3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; clarifying status of 1.3 game refuge designations; modifying provisions for 1.4 aquatic farms; modifying provisions for recreational 1.5 vehicles; removing the residency requirement for youth 1.6 hunting; permitting nonresident students to take big 1.7 game; defining terms; modifying provisions relating to 1.8 short-term fishing licenses, special permits, 1.9 commercial fishing, taking fish, taking deer, blaze 1.10 orange, trout and salmon stamps, and sturgeon and 1.11 paddlefish; modifying provisions for stocking fish; 1.12 modifying provisions related to wild rice and disposal 1.13 of state hatchery eggs or fry; requiring reports; 1.14 ratifying certain conveyances of county fee lands; 1.15 permitting the sale of certain state wildlife land; 1.16 modifying certain provisions for shoreland transfers; 1.17 modifying penalty provisions for personal flotation 1.18 device violations; amending Minnesota Statutes 1994, 1.19 sections 17.4982, subdivisions 8, 10, 17, 21, and by 1.20 adding a subdivision; 17.4984, subdivisions 2 and 7; 1.21 17.4985, subdivisions 2 and 3; 17.4986; 17.4988, 1.22 subdivisions 2 and 4; 17.4991, subdivision 3; 17.4992, 1.23 subdivisions 2 and 3; 17.4993, subdivision 1; 97A.015, 1.24 subdivision 20, and by adding a subdivision; 97A.401, 1.25 subdivision 4; 97A.411, subdivision 1; 97A.451, by 1.26 adding a subdivision; 97A.455; 97A.475, subdivisions 1.27 30, 31, 32, 33, 34, 35, 36, and 37; 97A.535, by adding 1.28 a subdivision; 97B.021, subdivision 1; 97B.071; 1.29 97B.311; 97C.035, subdivision 3; 97C.203; 97C.205; 1.30 97C.305, subdivision 2; 97C.411; 97C.811, subdivision 1.31 6; 97C.815, subdivision 4; 97C.835, subdivisions 1 and 1.32 5; and 97C.841; Minnesota Statutes 1995 Supplement, 1.33 sections 14.386; 14.387; 84.788, subdivision 3; 1.34 84.922, subdivision 2; and 97A.451, subdivision 3; 1.35 Laws 1995, chapters 220, section 137; and 238, section 1.36 1, subdivision 2; proposing coding for new law in 1.37 Minnesota Statutes, chapter 84; repealing Minnesota 1.38 Statutes 1994, sections 84.09 and 84.14; Laws 1995, 1.39 chapter 220, section 136. 1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.41 Section 1. Minnesota Statutes 1995 Supplement, section 1.42 14.386, is amended to read: 2.1 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 2.2 (a) A rule adopted, amended, or repealed by an agency, 2.3 under a statute authorizing or requiring rules to be adopted but 2.4 excluded from the rulemaking provisions of chapter 14 or from 2.5 the definition of a rule, has the force and effect of law only 2.6 if: 2.7 (1) the revisor of statutes approves the form of the rule 2.8 by certificate; 2.9 (2) the office of administrative hearings approves the rule 2.10 as to its legality within 14 days after the agency submits it 2.11 for approval and files two copies of the rule with the revisor's 2.12 certificate in the office of the secretary of state; and 2.13 (3) a copy is published by the agency in the State Register. 2.14 (b) A rule adopted under this section is effective for a 2.15 period of two years from the date of publication of the rule in 2.16 the State Register. The authority for the rule expires at the 2.17 end of this two-year period. 2.18 (c) The chief administrative law judge shall adopt rules 2.19 relating to the rule approval duties imposed by this section and 2.20 section 14.388, including rules establishing standards for 2.21 review. 2.22 (d) This section does not apply to rules adopted, amended, 2.23 or repealed under section 14.388. 2.24 This section also does not apply to: 2.25 (1) rules implementing emergency powers pursuant to 2.26 sections 12.31 to 12.37; 2.27 (2) rules of agencies directly in the legislative or 2.28 judicial branches; 2.29 (3) rules of the regents of the University of Minnesota; 2.30 (4) rules of the department of military affairs; 2.31 (5) rules of the comprehensive health association provided 2.32 in section 62E.10; 2.33 (6) rules of the tax court provided by section 271.06; 2.34 (7) rules concerning only the internal management of the 2.35 agency or other agencies, and which do not directly affect the 2.36 rights of or procedure available to the public; 3.1 (8) rules of the commissioner of corrections relating to 3.2 the placement and supervision of inmates serving a supervised 3.3 release term, the internal management of institutions under the 3.4 commissioner's control, and rules adopted under section 609.105 3.5 governing the inmates of those institutions; 3.6 (9) rules relating to weight limitations on the use of 3.7 highways when the substance of the rules is indicated to the 3.8 public by means of signs; 3.9 (10) opinions of the attorney general; 3.10 (11) the systems architecture plan and long-range plan of 3.11 the state education management information system provided by 3.12 section 121.931; 3.13 (12) the data element dictionary and the annual data 3.14 acquisition calendar of the department of children, families, 3.15 and learning to the extent provided by section 121.932; 3.16 (13) the occupational safety and health standards provided 3.17 in section 182.655; 3.18 (14) revenue notices and tax information bulletins of the 3.19 commissioner of revenue; 3.20 (15) uniform conveyancing forms adopted by the commissioner 3.21 of commerce under section 507.09; 3.22 (16) game and fish rules of the commissioner of natural 3.23 resources adopted under section 84.027, subdivision 13, or 3.24 sections 97A.0451 to 97A.0459;
or3.25 (17) experimental and special management waters designated 3.26 by the commissioner of natural resources under sections 97C.001 3.27 and 97C.005; or 3.28 (18) game refuges designated by the commissioner of natural 3.29 resources under section 97A.085. 3.30 Sec. 2. Minnesota Statutes 1995 Supplement, section 3.31 14.387, is amended to read: 3.32 14.387 [LEGAL STATUS OF EXISTING EXEMPT RULES.] 3.33 A rule adopted on or before May 26, 1995, and which was not 3.34 adopted under sections 14.05 to 14.28 or their predecessor 3.35 provisions, does not have the force and effect of law on and 3.36 after July 1, 1997, and the authority for the rule expires on 4.1 that date. 4.2 This section does not apply to: 4.3 (1) rules implementing emergency powers under sections 4.4 12.31 to 12.37; 4.5 (2) rules of agencies directly in the legislative or 4.6 judicial branches; 4.7 (3) rules of the regents of the University of Minnesota; 4.8 (4) rules of the department of military affairs; 4.9 (5) rules of the comprehensive health association provided 4.10 in section 62E.10; 4.11 (6) rules of the tax court provided by section 271.06; 4.12 (7) rules concerning only the internal management of the 4.13 agency or other agencies, and which do not directly affect the 4.14 rights of or procedure available to the public; 4.15 (8) rules of the commissioner of corrections relating to 4.16 the placement and supervision of inmates serving a supervised 4.17 release term, the internal management of institutions under the 4.18 commissioner's control, and rules adopted under section 609.105 4.19 governing the inmates of those institutions; 4.20 (9) rules relating to weight limitations on the use of 4.21 highways when the substance of the rules is indicated to the 4.22 public by means of signs; 4.23 (10) opinions of the attorney general; 4.24 (11) the systems architecture plan and long-range plan of 4.25 the state education management information system provided by 4.26 section 121.931; 4.27 (12) the data element dictionary and the annual data 4.28 acquisition calendar of the department of education to the 4.29 extent provided by section 121.932; 4.30 (13) the occupational safety and health standards provided 4.31 in section 182.655; 4.32 (14) revenue notices and tax information bulletins of the 4.33 commissioner of revenue; 4.34 (15) uniform conveyancing forms adopted by the commissioner 4.35 of commerce under section 507.09; 4.36 (16) game and fish rules of the commissioner of natural 5.1 resources adopted under section 84.027, subdivision 13, or 5.2 sections 97A.0451 to 97A.0459; or5.3 (17) experimental and special management waters designated 5.4 by the commissioner of natural resources under sections 97C.001 5.5 and 97C.005; or 5.6 (18) game refuges designated by the commissioner of natural 5.7 resources under section 97A.085. 