SF 1860

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying provisions 
  1.3             for aquatic farms; establishing a season for 
  1.4             harvesting ripe wild rice; removing the residency 
  1.5             requirement for youth hunting; permitting nonresident 
  1.6             students to take big game; modifying certain 
  1.7             prohibitions on building duck blinds and placing 
  1.8             decoys on waters; modifying priorities for the 
  1.9             disposal of state hatchery eggs or fry; modifying the 
  1.10            exception for trout and salmon stamps; modifying 
  1.11            restrictions on taking sturgeon and paddlefish; 
  1.12            removing certain provisions related to wild rice; 
  1.13            amending Minnesota Statutes 1994, sections 17.4982, 
  1.14            subdivisions 8, 10, 17, 21, and by adding a 
  1.15            subdivision; 17.4984, subdivisions 2 and 7; 17.4985, 
  1.16            subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 
  1.17            and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2 
  1.18            and 3; 17.4993, subdivision 1; 97A.451, by adding a 
  1.19            subdivision; 97A.455; 97B.811, subdivisions 1 and 3; 
  1.20            97C.203; 97C.305, subdivision 2; and 97C.411; 
  1.21            Minnesota Statutes 1995 Supplement, section 97A.451, 
  1.22            subdivision 3; proposing coding for new law in 
  1.23            Minnesota Statutes, chapter 84; repealing Minnesota 
  1.24            Statutes 1994, sections 84.09; and 84.14. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1994, section 17.4982, 
  1.27  subdivision 8, is amended to read: 
  1.28     Subd. 8.  [CONTAINMENT FACILITY.] "Containment facility" 
  1.29  means a licensed facility for salmonids or catfish that complies 
  1.30  with clauses (1), (3), and (4), or clauses (2), (3), and (4): 
  1.31     (1) disinfects its effluent to the standards in section 
  1.32  17.4991 before the effluent is discharged to public waters; 
  1.33     (2) does not discharge to public waters or to waters of the 
  1.34  state directly connected to public waters; 
  1.35     (3) raises aquatic life which cannot be released into the 
  2.1   wild and must be kept in a facility approved by the commissioner 
  2.2   unless processed for food consumption only; 
  2.3      (4) contains aquatic life requiring a fish health 
  2.4   inspection prior to transportation. 
  2.5      Sec. 2.  Minnesota Statutes 1994, section 17.4982, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 8a.  [EMERGENCY ENZOOTIC DISEASE AREA.] "Emergency 
  2.8   enzootic disease area" means an enzootic disease area which 
  2.9   harbors an emergency disease.  Trout, salmon, or catfish species 
  2.10  are considered to be from an emergency enzootic disease area if 
  2.11  the individual species in question can carry one or more of the 
  2.12  emergency disease pathogens present. 
  2.13     Sec. 3.  Minnesota Statutes 1994, section 17.4982, 
  2.14  subdivision 10, is amended to read: 
  2.15     Subd. 10.  [ENZOOTIC DISEASE AREA.] "Enzootic disease area" 
  2.16  means a disease that is known to occur within an area with 
  2.17  well-defined geographic boundaries which harbors one or more 
  2.18  certifiable diseases pathogens. 
  2.19     Sec. 4.  Minnesota Statutes 1994, section 17.4982, 
  2.20  subdivision 17, is amended to read: 
  2.21     Subd. 17.  [LOT.] "Lot" means a group of fish of the same 
  2.22  species and age that originated from the same discrete spawning 
  2.23  population and that always have shared a common water supply., 
  2.24  or various age groups of adult brood stock of the same 
  2.25  species may comprise the same lot if they that have shared the 
  2.26  same containers for one brood cycle. 
  2.27     Sec. 5.  Minnesota Statutes 1994, section 17.4982, 
  2.28  subdivision 21, is amended to read: 
  2.29     Subd. 21.  [STANDARD FACILITY.] "Standard facility" means a 
  2.30  licensed facility with a continual or intermittent discharge of 
  2.31  effluent to public waters which is not classified as a 
  2.32  quarantine or containment facility. 
