create difficulty meeting physical and chemical water quality standards" for a stream, and could break up habitat and affect fish reproduction.

George Meyer, executive director of the Wisconsin Wildlife Federation, attended the hearing, but only because of an interest in another bill.

"What is really troubling about it is that DNR was there and knew about it, thank God, but 10 or 12 people from the industry were there to provide testimony, but no one from the environmental community," said Meyer, who had been unaware of the proposal.

Said Helen Sarakinos, policy director for the River Alliance of Wisconsin:

"The process stinks. You have wide-ranging legislation that could be a game-changer for the quality of trout streams and have it noticed ... and hold a hearing less than 24 hours later in the midst of the one of the busiest legislative weeks we have had."

Tiffany brushed aside the criticism, saying he held a hearing on aquaculture issues on Dec. 9 in Antigo. No bill had been written at that time. But he said drafting began shortly afterward. The Christmas holidays slowed progress by legislative drafters, Tiffany said, and he and other lawmakers are under pressure from legislative leaders to wrap up the session and head home by March.

The bill was approved 5-2 in committee on Thursday, with two Democratic members of the panel voting against it.

"There was no intent whatsoever to hide this from the public," Tiffany said.

Tiffany says the bill's impetus is to treat fish farms more like the rest of agriculture, which under state law has more latitude with management of land near waterways.

He also wants to help an industry poised for growth. Fish farms range from bait producers to facilities such as Rushing Waters Fisheries in Palmyra, which raises rainbow trout for the retail market and operates a restaurant and trout farm for fishing.

At the Jan. 5 legislative hearing, Ron Johnson, a former aquaculture specialist with the University of Wisconsin Extension, told the panel that worldwide, aquaculture is the fastest-growing segment of agriculture, growing at 8% annually.

Johnson also worked on aquaculture for the state agriculture department and owned and operated a trout farm for 11 years.

In Wisconsin, he estimated the industry's annual revenue at $5.7 million, according to his prepared testimony. State fish farms have "fallen far short in their ability as producers," he said.

"The one outstanding roadblock preventing the Wisconsin aquaculture industry from expanding and increasing capacity is the complexity, inequality and overwhelming volume of regulations.

"Aquaculture is agriculture, but is not treated as such in all state statutes."

At Rushing Waters, owner Peter Fritsch said the legislation would ease the way for his business to receive a variance from the state because he would not be able to meet a tougher new standard for phosphorus discharge that comes off his farm without spending more than $1 million in pollution-control equipment.

Trout are raised in 49-degree spring-fed water, which is discharged into a small creek, then flows into the Bark and Rock rivers. The watershed violates standards for phosphorus — a source of algae blooms. The federal Clean Water Act requires businesses with water permits, from factories to fish farms, to meet stricter phosphorous limits in their discharges.

Fritsch said that best management practices of the industry go a long way toward protecting the waterways from potential pollution from fish farms.

"We're in a pickle," said Fritsch, who is also president of the Wisconsin Aquaculture Association Inc. "My entire livelihood depends on clean water."

When news of the changes came, Trout Unlimited sent a message to members expressing its worries that the bill would harm trout habitat in the state. The bill could have "longstanding negative effects," the group said in an email to members.

Meyer, a former DNR secretary, agreed regulations for the industry must be streamlined.

But he said Tiffany's bill goes too far by allowing modifications of springs, altering public waterways and letting fish farm owners who operate dams cut off the flow of water to streams.

Tiffany said his bill doesn't pose any harm to the environment. Opponents, he said, don't fully grasp the details. On Thursday, he met with the president of Trout Unlimited in Wisconsin to brief him.

The group remains wary.

"Trout Unlimited always listens ... but our position remains as previously stated," said Henry Koltz, president of the group.