5.8 Sec. 3. Minnesota Statutes 1994, section 17.4982, 5.9 subdivision 8, is amended to read: 5.10 Subd. 8. [CONTAINMENT FACILITY.] "Containment facility" 5.11 means a licensed facility for salmonids or catfish that complies 5.12 with clauses (1), (3), and (4), or clauses (2), (3), and (4): 5.13 (1) disinfects its effluent to the standards in section 5.14 17.4991 before the effluent is discharged to public waters; 5.15 (2) does not discharge to public waters or to waters of the 5.16 state directly connected to public waters; 5.17 (3) raises aquatic life that is prohibited from being 5.18 released into the wild and must be kept in a facility approved 5.19 by the commissioner unless processed for food consumption only; 5.20 (4) contains aquatic life requiring a fish health 5.21 inspection prior to transportation. 5.22 Sec. 4. Minnesota Statutes 1994, section 17.4982, is 5.23 amended by adding a subdivision to read: 5.24 Subd. 8a. [EMERGENCY ENZOOTIC DISEASE AREA.] "Emergency 5.25 enzootic disease area" means an enzootic disease area that 5.26 harbors an emergency fish disease. Trout, salmon, or catfish 5.27 species are from an emergency enzootic disease area only if the 5.28 individual species in question can carry one or more of the 5.29 emergency fish disease pathogens present. 5.30 Sec. 5. Minnesota Statutes 1994, section 17.4982, 5.31 subdivision 10, is amended to read: 5.32 Subd. 10. [ENZOOTIC DISEASE AREA.] "Enzootic disease area" 5.33 means a disease that is known to occur withinan area with 5.34 well-defined geographic boundaries which harbors one or more 5.35 certifiable diseases pathogens. 5.36 Sec. 6. Minnesota Statutes 1994, section 17.4982, 6.1 subdivision 17, is amended to read: 6.2 Subd. 17. [LOT.] "Lot" means a group of fish of the same 6.3 species and age that originated from the same discrete spawning 6.4 population and that always have shared a common water supply ., 6.5 or various age groups of adult brood stock of the same 6.6 species may comprise the same lot if theythat have shared the 6.7 same containers for one brood cycle. 6.8 Sec. 7. Minnesota Statutes 1994, section 17.4982, 6.9 subdivision 21, is amended to read: 6.10 Subd. 21. [STANDARD FACILITY.] "Standard facility" means a 6.11 licensed facility with a continual or intermittent discharge of6.12 effluent to public watersthat is not a quarantine or 6.13 containment facility. 6.14 Sec. 8. Minnesota Statutes 1994, section 17.4984, 6.15 subdivision 2, is amended to read: 6.16 Subd. 2. [LISTED WATERS.] (a) An aquatic farm license must 6.17 list: 6.18 (1) the specific waters of the state that may be used in 6.19 connection with the licensed aquatic farm and the species 6.20 approved for each licensed water; and 6.21 (2) whether aeration requiring a permit is approved. 6.22 Additional waters may not be used until they are approved by the 6.23 commissioner. 6.24 (b) The right to use waters licensed for private fish 6.25 hatchery or aquatic farm purposes may be transferred between 6.26 licensees with prior approval by the commissioner if 6.27 requirements for species to be raised are met. Waters that are 6.28 continually connected by a permanent watercourse to other waters 6.29 must not be approved for aquatic farm use, except that connected 6.30 waters that are isolated from other waters may be licensed as a 6.31 single water body. Waters that are intermittently connected or 6.32 may become connected with other waters may be denied, or 6.33 screening or other measures may be required to prevent passage 6.34 of aquatic life. Listed waters may be changed on approval by 6.35 the area fisheries supervisor or the commissioner. 6.36 (c) The commissioner shall conduct an inspection of waters 7.1 to be licensed prior to approving or denying initial licensing 7.2 of the waters. 7.3 (d) Waters containing game fish of significant public value 7.4 may be denied licensing unless the applicant can demonstrate 7.5 exclusive riparian control. 7.6 (e) Waters containing game fish of significant public value 7.7 may be denied licensing unless the game fish of significant 7.8 public value are, at the commissioner's option, sold to the 7.9 licensee, removed for other state use by the department of 7.10 natural resources, or disposed of as provided in writing by the 7.11 commissioner. 7.12 (f) Waters licensed under an aquatic farm license may be 7.13 aerated during open water periods without a separate aeration 7.14 permit. 7.15 Sec. 9. Minnesota Statutes 1994, section 17.4984, 7.16 subdivision 7, is amended to read: 7.17 Subd. 7. [NONPUBLIC RECORDS.] (a) Licensees must keep 7.18 complete, up-to-date, nonpublic records of the operation of the 7.19 aquatic farm. The records must be keptremain available for at 7.20 least three years. 7.21 (b) The records must be in English and include the 7.22 following information: 7.23 (1) for each species acquired, the number and pounds of 7.24 fish or eggs acquired, names and addresses of the sources from 7.25 which acquired, and the dates of receipt; 7.26 (2) for each species sold or disposed of, the number and 7.27 pounds of fish sold or disposed of, the names and addresses of 7.28 the purchasers or persons to whom the conveyances are made, and 7.29 the dates of sale; and 7.30 (3) for fish sperm or viable eggs, the amount acquired or 7.31 sold, the names and addresses of the sources from which 7.32 acquired, the purchasers to whom conveyed, and the dates of 7.33 purchase or sale. 7.34 (c) On or before March 1 of each year, the licensee shall 7.35 submit a complete annual report on a form furnished by the 7.36 commissioner, covering the quantity of all species sold or 8.1 purchased in the preceding licensed year. 8.2 (d) An aquatic farmer shall maintain records for reasonable 8.3 inspection by the commissioner. Information on aquatic life 8.4 production, harvest, and sales is nonpublic information. 8.5 Sec. 10. Minnesota Statutes 1994, section 17.4985, 8.6 subdivision 2, is amended to read: 8.7 Subd. 2. [BILL OF LADING.] (a) A person may transport8.8 aquatic life except salmonids or catfish withA completed8.9 state-issued bill of lading is required for: 8.10 (1) intrastate transportation of aquatic life other than 8.11 salmonids and catfish between licensed private fish hatcheries, 8.12 aquatic farms, or aquarium facilities licensed for the same8.13 species and of the proper classification for the aquatic8.14 lifebeing transported if the aquatic life is being transported 8.15 into a watershed where it is not currently present, if walleyes 8.16 whose original source is south of marked state highway No. 210 8.17 are being transported to a facility north of marked state 8.18 highway No. 210, or if the original source of the aquatic life 8.19 is outside Minnesota and contiguous states; and 8.20 (2) stocking of waters other than public waters with 8.21 aquatic life other than salmonids and catfish. 8.22 (b) When aquatic life is transported under paragraph (a), a 8.23 copy of the bill of lading must be submitted to the regional 8.24 fisheries manager at least 72 hours before the transportation. 