  2.33     Sec. 6.  Minnesota Statutes 1994, section 17.4984, 
  2.34  subdivision 2, is amended to read: 
  2.35     Subd. 2.  [LISTED WATERS.] (a) An aquatic farm license must 
  2.36  list: 
  3.1      (1) the specific waters of the state that may be used in 
  3.2   connection with the licensed aquatic farm and the species 
  3.3   approved for each licensed water; and 
  3.4      (2) whether aeration requiring a permit is approved. 
  3.5   Additional waters may not be used until they are approved by the 
  3.6   commissioner. 
  3.7      (b) The right to use waters licensed for private fish 
  3.8   hatchery or aquatic farm purposes may be transferred between 
  3.9   licensees with prior approval by the commissioner if 
  3.10  requirements for species to be raised are met.  Waters that are 
  3.11  continually connected by a permanent watercourse to other waters 
  3.12  must not be approved for aquatic farm use, except that connected 
  3.13  waters that are isolated from other waters may be licensed as a 
  3.14  single water body.  Waters that are intermittently connected or 
  3.15  may become connected with other waters may be denied, or 
  3.16  screening or other measures may be required to prevent passage 
  3.17  of aquatic life.  Listed waters may be changed on approval by 
  3.18  the area fisheries supervisor or the commissioner. 
  3.19     (c) The commissioner shall conduct an inspection of waters 
  3.20  to be licensed prior to approving or denying initial licensing 
  3.21  of the waters. 
  3.22     (d) Waters containing game fish of significant public value 
  3.23  may be denied licensing unless the applicant can demonstrate 
  3.24  exclusive riparian control. 
  3.25     (e) Waters containing game fish of significant public value 
  3.26  may be denied licensing unless the game fish of significant 
  3.27  public value are, at the commissioner's option, sold to the 
  3.28  licensee, removed for other state use by the department of 
  3.29  natural resources, or disposed of as provided in writing by the 
  3.30  commissioner.  
  3.31     (f) Waters licensed under an aquatic farm license may be 
  3.32  aerated during open water periods without a separate aeration 
  3.33  permit.  
  3.34     Sec. 7.  Minnesota Statutes 1994, section 17.4984, 
  3.35  subdivision 7, is amended to read: 
  3.36     Subd. 7.  [NONPUBLIC RECORDS.] (a) Licensees must keep 
  4.1   complete, up-to-date, nonpublic records of the operation of the 
  4.2   aquatic farm.  The records must be kept remain available for at 
  4.3   least three years. 
  4.4      (b) The records must be in English and include the 
  4.5   following information: 
  4.6      (1) for each species acquired, the number and pounds of 
  4.7   fish or eggs acquired, names and addresses of the sources from 
  4.8   which acquired, and the dates of receipt; 
  4.9      (2) for each species sold or disposed of, the number and 
  4.10  pounds of fish sold or disposed of, the names and addresses of 
  4.11  the purchasers or persons to whom the conveyances are made, and 
  4.12  the dates of sale; and 
  4.13     (3) for fish sperm or viable eggs, the amount acquired or 
  4.14  sold, the names and addresses of the sources from which 
  4.15  acquired, the purchasers to whom conveyed, and the dates of 
  4.16  purchase or sale. 
  4.17     (c) On or before March 1 of each year, the licensee shall 
  4.18  submit a complete annual report on a form furnished by the 
  4.19  commissioner, covering the quantity of all species sold or 
  4.20  purchased in the preceding licensed year. 
  4.21     (d) An aquatic farmer shall maintain records for reasonable 
  4.22  inspection by the commissioner.  Information on aquatic life 
  4.23  production, harvest, and sales is nonpublic information.  
  4.24     Sec. 8.  Minnesota Statutes 1994, section 17.4985, 
  4.25  subdivision 2, is amended to read: 
  4.26     Subd. 2.  [BILL OF LADING.] (a) A person may not transport 
  4.27  aquatic life except salmonids or catfish with a completed state 
  4.28  issued bill of lading for:. 
  4.29     (b) A person must use a state issued bill of lading to 
  4.30  transport aquatic life for: 
  4.31     (1) intrastate transportation of aquatic life between 
  4.32  licensed private fish hatcheries, aquatic farms, or aquarium 
  4.33  facilities licensed for the same species and of the proper 
  4.34  classification for the aquatic life being transported if the 
  4.35  aquatic life is being transported into a watershed where it is 
  4.36  not currently present, if walleyes whose original source is 
  5.1   south of marked state highway No. 210 are being transported to a 
  5.2   facility north of marked state highway No. 210, or if the 
  5.3   original source of the aquatic life is outside Minnesota and 
  5.4   contiguous states; and 
  5.5      (2) stocking of waters other than public waters.  