8.25 (c) For transportation and stocking of waters that are not 8.26 public waters: 8.27 (1) a bill of lading must be submitted to the regional 8.28 fisheries manager 72 hours before transporting fish for 8.29 stocking; 8.30 (2) a bill of lading must be submitted to the regional 8.31 fisheries manager within five days after stocking if the waters 8.32 to be stocked are confirmed by telecopy or telephone prior to 8.33 stocking by the regional fisheries office not to be public 8.34 waters; or 8.35 (3) a completed bill of lading may be submitted to the 8.36 regional fisheries office by telecopy prior to transporting fish 9.1 for stocking. Confirmation that the waters to be stocked are 9.2 not public waters may be made by returning the bill of lading by 9.3 telecopy or in writing, in which cases additional copies need 9.4 not be submitted to the department of natural resources. 9.5 (d) Bill of lading forms may only be issued by the 9.6 department of natural resources in St. Paul, and new bill of 9.7 lading forms may not be issued until all previously issued forms 9.8 have been returned. 9.9 Sec. 11. Minnesota Statutes 1994, section 17.4985, 9.10 subdivision 3, is amended to read: 9.11 Subd. 3. [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS 9.12 OF LADING.] (a) A state-issued bill of lading or transportation 9.13 permit is not required by an aquatic farm licensee for 9.14 importation, transportation, or export for the following: 9.15 (1) minnows taken under an aquatic farm license in this 9.16 state and transported intrastate; 9.17 (2) aquarium or ornamental fish including goldfish and 9.18 tropical, subtropical, and saltwater species that cannot survive 9.19 in the waters of the state, which may be imported or transported 9.20 if accompanied by shipping documents; 9.21 (3) fish or fish eggs that have been processed for use as 9.22 food, bait, or other purposes unrelated to fish propagation; 9.23 (4) live fish from a licensed aquatic farm, which may be 9.24 transported directly to an outlet for processing or for other 9.25 food purposes if accompanied by shipping documents; 9.26 (5) fish being exported if accompanied by shipping 9.27 documents; 9.28 (6) sucker eggs, sucker fry, or fathead minnows transported 9.29 intrastate for bait propagation or feeding of cultural aquatic 9.30 life; 9.31 (7) species of fish that are found within the state used in 9.32 connection with public shows, exhibits, demonstrations, or 9.33 fishing pools for periods not exceeding 14 days; or9.34 (8) fish being transported through the state if accompanied 9.35 by shipping documents; or 9.36 (9) intrastate transportation of aquatic life between or 10.1 within licensed private fish hatcheries, aquatic farms, or 10.2 aquarium facilities licensed for the samespecies and of the10.3 proper facility classification for the aquatic lifebeing 10.4 transported, except where required in subdivision 2 and except 10.5 that salmonids and catfish may only be transferred or 10.6 transported intrastate without a transportation permit if they 10.7 had no record of bacterial kidney disease at the time they were 10.8 imported into the state and if the most recentthey have had a 10.9 fish health inspection since importationwithin the preceding 10.10 year that has shown no certifiable diseases to be present. 10.11 Aquatic life being transferred between licensed private 10.12 fish hatcheries, aquatic farms, or aquarium facilities must be 10.13 accompanied by shipping documents and salmonids and catfish 10.14 being transferred or transported intrastate without a 10.15 transportation permit must be accompanied by a copy of their 10.16 most recent fish health inspection. 10.17 (b) Shipping documents required under paragraph (a) must 10.18 show the place of origin, owner or consignee, destination, 10.19 number, and species. 10.20 Sec. 12. Minnesota Statutes 1994, section 17.4986, is 10.21 amended to read: 10.22 17.4986 [IMPORTATION OF AQUATIC LIFE.] 10.23 Subdivision 1. [IMPORTATION AND STOCKING RESTRICTIONS.] A 10.24 person may not import fish into or stock fish in the state 10.25 without first obtaining a transportation permit with a disease 10.26 certification when required or a bill of lading from the 10.27 commissioner, unless the person is exempted. 10.28 Subd. 2. [LICENSED FACILITIES.] (a) The commissioner shall 10.29 issue transportation permits to import: 10.30 (1) indigenous and naturalized species except trout, 10.31 salmon, and catfish from any source to a standard facility; 10.32 (2) trout, salmon, and catfish from a nonemergency enzootic 10.33 disease area to a containment facility if the fish are certified 10.34 within the previous year to be free of certifiable diseases, 10.35 except that eggs with enteric redmouth, whirling disease, or 10.36 furunculosis may be imported following treatment approved by the 11.1 commissioner, and fish with bacterial kidney disease may be 11.2 imported into areas where the disease has been previously 11.3 introduced; and 11.4 (3) trout, salmon, and catfish from a facility in a 11.5 nonemergency enzootic disease area with a disease-free history 11.6 of three years or more to a standard facility, except that eggs 11.7 with enteric redmouth, whirling disease, or furunculosis may be 11.8 imported following treatment approved by the commissioner, and 11.9 fish with bacterial kidney disease may be imported into areas 11.10 where the disease has been previously introduced. 11.11 (b) If a source facility in a nonemergency enzootic disease 11.12 area cannot demonstrate a history free from disease, aquatic 11.13 life may only be imported into a quarantine facility. 11.14 Subd. 3. [EMERGENCY ENZOOTIC DISEASE AREA.] (a)Except as 11.15 otherwise provided and except that eggs with enteric redmouth, 11.16 whirling disease, or furunculosis may be imported following 11.17 treatment approved by the commissioner, and fish with bacterial 11.18 kidney disease may be imported into areas where the disease has 11.19 been previously introduced, fish may be imported from emergency 11.20 diseaseenzootic disease areas only as fertilized eggs under the 11.21 following conditions: 11.22 (1) to be imported into a standard facility, fertilized 11.23 eggs must have a disease-free history for at least five years; 11.24 (2) to be imported into a containment facility, fertilized 11.25 eggs must have a disease-free history for at least three years; 11.26 or 11.27 (3) to be imported into a quarantine facility, fertilized 11.28 eggs may have a disease-free history of less than three years. 11.29 (b) A hatchery inspection must occur at least once a year11.30 and fish must have been tested for all certifiable diseases.11.31 Fish health inspections under this subdivision must comply with11.32 section 17.4982, subdivision 12.11.33 Subd. 4. [DISEASE-FREE HISTORY.] Disease-free histories 11.34 required under this section must include the results of a fish 11.35 health inspection. When disease-free histories of more than one 11.36 year are required for importing salmonids or catfish, the 12.1 disease history must be of consecutive years that include the 12.2 year previous to, or the year of, the transportation request. 12.3 Sec. 13. Minnesota Statutes 1994, section 17.4988, 12.4 subdivision 2, is amended to read: 12.5 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 12.6 an aquatic farming license is $275. 12.7 (b) The aquatic farming license mustmay contain 12.8 endorsements for the rights and privileges of the following 12.9 licenses under the game and fish laws. The endorsement must be 12.10 made upon payment of the license fee prescribed in section 12.11 97A.475 for the following licenses: 12.12 (1) minnow dealer license; 12.13 (2) minnow retailer license for sale of minnows as bait; 12.14 (3) minnow exporting license; 12.15 (4) minnow dealer helper license; 12.16 (5) aquatic farm vehicle endorsement, which includes a 12.17 minnow dealer vehicle license, a minnow retailer vehicle 12.18 license, an exporting minnow hauler vehicle license, and a fish 12.19 vendor vehicle license; 12.20 (6) sucker egg taking license; and 12.21 (7) game fish packers license. 12.22 Sec. 14. Minnesota Statutes 1994, section 17.4988, 12.23 subdivision 4, is amended to read: 12.24 Subd. 4. [AQUARIUM FACILITY.] (a) A person may not operate12.25 operating ana commercial aquarium facility withoutmust have 12.26 ana commercial aquarium facility license issued by the 12.27 commissioner if the facility contains species of aquatic life 12.28 that are for sale and that are present in waters of the state. 12.29 The commissioner may require an aquarium facility license for 12.30 aquarium facilities importing or holding species of aquatic life 12.31 that are for sale and that are not present in Minnesota if those 12.32 species can survive in waters of the state. The fee for an 12.33 aquarium facility license is $15. 12.34 (b) Game fish transferred by an aquarium facility must be 12.35 accompanied by a receipt containing the information required on 12.36 a shipping document by section 17.4985, subdivision 3, paragraph 13.1 (b). 13.2 Sec. 15. Minnesota Statutes 1994, section 17.4991, 13.3 subdivision 3, is amended to read: 13.4 Subd. 3. [FISH HEALTH INSPECTION.] (a) An aquatic farm 13.5 propagating trout, salmon, or catfish and having an effluent 13.6 discharge from the aquatic farm into public waters must have an13.7 annuala fish health inspection conducted at least once every 12 13.8 months by a certified fish health inspector. Testing must be 13.9 conducted according to approved laboratory methods. 13.10 (b) A health inspection fee must be charged based on each 13.11 lot of fish sampled. The fee by check or money order payable to 13.12 the department of natural resources must be prepaid or paid at 13.13 the time a bill or notice is received from the commissioner that 13.14 the inspection and processing of samples is completed. 13.15 (c) Upon receipt of payment and completion of inspection, 13.16 the commissioner shall notify the operator and issue a fish 13.17 health certificate. The certification must be made according to 13.18 the Fish Health Blue Book by a person certified as a fish health 13.19 inspector. 13.20 (d) All aquatic life in transit or held at transfer 13.21 stations within the state may be inspected by the commissioner. 13.22 This inspection may include the collection of stock for purposes 13.23 of pathological analysis. Sample size necessary for analysis 13.24 will follow guidelines listed in the Fish Health Blue Book. 13.25 (e) Salmonids and catfish must have a fish health 13.26 inspection before being transported from a containment facility, 13.27 unless the fish are being transported directly to an outlet for 13.28 processing or other food purposes or unless the commissioner 13.29 determines that an inspection is not needed. A fish health 13.30 inspection conducted for this purpose need only be done on the 13.31 lot or lots of fish that will be transported. The commissioner 13.32 must conduct a fish health inspection requested for this purpose 13.33 within five working days of receiving written notice. Salmonids 13.34 and catfish may be immediately transported from a containment 13.35 facility to another containment facility once a sample has been 13.36 obtained for a health inspection or once the five-day notice 14.1 period has expired. 14.2 Sec. 16. Minnesota Statutes 1994, section 17.4992, 14.3 subdivision 2, is amended to read: 14.4 Subd. 2. [RESTRICTION ON THE SALE OF GAME FISH.] (a) 14.5 Except as provided in paragraph (b), species of the family 14.6 salmonidae or ictaluridae, except bullheads, must be free of 14.7 certifiable diseases if sold for stocking or transfer to another 14.8 aquatic farm , except that. 14.9 (b) The following exceptions apply to paragraph (a): 14.10 (1) Eggs with enteric redmouth, whirling disease, or 14.11 furunculosis may be transferred between licensed facilities or 14.12 stocked following treatment approved by the commissioner , and. 14.13 (2) Fish with bacterial kidney disease may be 14.14 transferred between licensed facilities or stocked toin areas 14.15 where the disease has been previously introduced. 14.16 (3) The commissioner may allow transfer between licensed 14.17 facilities or stocking of fish with enteric redmouth or 14.18 furunculosis when the commissioner determines that doing so 14.19 would pose no threat to the state's aquatic resources. 14.20 Sec. 17. Minnesota Statutes 1994, section 17.4992, 14.21 subdivision 3, is amended to read: 14.22 Subd. 3. [ACQUISITION OF FISH FOR BROOD STOCK.] Game fish 14.23 brood stock may be sold to private fish hatcheries or aquatic 14.24 farms by the state at fair wholesale market value. As a14.25 one-time purchaseFor brood stock development, up to 20 pair of 14.26 adults of each species requested may be provided to a licensee 14.27 once every three years, if available, by the state through 14.28 normal operations. 14.29 Sec. 18. Minnesota Statutes 1994, section 17.4993, 14.30 subdivision 1, is amended to read: 14.31 Subdivision 1. [TAKING FROM PUBLIC WATERS.] A licensee may 14.32 take minnow sperm, minnow eggs, and live minnows from public 14.33 waters for aquatic farm purposes under an aquatic farm license, 14.34 except that sucker eggs and sperm may only be taken with a 14.35 sucker egg license endorsement as provided by section 17.4994. 14.36 Sec. 19. [84.105] [WILD RICE SEASON.] 15.1 Ripe wild rice may be harvested from July 15 to September 15.2 30. 15.3 Sec. 20. Minnesota Statutes 1995 Supplement, section 15.4 84.788, subdivision 3, is amended to read: 15.5 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application 15.6 for registration or continued registration must be made to the 15.7 commissioner or an authorized deputy registrar of motor vehicles 15.8 on a form prescribed by the commissioner. The form must state 15.9 the name and address of every owner of the off-highway 15.10 motorcycle and must be signed by at least one owner. 15.11 (b) A person who purchases from a retail dealer an 15.12 off-highway motorcycle that is intended to be operated on public 15.13 lands or waters shall make application for registration to the 15.14 dealer at the point of sale. The dealer shall issue a temporary 15.15 ten-day registration permit to each purchaser who applies to the 15.16 dealer for registration. The dealer shall submit the completed 15.17 registration applications and fees to the deputy registrar at 15.18 least once each week. No fee may be charged by a dealer to a 15.19 purchaser for providing the temporary permit. 15.20 (c) Upon receipt of the application and the appropriate 15.21 fee, the commissioner or deputy registrar shall issue to the 15.22 applicant, or provide to the dealer, a 60-day temporary receipt 15.23 and shall assign a registration number that must be affixed to 15.24 the motorcycle in a manner prescribed by the commissioner. A 15.25 dealer subject to paragraph (b) shall provide the registration 15.26 materials and temporary receipt to the purchaser within the 15.27 ten-day temporary permit period. 