  5.6      (b) (c) When aquatic life is transported under paragraph (a)
  5.7   (b), a copy of the bill of lading must be submitted to the 
  5.8   regional fisheries manager at least 72 hours before the 
  5.9   transportation. 
  5.10     (c) (d) For transportation and stocking of waters that are 
  5.11  not public waters: 
  5.12     (1) a bill of lading must be submitted to the regional 
  5.13  fisheries manager 72 hours before transporting fish for 
  5.14  stocking; 
  5.15     (2) a bill of lading must be submitted to the regional 
  5.16  fisheries manager within five days after stocking if the waters 
  5.17  to be stocked are confirmed by telecopy or telephone prior to 
  5.18  stocking by the regional fisheries office not to be public 
  5.19  waters; or 
  5.20     (3) a completed bill of lading may be submitted to the 
  5.21  regional fisheries office by telecopy prior to transporting fish 
  5.22  for stocking.  Confirmation that the waters to be stocked are 
  5.23  not public waters may be made by returning the bill of lading by 
  5.24  telecopy or in writing, in which cases additional copies need 
  5.25  not be submitted to the department of natural resources. 
  5.26     (d) (e) Bill of lading forms may only be issued by the 
  5.27  department of natural resources in St. Paul, and new bill of 
  5.28  lading forms may not be issued until all previously issued forms 
  5.29  have been returned. 
  5.30     Sec. 9.  Minnesota Statutes 1994, section 17.4985, 
  5.31  subdivision 3, is amended to read: 
  5.32     Subd. 3.  [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS 
  5.33  OF LADING.] (a) A state issued bill of lading or transportation 
  5.34  permit is not required by an aquatic farm licensee for 
  5.35  importation, transportation, or export for the following: 
  5.36     (1) minnows taken under an aquatic farm license in this 
  6.1   state and transported intrastate; 
  6.2      (2) aquarium or ornamental fish including goldfish and 
  6.3   tropical, subtropical, and saltwater species that cannot survive 
  6.4   in the waters of the state, which may be imported or transported 
  6.5   if accompanied by shipping documents; 
  6.6      (3) fish or fish eggs that have been processed for use as 
  6.7   food, bait, or other purposes unrelated to fish propagation; 
  6.8      (4) live fish from a licensed aquatic farm, which may be 
  6.9   transported directly to an outlet for processing or for other 
  6.10  food purposes if accompanied by shipping documents; 
  6.11     (5) fish being exported if accompanied by shipping 
  6.12  documents; 
  6.13     (6) sucker eggs, sucker fry, or fathead minnows transported 
  6.14  intrastate for bait propagation or feeding of cultural aquatic 
  6.15  life; 
  6.16     (7) species of fish that are found within the state used in 
  6.17  connection with public shows, exhibits, demonstrations, or 
  6.18  fishing pools for periods not exceeding 14 days; or 
  6.19     (8) intrastate transportation of aquatic life between or 
  6.20  within licensed private fish hatcheries, aquatic farms, or 
  6.21  aquarium facilities licensed for the same species and of the 
  6.22  proper facility classification for the aquatic life, except 
  6.23  where required in subdivision 2 and except that salmonids and 
  6.24  catfish may only be transferred or transported intrastate 
  6.25  without a transportation permit if they had no record of 
  6.26  bacterial kidney disease at the time they were imported into the 
  6.27  state and if the most recent they have had a fish health 
  6.28  inspection since importation within the preceding year that has 
  6.29  shown no certifiable diseases to be present. 
  6.30     Aquatic life being transferred between licensed private 
  6.31  fish hatcheries, aquatic farms, or aquarium facilities must be 
  6.32  accompanied by shipping documents and salmonids and catfish 
  6.33  being transferred or transported intrastate without a 
  6.34  transportation permit must be accompanied by a copy of their 
  6.35  most recent fish health inspection; or 
  6.36     (9) fish being transported through the state if accompanied 
  7.1   by shipping documents. 