15.28 (d) The commissioner shall develop a registration system to 15.29 register vehicles under this section. A deputy registrar of 15.30 motor vehicles acting under section 168.33, is also a deputy 15.31 registrar of off-highway motorcycles. The commissioner of 15.32 natural resources in agreement with the commissioner of public 15.33 safety may prescribe the accounting and procedural requirements 15.34 necessary to ensure efficient handling of registrations and 15.35 registration fees. Deputy registrars shall strictly comply with 15.36 the accounting and procedural requirements. A fee of $2 in 16.1 addition to other fees prescribed by law is charged for each 16.2 off-highway motorcycle registered by: 16.3 (1) a deputy registrar and must be deposited in the 16.4 treasury of the jurisdiction where the deputy is appointed, or 16.5 kept if the deputy is not a public official; or 16.6 (2) the commissioner and must be deposited in the state 16.7 treasury and credited to the off-highway motorcycle account. 16.8 Sec. 21. Minnesota Statutes 1995 Supplement, section 16.9 84.922, subdivision 2, is amended to read: 16.10 Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application 16.11 for registration or continued registration shall be made to the 16.12 commissioner of natural resources, the commissioner of public 16.13 safety or an authorized deputy registrar of motor vehicles on a 16.14 form prescribed by the commissioner. The form must state the 16.15 name and address of every owner of the vehicle and be signed by 16.16 at least one owner. 16.17 (b) A person who purchases an all-terrain vehicle from a 16.18 retail dealer shall make application for registration to the 16.19 dealer at the point of sale. The dealer shall issue a temporary 16.20 ten-day registration permit to each purchaser who applies to the 16.21 dealer for registration. The dealer shall submit the completed 16.22 registration application and fees to the deputy registrar at 16.23 least once each week. No fee may be charged by a dealer to a 16.24 purchaser for providing the temporary permit. 16.25 (c) Upon receipt of the application and the appropriate fee 16.26 the commissioner or deputy registrar shall register the vehicle16.27 issue to the applicant, or provide to the dealer, a 60-day 16.28 temporary receipt and shall assign a registration number that 16.29 must be affixed to the vehicle in a manner prescribed by the 16.30 commissioner. A dealer subject to paragraph (b) shall provide 16.31 the registration materials and temporary receipt to the 16.32 purchaser within the ten-day temporary permit period. The 16.33 commissioner shall use the snowmobile registration system to 16.34 register vehicles under this section. 16.35 (c)(d) Each deputy registrar of motor vehicles acting 16.36 under section 168.33, is also a deputy registrar of all-terrain 17.1 vehicles. The commissioner of natural resources in agreement 17.2 with the commissioner of public safety may prescribe the 17.3 accounting and procedural requirements necessary to assure 17.4 efficient handling of registrations and registration fees. 17.5 Deputy registrars shall strictly comply with the accounting and 17.6 procedural requirements. 17.7 (d)(e) A fee of $2 in addition to other fees prescribed by 17.8 law shall be charged for each vehicle registered by: 17.9 (1) a deputy registrar and shall be deposited in the 17.10 treasury of the jurisdiction where the deputy is appointed, or 17.11 retained if the deputy is not a public official; or 17.12 (2) the commissioner and shall be deposited to the state 17.13 treasury and credited to the all-terrain vehicle account in the 17.14 natural resources fund. 17.15 Sec. 22. Minnesota Statutes 1994, section 97A.015, 17.16 subdivision 20, is amended to read: 17.17 Subd. 20. [FIREARMS SAFETY CERTIFICATE.] "Firearms safety 17.18 certificate" means the certificate issued under section 17.19 97B.015 or an equivalent certificate issued by another state or 17.20 other evidence that meets with the requirements of section 17.21 97B.020. 17.22 Sec. 23. Minnesota Statutes 1994, section 97A.015, is 17.23 amended by adding a subdivision to read: 17.24 Subd. 25a. [GUARDIAN.] "Guardian" means a legal guardian 17.25 of a person under age 16, or a person 18 or older who has been 17.26 authorized by the parent or legal guardian to supervise the 17.27 person under age 16. 17.28 Sec. 24. Minnesota Statutes 1994, section 97A.401, 17.29 subdivision 4, is amended to read: 17.30 Subd. 4. [TAKING WILD ANIMALS FROM GAME REFUGES, WILDLIFE 17.31 MANAGEMENT, AND OTHER AREAS.] Special permits may be issued, 17.32 with or without a fee, to take a wild animal from game refuges, 17.33 wildlife management areas, state parks, controlled hunting 17.34 zones, and other areas of the state that the commissioner may 17.35 open for the taking of a wild animal during a special season or 17.36 subject to special restrictions. In addition, an application 18.1 fee may be charged for a special permit. Local units of 18.2 government may charge an administrative fee in connection with 18.3 special hunts under their jurisdiction. Fees to be collected 18.4 shall be based upon the estimated cost of conducting the special 18.5 season or administering the special restrictions. 18.6 Sec. 25. Minnesota Statutes 1994, section 97A.411, 18.7 subdivision 1, is amended to read: 18.8 Subdivision 1. [LICENSE PERIOD.] (a) Except as provided in 18.9 paragraph (b), a license is valid during the lawful time within 18.10 the license year that the licensed activity may be performed. A 18.11 license year begins on the first day of March and ends on the 18.12 last day of February. 18.13 (b) A license issued under section 97A.475, subdivision 6, 18.14 clause (5), or section 97A.475, subdivision 7, clause (2), (3), 18.15 (5), or (6) is valid for the full license period even if this 18.16 period extends into the next license year, provided that the 18.17 license period selected by the licensee begins at the time of 18.18 issuance. 18.19 Sec. 26. Minnesota Statutes 1995 Supplement, section 18.20 97A.451, subdivision 3, is amended to read: 18.21 Subd. 3. [ PERSONSRESIDENTS UNDER AGE 16; SMALL GAME.] (a) 18.22 A personresident under age 16 may not obtain a small game 18.23 license but may take small game by firearms or bow and arrow 18.24 without a license if the person is aresident is: 18.25 (1) age 14 or 15 and possesses a firearms safety 18.26 certificate; 18.27 (2) age 13, possesses a firearms safety certificate, and is 18.28 accompanied by a parent or guardian; or 18.29 (3) age 12 or under and is accompanied by a parent or 18.30 guardian. 18.31 (b) A resident under age 16 may take small game by trapping 18.32 without a small game license, but a resident 13 years of age or 18.33 older must have a trapping license. A resident under age 13 may 18.34 trap without a trapping license. 18.35 Sec. 27. Minnesota Statutes 1994, section 97A.451, is 18.36 amended by adding a subdivision to read: 19.1 Subd. 3a. [NONRESIDENTS UNDER AGE 16; SMALL GAME.] (a) A 19.2 nonresident under age 16 may obtain a small game license at the 19.3 resident fee if the nonresident: 19.4 (1) possesses a firearms safety certificate; or 19.5 (2) if age 13 or under, is accompanied by a parent or 19.6 guardian when purchasing the license. 19.7 (b) A nonresident age 13 or under must be accompanied by a 19.8 parent or guardian to take small game. 19.9 Sec. 28. Minnesota Statutes 1994, section 97A.455, is 19.10 amended to read: 19.11 97A.455 [NONRESIDENT STUDENTS; FISHING, SMALL GAME, AND 19.12 DEERBIG GAME.] 19.13 (a) A nonresident that is a full-time student at an 19.14 educational institution in the state and resides in the state 19.15 during the school year may obtain a resident license to take 19.16 fish or, small game, or big game, except moose, by providing 19.17 proof of student status and residence as prescribed by the 19.18 commissioner. 