  7.2      (b) Shipping documents required under paragraph (a) must 
  7.3   show the place of origin, owner or consignee, destination, 
  7.4   number, and species. 
  7.5      Sec. 10.  Minnesota Statutes 1994, section 17.4986, is 
  7.6   amended to read: 
  7.7      17.4986 [IMPORTATION OF AQUATIC LIFE.] 
  7.8      Subdivision 1.  [IMPORTATION AND STOCKING RESTRICTIONS.] A 
  7.9   person may not import fish into or stock fish in the state 
  7.10  without first obtaining a transportation permit with a disease 
  7.11  certification when required or a bill of lading from the 
  7.12  commissioner, unless the person is exempted. 
  7.13     Subd. 2.  [LICENSED FACILITIES.] (a) The commissioner shall 
  7.14  issue transportation permits to import: 
  7.15     (1) indigenous and naturalized species except trout, 
  7.16  salmon, and catfish from any source to a standard facility; 
  7.17     (2) trout, salmon, and catfish from a nonemergency enzootic 
  7.18  disease area to a containment facility if the fish are certified 
  7.19  within the previous year to be free of certifiable diseases, 
  7.20  except that eggs with enteric redmouth, whirling disease, or 
  7.21  furunculosis may be imported following treatment approved by the 
  7.22  commissioner, and fish with bacterial kidney disease may be 
  7.23  imported into areas where the disease has been previously 
  7.24  introduced; and 
  7.25     (3) trout, salmon, and catfish from a facility in a 
  7.26  nonemergency enzootic disease area with a disease-free history 
  7.27  of three years or more to a standard facility, except that eggs 
  7.28  with enteric redmouth, whirling disease, or furunculosis may be 
  7.29  imported following treatment approved by the commissioner, and 
  7.30  fish with bacterial kidney disease may be imported into areas 
  7.31  where the disease has been previously introduced.  
  7.32     (b) If a source facility in a nonemergency enzootic disease 
  7.33  area cannot demonstrate a history free from disease, aquatic 
  7.34  life may only be imported into a quarantine facility. 
  7.35     Subd. 3.  [EMERGENCY ENZOOTIC DISEASE AREA.] (a) Except as 
  7.36  otherwise provided and except that eggs with enteric redmouth, 
  8.1   whirling disease, or furunculosis may be imported following 
  8.2   treatment approved by the commissioner, and fish with bacterial 
  8.3   kidney disease may be imported into areas where the disease has 
  8.4   been previously introduced, fish may be imported from emergency 
  8.5   disease enzootic disease areas only as fertilized eggs under the 
  8.6   following conditions:  
  8.7      (1) to be imported into a standard facility, fertilized 
  8.8   eggs must have a disease-free history for at least five years; 
  8.9      (2) to be imported into a containment facility, fertilized 
  8.10  eggs must have a disease-free history for at least three years; 
  8.11  or 
  8.12     (3) to be imported into a quarantine facility, fertilized 
  8.13  eggs may have a disease-free history of less than three years.  
  8.14     (b) A hatchery inspection must occur at least once a year 
  8.15  and fish must have been tested for all certifiable diseases.  
  8.16  Fish health inspections under this subdivision must comply with 
  8.17  section 17.4982, subdivision 12.  
  8.18     Subd. 4.  [DISEASE-FREE HISTORY.] Disease-free histories 
  8.19  required under this section must include a fish health 
  8.20  inspection as defined by section 17.4982, subdivision 12, and 
  8.21  tests for all certifiable diseases of concern.  When 
  8.22  disease-free histories of more than one year are required for 
  8.23  importing salmonids or catfish, the disease history must be of 
  8.24  consecutive years that include the year previous to, or the year 
  8.25  of, the transportation request. 
  8.26     Sec. 11.  Minnesota Statutes 1994, section 17.4988, 
  8.27  subdivision 2, is amended to read: 
  8.28     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
  8.29  an aquatic farming license is $275. 
  8.30     (b) The aquatic farming license must may contain 
  8.31  endorsements for the rights and privileges of the following 
  8.32  licenses under the game and fish laws.  The endorsement must be 
  8.33  made upon payment of the license fee prescribed in section 
  8.34  97A.475 for the following licenses: 
  8.35     (1) minnow dealer license; 
  8.36     (2) minnow retailer license for sale of minnows as bait; 
  9.1      (3) minnow exporting license; 
  9.2      (4) minnow dealer helper license; 
  9.3      (5) aquatic farm vehicle endorsement, which includes a 
  9.4   minnow dealer vehicle license, a minnow retailer vehicle 
  9.5   license, an exporting minnow hauler vehicle license, and a fish 
  9.6   vendor vehicle license; 
  9.7      (6) sucker egg taking license; and 
  9.8      (7) game fish packers license. 
  9.9      Sec. 12.  Minnesota Statutes 1994, section 17.4988, 
  9.10  subdivision 4, is amended to read: 
  9.11     Subd. 4.  [AQUARIUM FACILITY.] (a) A person may not operate 
  9.12  operating an aquarium facility without must have an aquarium 
  9.13  facility license issued by the commissioner if the facility 
  9.14  contains species of aquatic life which are present in waters of 
  9.15  the state.  The commissioner may require an aquarium facility 
  9.16  license for aquarium facilities importing or holding species of 
  9.17  aquatic life not present in Minnesota if those species can 
  9.18  survive in waters of the state.  The fee for an aquarium 
  9.19  facility license is $15. 
  9.20     (b) Game fish transferred by an aquarium facility must be 
  9.21  accompanied by a receipt containing the information required on 
  9.22  a shipping document by section 17.4985, subdivision 3, paragraph 
  9.23  (b). 
  9.24     Sec. 13.  Minnesota Statutes 1994, section 17.4991, 
  9.25  subdivision 3, is amended to read: 
  9.26     Subd. 3.  [FISH HEALTH INSPECTION.] (a) An aquatic farm 
  9.27  propagating trout, salmon, or catfish and having an effluent 
  9.28  discharge from the aquatic farm into public waters must have an 
  9.29  annual a fish health inspection conducted at least once every 12 
  9.30  months by a certified fish health inspector.  Testing must be 
  9.31  conducted according to approved laboratory methods. 
  9.32     (b) A health inspection fee must be charged based on each 
  9.33  lot of fish sampled.  The fee by check or money order payable to 
  9.34  the department of natural resources must be prepaid or paid at 
  9.35  the time a bill or notice is received from the commissioner that 
  9.36  the inspection and processing of samples is completed. 
 10.1      (c) Upon receipt of payment and completion of inspection, 
 10.2   the commissioner shall notify the operator and issue a fish 
 10.3   health certificate.  The certification must be made according to 
 10.4   the Fish Health Blue Book by a person certified as a fish health 
 10.5   inspector. 
 10.6      (d) All aquatic life in transit or held at transfer 
 10.7   stations within the state may be inspected by the commissioner.  
 10.8   This inspection may include the collection of stock for purposes 
 10.9   of pathological analysis.  Sample size necessary for analysis 
 10.10  will follow guidelines listed in the Fish Health Blue Book. 
 10.11     (e) Salmonids and catfish must have a fish health 
 10.12  inspection before being transported from a containment facility, 
 10.13  unless the fish are being transported directly to an outlet for 
 10.14  processing or other food purposes or unless the commissioner 
 10.15  determines that an inspection is not needed.  A fish health 
 10.16  inspection conducted for this purpose need only be done on the 
 10.17  lot or lots of fish that will be transported.  The commissioner 
 10.18  must conduct a fish health inspection requested for this purpose 
 10.19  within five working days of receiving written notice.  Salmonids 
 10.20  and catfish may be immediately transported from a containment 
 10.21  facility to another containment facility once a sample has been 
 10.22  obtained for a health inspection or once the five-day notice 
 10.23  period has expired. 
 10.24     Sec. 14.  Minnesota Statutes 1994, section 17.4992, 
 10.25  subdivision 2, is amended to read: 
 10.26     Subd. 2.  [RESTRICTION ON THE SALE OF GAME FISH.] (a) 
 10.27  Except as provided in paragraph (b), species of the family 
 10.28  salmonidae or ictaluridae, except bullheads, must be free of 
 10.29  certifiable diseases if sold for stocking or transfer to another 
 10.30  aquatic farm, except that. 
 10.31     (b) The following exceptions apply to paragraph (a): 
 10.32     (1) Eggs with enteric redmouth, whirling disease, or 
 10.33  furunculosis may be transferred between licensed facilities or 
 10.34  stocked following treatment approved by the commissioner, and. 