19.19 (b) A nonresident that is a full-time foreign exchange 19.20 student at a high school in the state and resides with persons 19.21 in the state may obtain a resident license to take deer by19.22 archerybig game, except moose, by providing proof of foreign 19.23 exchange student status as prescribed by the commissioner. 19.24 Sec. 29. Minnesota Statutes 1994, section 97A.475, 19.25 subdivision 30, is amended to read: 19.26 Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] 19.27 The fee for a license to net commercial fish in inland waters, 19.28 to be issued to residents and nonresidents, is $70 plus: 19.29 (1) for each hoop net pocket, $1; 19.30 (2) for each 1,000 feet of seine, $16.50; and 19.31 (3) for each helper'sapprentice license, $5.50$25. 19.32 Sec. 30. Minnesota Statutes 1994, section 97A.475, 19.33 subdivision 31, is amended to read: 19.34 Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE 19.35 WOODS.] The fee for a license to commercially net fish in Lake 19.36 of the Woods is: 20.1 (1) for each pound net or staked trap net, $49.50; 20.2 (2) for each fyke net, $11, plus $5 for each two-foot 20.3 segment, or fraction, of the wings or lead in excess of four 20.4 feet in height; 20.5 (3) for each 100 feet of gill net, $2.75; 20.6 (4) for each submerged trap net, $16.50; and 20.7 (5) for each helper'sapprentice license, $16.50$25. 20.8 Sec. 31. Minnesota Statutes 1994, section 97A.475, 20.9 subdivision 32, is amended to read: 20.10 Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The 20.11 fee for a license to commercially net fish in Rainy Lake is: 20.12 (1) for each pound net, $49.50; 20.13 (2) for each 100 feet of gill net, $2.75; and 20.14 (3) for each helper'sapprentice license, $16.50$25. 20.15 Sec. 32. Minnesota Statutes 1994, section 97A.475, 20.16 subdivision 33, is amended to read: 20.17 Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND 20.18 POINT LAKES.] The fee for a license to commercially net fish in 20.19 Namakan Lake and Sand Point Lake is: 20.20 (1) for each 100 feet of gill net, $1.75; 20.21 (2) for each pound, fyke, and submerged trap net, $16.50; 20.22 and 20.23 (3) for each helper'sapprentice license, $5.50$25. 20.24 Sec. 33. Minnesota Statutes 1994, section 97A.475, 20.25 subdivision 34, is amended to read: 20.26 Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN 20.27 THE MISSISSIPPI RIVER.] (a) The fee for a license to 20.28 commercially seine rough fish in the Mississippi river from St. 20.29 Anthony Falls to the St. Croix river junction is: 20.30 (1) for a seine not exceeding 500 feet, $27.50; or 20.31 (2) for a seine over 500 feet, $44, plus $2 for each 100 20.32 foot segment or fraction over 1,000 feet. 20.33 (b) The fee for each helper'sapprentice license issued 20.34 under paragraph (a) is $5.50$25. 20.35 Sec. 34. Minnesota Statutes 1994, section 97A.475, 20.36 subdivision 35, is amended to read: 21.1 Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN 21.2 BOUNDARY WATERS.] The fee for a license to commercially seine 21.3 fish in the boundary waters between Wisconsin and Minnesota from 21.4 Taylors Falls to the Iowa border is: 21.5 (1) for a seine not exceeding 500 feet, $27.50; or 21.6 (2) for a seine over 500 feet, $44, plus $2.50 for each 100 21.7 feet over 1,000 feet; and 21.8 (3) for each helper'sapprentice license to be issued to 21.9 residents and nonresidents, $5.50, $25. 21.10 Sec. 35. Minnesota Statutes 1994, section 97A.475, 21.11 subdivision 36, is amended to read: 21.12 Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY 21.13 WATERS.] The fee for a license to commercially net in the 21.14 boundary waters between Wisconsin and Minnesota from Lake St. 21.15 Croix to the Iowa border is: 21.16 (1) for each gill net not exceeding 500 feet, $14.50; 21.17 (2) for each gill net over 500 feet, $27.50; 21.18 (3) for each fyke net and hoop net, $11; 21.19 (4) for each bait net, $1.75; 21.20 (5) for each turtle net, $1.75; 21.21 (6) for each set line identification tag, $14.50; and 21.22 (7) for each helper'sapprentice license to be issued to 21.23 residents and nonresidents, $5.50, $25. 21.24 Sec. 36. Minnesota Statutes 1994, section 97A.475, 21.25 subdivision 37, is amended to read: 21.26 Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] 21.27 The fee for a license to commercially net fish in Lake Superior 21.28 is: 21.29 (1) for each gill net, $77 plus $2 for each 1,000 feet over 21.30 1,000 feet; 21.31 (2) for a pound or trap net, $77 plus $2 for each 21.32 additional pound or trap net; and 21.33 (3) for each helper'sapprentice license, $5.50$25. 21.34 Sec. 37. Minnesota Statutes 1994, section 97A.535, is 21.35 amended by adding a subdivision to read: 21.36 Subd. 2a. [QUARTERING OF DEER ALLOWED.] A deer that has 22.1 been tagged as required in subdivision 1 may be quartered at the 22.2 site of the kill. The animal's head must remain attached to one 22.3 of the quarters. The quarters must be presented together for 22.4 registration under subdivision 2 and must remain together until 22.5 the deer is processed for storage. 22.6 Sec. 38. Minnesota Statutes 1994, section 97B.021, 22.7 subdivision 1, is amended to read: 22.8 Subdivision 1. [RESTRICTIONS.] (a) Except as provided in 22.9 this subdivision, a person under the age of 16 may not possess a 22.10 firearm, unless accompanied by a parent or guardian. 22.11 (b) A person under age 16 may possess a firearm without 22.12 being accompanied by a parent or guardian: 22.13 (1) on land owned by, or occupied as the principal 22.14 residence of, the person or the person's parent or guardian; 22.15 (2) while participating in an organized target shooting 22.16 program with adult supervision; 22.17 (3) while the person is participating in a firearms safety 22.18 program or traveling to and from class; or 22.19 (4) if the person is age 14 or 15 and has a firearms safety 22.20 certificate. 22.21 (c) For purposes of this section a guardian is a legal22.22 guardian or a person age 18 or older that has been authorized by22.23 the parent or legal guardian to supervise the person under age22.24 16.22.25 Sec. 39. Minnesota Statutes 1994, section 97B.071, is 22.26 amended to read: 22.27 97B.071 [BLAZE ORANGE REQUIREMENTS.] 22.28 (a) Except as provided in rules adopted under paragraph 22.29 (b)(c), a person may not hunt or trap during the open season 22.30 where deer may be taken by firearms under applicable laws and 22.31 ordinances, unless the visible portion of the person's cap and 22.32 outer clothing above the waist, excluding sleeves and gloves, is 22.33 blaze orange. Blaze orange includes a camouflage pattern of at 22.34 least 50 percent blaze orange within each foot square. This 22.35 section does not apply to migratory waterfowl hunters on waters 22.36 of this state or in a stationary shooting location. 23.1 (b) Except as provided in rules adopted under paragraph 23.2 (c), and in addition to the requirement in paragraph (a), a 23.3 person may not take small game other than turkey, migratory 23.4 birds, raccoons, and predators, except when hunting with 23.5 nontoxic shot, unless a visible portion of at least one article 23.6 of the person's clothing above the waist is blaze orange. 23.7 (c) The commissioner may, by rule, prescribe an alternative 23.8 color in cases where paragraph (a) or (b) would violate the 23.9 Religious Freedom Restoration Act of 1993, Public Law Number 23.10 103-141. 23.11 (d) A violation of paragraph (b) shall not result in a 23.12 penalty, but is punishable only by a safety warning. 23.13 Sec. 40. Minnesota Statutes 1994, section 97B.311, is 23.14 amended to read: 23.15 97B.311 [DEER SEASONS AND RESTRICTIONS.] 