 10.35     (2) Fish with bacterial kidney disease may be 
 10.36  transferred between licensed facilities or stocked to in areas 
 11.1   where the disease has been previously introduced. 
 11.2      (3) The commissioner may allow transfer between licensed 
 11.3   facilities or stocking of fish with enteric redmouth or 
 11.4   furunculosis when the commissioner determines that doing so 
 11.5   would pose no threat to the state's aquatic resources. 
 11.6      Sec. 15.  Minnesota Statutes 1994, section 17.4992, 
 11.7   subdivision 3, is amended to read: 
 11.8      Subd. 3.  [ACQUISITION OF FISH FOR BROOD STOCK.] Game fish 
 11.9   brood stock may be sold to private fish hatcheries or aquatic 
 11.10  farms by the state at fair wholesale market value.  As a 
 11.11  one-time purchase For brood stock development, up to 20 pair of 
 11.12  adults of each species requested may be provided to a licensee 
 11.13  once every three years, if available, by the state through 
 11.14  normal operations. 
 11.15     Sec. 16.  Minnesota Statutes 1994, section 17.4993, 
 11.16  subdivision 1, is amended to read: 
 11.17     Subdivision 1.  [TAKING FROM PUBLIC WATERS.] A licensee may 
 11.18  take minnow sperm, minnow eggs, and live minnows from public 
 11.19  waters for aquatic farm purposes under an aquatic farm license, 
 11.20  except that sucker eggs and sperm may only be taken with a 
 11.21  sucker egg license endorsement as provided by section 17.4994. 
 11.22     Sec. 17.  [84.105] [WILD RICE SEASON.] 
 11.23     Ripe wild rice may be harvested from July 15 to September 
 11.24  30. 
 11.25     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 11.26  97A.451, subdivision 3, is amended to read: 
 11.27     Subd. 3.  [PERSONS RESIDENTS UNDER AGE 16; SMALL GAME.] (a) 
 11.28  A person resident under age 16 may not obtain a small game 
 11.29  license but may take small game by firearms or bow and arrow 
 11.30  without a license if the person is a resident is: 
 11.31     (1) age 14 or 15 and possesses a firearms safety 
 11.32  certificate issued by this state; 
 11.33     (2) age 13, possesses a firearms safety certificate issued 
 11.34  by this state, and is accompanied by a parent or guardian; or 
 11.35     (3) age 12 or under and is accompanied by a parent or 
 11.36  guardian.  
 12.1      (b) A resident under age 16 may take small game by trapping 
 12.2   without a small game license, but a resident 13 years of age or 
 12.3   older must have a trapping license.  A resident under age 13 may 
 12.4   trap without a trapping license.  
 12.5      Sec. 19.  Minnesota Statutes 1994, section 97A.451, is 
 12.6   amended by adding a subdivision to read: 
 12.7      Subd. 3a.  [NONRESIDENTS UNDER AGE 16; SMALL GAME.] A 
 12.8   nonresident under age 16 may take small game, except turkeys, by 
 12.9   firearms or bow and arrow if the nonresident is licensed as a 
 12.10  nonresident at a resident fee and: 
 12.11     (1) possesses a firearm safety certificate or equivalent 
 12.12  document issued by the state of residence; or 
 12.13     (2) if under the age of certification, is accompanied by a 
 12.14  parent or guardian. 
 12.15     Sec. 20.  Minnesota Statutes 1994, section 97A.455, is 
 12.16  amended to read: 
 12.17     97A.455 [NONRESIDENT STUDENTS; FISHING, SMALL GAME, AND 
 12.18  DEER BIG GAME.] 
 12.19     (a) A nonresident that is a full-time student at an 
 12.20  educational institution in the state and resides in the state 
 12.21  during the school year may obtain a resident license to take 
 12.22  fish or, small game, or big game, except moose, by providing 
 12.23  proof of student status and residence as prescribed by the 
 12.24  commissioner. 
 12.25     (b) A nonresident that is a full-time foreign exchange 
 12.26  student at a high school in the state and resides with persons 
 12.27  in the state may obtain a resident license to take deer by 
 12.28  archery big game, except moose, by providing proof of foreign 
 12.29  exchange student status as prescribed by the commissioner. 