23.16 (a) The commissioner may, by rule, prescribe restrictions 23.17 and designate areas where deer may be taken, including hunter 23.18 selection criteria for special hunts established under section 23.19 97A.401, subdivision 4. The commissioner may, by rule, 23.20 prescribe the open seasons for deer within the following periods: 23.21 (1) taking with firearms, other than muzzle-loading 23.22 firearms, between November 1 and December 15; 23.23 (2) taking with muzzle-loading firearms between September 1 23.24 and December 31; and 23.25 (3) taking by archery between September 1 and December 31. 23.26 (b) Notwithstanding paragraph (a), the commissioner may 23.27 establish special seasons within designated areas between 23.28 September 1 and January 15. 23.29 Sec. 41. Minnesota Statutes 1994, section 97C.035, 23.30 subdivision 3, is amended to read: 23.31 Subd. 3. [TAKING OF FISH.] (a) The commissioner may , by23.32 rule,authorize residents to take fish: 23.33 (1) in any quantity; 23.34 (2) in any manner, except by use of seines, hoop nets, fyke 23.35 nets, and explosives; and 23.36 (3) for personal use only, except rough fish may be sold. 24.1 (b) In an emergencyThe commissioner may authorize the 24.2 taking of fish without publishing the rule ifby posting notice 24.3 is postedconspicuously along the shore of the waters and 24.4 publishing a news release in a newspaper of general circulation 24.5 in the area where the waters are located. 24.6 Sec. 42. Minnesota Statutes 1994, section 97C.203, is 24.7 amended to read: 24.8 97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY.] 24.9 The commissioner shall dispose of game fish eggs and fry 24.10 according to the following order of priorities: 24.11 (1) distribution of fish eggs and fry to state hatcheries 24.12 to hatch fry or raise fingerlings for stocking waters of the 24.13 state for recreational fishing; and24.14 (2) transfer to other government agencies or private fish 24.15 hatcheries in exchange for fish to be stocked in waters of the 24.16 state for recreational fishing; 24.17 (3) sale of fish eggs and fry to private fish hatcheries or 24.18 licensed aquatic farms at a price not less than the fair 24.19 wholesale market value, established as the average price charged 24.20 at the state's private hatcheries and contiguous states per 24.21 volume rates; and 24.22 (4) transfer to other government agencies for fish 24.23 management and research purposes. 24.24 Sec. 43. Minnesota Statutes 1994, section 97C.205, is 24.25 amended to read: 24.26 97C.205 [RULES FOR TRANSPORTING AND STOCKING FISH.] 24.27 (a) The commissioner may adopt rules to regulate: 24.28 (1) the transportation of fish and fish eggs from one body 24.29 of water to another; and 24.30 (2) the stocking of waters with fish or fish eggs. 24.31 (b) The commissioner shall prescribe rules designed to 24.32 encourage local sporting organizations to propagate game fish by 24.33 using rearing ponds. The rules must: 24.34 (1) prescribe methods to acquire brood stock for the ponds 24.35 by seining public waters; 24.36 (2) allow the sporting organizations to own and use seines 25.1 and other necessary equipment; and 25.2 (3) prescribe methods for stocking the fish in public 25.3 waters that give priority to the needs of the community where 25.4 the fish are reared and the desires of the organization 25.5 operating the rearing pond. 25.6 (c) A person age 16 or under may, for purposes of display 25.7 in a home aquarium, transport largemouth bass, smallmouth bass, 25.8 yellow perch, rock bass, black crappie, white crappie, bluegill 25.9 pumpkinseed, green sunfish, orange spotted sunfish, and black, 25.10 yellow and brown bullheads taken by angling. No more than four 25.11 of each species may be transported at any one time, and any 25.12 individual fish can be no longer than ten inches in total length. 25.13 Sec. 44. Minnesota Statutes 1994, section 97C.305, 25.14 subdivision 2, is amended to read: 25.15 Subd. 2. [EXCEPTION.] A trout and salmon stamp is not 25.16 required to take fish by angling or to possess trout and salmon 25.17 if: 25.18 (1) the person: 25.19 (i) possesses a license to take fish by angling for a 25.20 period of 24 hours from the time of issuance under section 25.21 97A.475, subdivision 6, clause (5), or subdivision 7, clause 25.22 (5) ;, and (2) the person25.23 (ii) is taking fish by angling, or the trout or salmon were 25.24 taken by the person, during the period the license is valid; or 25.25 (2) the person is taking fish, or the trout or salmon were 25.26 taken by the person, as authorized under section 97C.035. 25.27 Sec. 45. Minnesota Statutes 1994, section 97C.411, is 25.28 amended to read: 25.29 97C.411 [STURGEON AND PADDLEFISH.] 25.30 Lake sturgeon, shovelnose sturgeon, and paddlefish may not 25.31 be taken, bought, sold, transported or possessed except as 25.32 provided by rule of the commissioner. The commissioner may only 25.33 allow the taking of these fish in waters that the state boundary 25.34 passes through except that a rule that appliesand in 25.35 tributaries to the St. Croix river must also apply to its25.36 tributaries. 26.1 Sec. 46. Minnesota Statutes 1994, section 97C.811, 26.2 subdivision 6, is amended to read: 26.3 Subd. 6. [LICENSE INVALIDATION.] (a) A license to take 26.4 commercial fish is void upon: 26.5 (1) the licensee's death; 26.6 (2) sale of the commercial fishing businesscessation of 26.7 commercial fishing operations within an assigned area, except as 26.8 provided by paragraph (c); 26.9 (3) removal of the commercial fishing business from the26.10 state;26.11 (4)conviction of two or more violations of inland 26.12 commercial fishing laws within a license period; or 26.13 (5)(4) failure to apply for a new or renewal license prior 26.14 to June 15 of any year. 26.15 (b) A commercial inland fishing license is not subject to 26.16 the license revocation provisions of section 97A.421. 26.17 Commercial fishing rights and area assignments covered by a 26.18 license that becomes void reverts to the commissioner for 26.19 reassignment. 26.20 (c) A person possessing a valid inland commercial fishing 26.21 license may apply to the commissioner for transfer of an 26.22 assigned commercial fishing area to another person. Upon 26.23 receipt of the application, the commissioner shall notify the 26.24 applicant that the application for transfer has been received 26.25 and shall determine if other people are interested in the 26.26 assigned area by: 26.27 (1) notifying the inland commercial fish trade association 26.28 in writing; and 26.29 (2) publishing notice in a newspaper of general circulation 26.30 in the vicinity of the assigned area. 26.31 These notices must allow interested persons 30 days to notify 26.32 the commissioner of their interest in the assigned area. Within 26.33 60 days after publishing notice, the commissioner shall review 26.34 the qualifications of all interested persons and approve or deny 26.35 the transfer based on the criteria in section 97C.815, 26.36 subdivision 2. If the transfer is denied, the licensee may 27.1 retain the license or request that it become void. 27.2 Sec. 47. Minnesota Statutes 1994, section 97C.815, 27.3 subdivision 4, is amended to read: 27.4 Subd. 4. [INLAND COMMERCIAL FISHING TRADE ASSOCIATION; 27.5 LICENSE PROBLEMS.] The commissioner shall consult with 27.6 representatives of the inland commercial fishing trade 27.7 association when disagreements arise in the areas of license 27.8 issuance, problems with performance pursuant to the license, 27.9 transfers of licenses, area assignments, and the entry of new 27.10 commercial fishing operators into the inland commercial fishery. 