 12.30     Sec. 21.  Minnesota Statutes 1994, section 97B.811, 
 12.31  subdivision 1, is amended to read: 
 12.32     Subdivision 1.  [BLINDS AND DECOYS PROHIBITED BEFORE 
 12.33  SEASON.] A person may not erect a blind or place decoys in 
 12.34  public waters or on public land more than one hour before the 
 12.35  open season for waterfowl.  
 12.36     Sec. 22.  Minnesota Statutes 1994, section 97B.811, 
 13.1   subdivision 3, is amended to read: 
 13.2      Subd. 3.  [RESTRICTIONS ON LEAVING DECOYS OVERNIGHT.] 
 13.3   During the open season for waterfowl, a person may not leave 
 13.4   decoys in public waters between sunset and one hour before 
 13.5   lawful shooting hours unless: 
 13.6      (1) the decoys are in waters adjacent to private land under 
 13.7   the control of the hunter; and 
 13.8      (2) there is not natural vegetation growing in water 
 13.9   sufficient to partially conceal a hunter.  
 13.10     Sec. 23.  Minnesota Statutes 1994, section 97C.203, is 
 13.11  amended to read: 
 13.12     97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY.] 
 13.13     The commissioner shall dispose of game fish eggs and fry 
 13.14  according to the following order of priorities:  
 13.15     (1) distribution of fish eggs and fry to state hatcheries 
 13.16  to hatch fry or raise fingerlings for stocking waters of the 
 13.17  state for recreational fishing; and 
 13.18     (2) transfer to other government agencies or private fish 
 13.19  hatcheries when part of an exchange for fish that are stocked in 
 13.20  waters of the state for recreational fishing; 
 13.21     (3) sale of fish eggs and fry to private fish hatcheries or 
 13.22  licensed aquatic farms at a price not less than the fair 
 13.23  wholesale market value, established as the average price charged 
 13.24  at the state's private hatcheries and contiguous states per 
 13.25  volume rates; and 
 13.26     (4) transfer to other government agencies for fish 
 13.27  management and research purposes. 
 13.28     Sec. 24.  Minnesota Statutes 1994, section 97C.305, 
 13.29  subdivision 2, is amended to read: 
 13.30     Subd. 2.  [EXCEPTION.] A trout and salmon stamp is not 
 13.31  required to take fish by angling or to possess trout and salmon 
 13.32  if:  
 13.33     (1) the person 
 13.34     (i) possesses a license to take fish by angling for a 
 13.35  period of 24 hours from the time of issuance under section 
 13.36  97A.475, subdivision 6, clause (5), or subdivision 7, clause 
 14.1   (5);, and (2) the person 
 14.2      (ii) is taking fish by angling during the period the 
 14.3   license is valid; or 
 14.4      (2) the person is fishing on a lake opened to liberalized 
 14.5   fishing under section 97C.035. 
 14.6      Sec. 25.  Minnesota Statutes 1994, section 97C.411, is 
 14.7   amended to read: 
 14.8      97C.411 [STURGEON AND PADDLEFISH.] 
 14.9      Lake sturgeon, shovelnose sturgeon, and paddlefish may not 
 14.10  be taken, bought, sold, transported or possessed except as 
 14.11  provided by rule of the commissioner.  The commissioner may only 
 14.12  allow the taking of these fish in waters that the state boundary 
 14.13  passes through except that a rule that applies and in 
 14.14  tributaries to the St. Croix river must also apply to its 
 14.15  tributaries. 
 14.16     Sec. 26.  [REPEALER.] 
 14.17     Minnesota Statutes 1994, sections 84.09 and 84.14, are 
 14.18  repealed. 
 14.19     Sec. 27.  [INSTRUCTION TO REVISOR.] 
 14.20     In each section of Minnesota Statutes referred to in column 
 14.21  A, the revisor of statutes shall delete the reference in column 
 14.22  B and insert the reference in column C.  The references in 
 14.23  column C may be changed by the revisor to the section of 
 14.24  Minnesota Statutes in which the bill sections are compiled. 
 14.25  Column A                Column B             Column C
 14.26   84.42                   84.09                84.091
 14.27  97A.025                  84.09                84.091
 14.28  97A.065                  84.09                84.091