27.11 Sec. 48. Minnesota Statutes 1994, section 97C.835, 27.12 subdivision 1, is amended to read: 27.13 Subdivision 1. [COMMERCIAL FISHING LICENSE FOR LAKE 27.14 SUPERIOR.] (a) A license to fish commercially in Lake Superior 27.15 shall be issued onlyto a resident who possesses 5,000 feet of27.16 gill net of mesh sizes permitted in subdivisions 4 and 5 or two27.17 pound nets, hasmaximum of 50 residents. To qualify for 27.18 licensing, a resident must have landed fish in the previous year 27.19 with a value of at least $1,500, except for those state waters27.20 from Duluth to Silver Bay upon the discretion of the27.21 commissioner,and hasmust have engaged in commercial fishing 27.22 for at least 5030 days of the previous year. An applicant27.23 shall be issued a license without meeting these requirements if27.24 the applicant is 65 or more years of age and has held a license27.25 continuously since 1947.An applicant may be issued a license, 27.26 at the discretion of the commissioner, if failure to meet these27.27 the requirements for the dollar value of fish landed or number 27.28 of days fished resulted from illness or other mitigating 27.29 circumstances, or the applicant has reached the age of 65 and 27.30 has been licensed at least tenfive of the previous 15ten 27.31 years. Persons receiving licenses under these provisions for27.32 applicants 65 years of age or more must be in attendance at the27.33 setting and lifting of nets. The commissioner may issue27.34 multiple licenses to individuals who meet these requirements and27.35 have held multiple licenses prior to 1978.27.36 (b) A license may be issued to a resident who has not 28.1 previously fished commercially on Lake Superior and has not been 28.2 convicted of a game and fish law violation in the preceding 28.3 three years, if the applicant: 28.4 (1) shows a bill of sale indicating the purchase of gear 28.5 and facilities connected with an existing license; 28.6 (2) shows proof of inheritance of all the gear and 28.7 facilities connected with an existing license; or 28.8 (3) has served at least two years as a helperan apprentice 28.9 in a Minnesota Lake Superior licensed commercial fishing 28.10 operation. 28.11 Sec. 49. Minnesota Statutes 1994, section 97C.835, 28.12 subdivision 5, is amended to read: 28.13 Subd. 5. [GILL NETS; CISCOES.] Gill nets for taking 28.14 ciscoes and chubs may not be less than 2-1/4 inch extension 28.15 measure mesh and may not exceed 2-3/4 inch extension measure 28.16 mesh except that smaller or larger mesh sizes may be used under 28.17 a permit issued by the commissioner. 28.18 Sec. 50. Minnesota Statutes 1994, section 97C.841, is 28.19 amended to read: 28.20 97C.841 [ HELPER'SAPPRENTICE LICENSE.] 28.21 A person assisting the holder of a master's license, in28.22 with a commercial fishing license may list one person as an 28.23 apprentice on the license. A person acting as an apprentice for 28.24 a commercial fishing licensee must have an apprentice license. 28.25 The commercial fishing licensee or the apprentice listed on the 28.26 license must be present at all commercial fishing operations 28.27 including going to and from fishing locations, or in setting or 28.28 lifting nets, or removing fish from nets , must have a helper's28.29 license, unless the person is the holder of a master's license. 28.30 A person possessing an angling license may assist the holder of 28.31 a master's or apprentice license in going to and from fishing 28.32 locations, or in setting or lifting nets, or removing fish from 28.33 nets. 28.34 A helper'sAn apprentice license is transferable from one28.35 helperto another by the holder of a master's license applying 28.36 to the commissioner. 29.1 Sec. 51. Laws 1995, chapter 220, section 137, is amended 29.2 to read: 29.3 Sec. 137. [PUBLIC INPUT; REPORT.] 29.4 The commissioner of natural resources shall seek public 29.5 input and comment on sectionssection 135 and 136. By March 1, 29.6 1996, the commissioner shall report to the environment and 29.7 natural resources committees of the legislature with a summary 29.8 of the public comments received and any recommendations for 29.9 legislation. 29.10 Sec. 52. Laws 1995, chapter 238, section 1, subdivision 2, 29.11 is amended to read. 29.12 Subd. 2. [AUTHORIZATION.] Notwithstanding Minnesota 29.13 Statutes, section 103F.215, the counties of Crow Wing, Hubbard, 29.14 Cass, and Morrison may allow the sale or transfer, as a separate 29.15 parcel, of a lot within shoreland, as defined in Minnesota 29.16 Statutes, section 103F.205, subdivision 4, that: 29.17 (1) is located wholly within the Mississippi headwaters 29.18 corridor, as identified in the plan, or is located anywhere 29.19 within Crow Wing, Hubbard, Cass, or Morrison county; 29.20 (2) is one of a group of two or more contiguous lots that 29.21 have been under the same common ownership since July 1, 1981; 29.22 and 29.23 (3) does not meet the residential lot size requirements in 29.24 the model standards and criteria adopted by the commissioner of 29.25 natural resources under Minnesota Statutes, section 103F.211. 29.26 Sec. 53. [PUBLIC INPUT; REPORT.] 29.27 The commissioner of natural resources shall seek public 29.28 input and comments on the allowance to take antlered deer in 29.29 more than one zone, and whether the license issued under 29.30 Minnesota Statutes, section 97A.475, subdivision 2, clause (9), 29.31 shall be extended to archery and muzzle-loader hunters at no 29.32 additional fee. The commissioner must deliver a report on the 29.33 public input to the house and senate policy committees by March 29.34 1, 1997. 29.35 Sec. 54. [SALE OF STATE WILDLIFE LAND IN WASHINGTON 29.36 COUNTY.] 30.1 (a) Notwithstanding Minnesota Statutes, sections 94.09 and 30.2 94.10, and the public hearing requirement in Minnesota Statutes, 30.3 section 97A.135, subdivision 2a, the commissioner of natural 30.4 resources may sell land in a wildlife management area, described 30.5 in this section, by private sale for a consideration not less 30.6 than the appraised value, in accordance with the remaining 30.7 provisions of Minnesota Statutes, chapter 94, and section 30.8 97A.135. 30.9 (b) The conveyance shall be in a form approved by the 30.10 attorney general. 30.11 (c) The deed must contain a restrictive covenant that 30.12 prohibits the placement or construction of additional buildings 30.13 or structures, including corrals and animal shelters or pens, on 30.14 the property conveyed in this section. The cost for 30.15 constructing and maintaining any fencing on the property to be 30.16 conveyed shall be the sole responsibility of the purchaser. 30.17 (d) The land that may be sold is in the Hardwood Creek 30.18 wildlife management area in Washington County and is described 30.19 as: the South 487 feet of the North 520 feet of the West 770 30.20 feet of the Northwest Quarter of the Southeast Quarter (NW 1/4 30.21 SE 1/4), Section Twenty-seven (27), Township Thirty-two (32) 30.22 North, Range Twenty-one (21) West EXCEPT the North 440 feet of 30.23 the West 650 feet of said NW 1/4 SE 1/4. 30.24 (e) The conveyance in this section will provide the 30.25 adjacent landowner with a buffer between the landowner's 30.26 buildings and public hunting activities on the adjacent wildlife 30.27 area that surrounds the site and eliminate a problem with a 30.28 portion of the landowner's barn that lies on the existing state 30.29 property. 30.30 Sec. 55. [LAKE COUNTY LAND SALES RATIFIED.] 30.31 (a) Notwithstanding Minnesota Statutes, section 373.01, the 30.32 conveyances by Lake county, Minnesota, of the following county 30.33 fee lands are hereby ratified: 30.34 (1) one parcel of land sold October 29, 1993, by Lake 30.35 county, Minnesota, to Darrel and Harriet Kempffer, being a 30.36 five-acre county fee parcel of land described as the North 31.1 One-half of the West One-half (N 1/2 of W 1/2) of the West 31.2 One-half (W 1/2) of the Northwest Quarter of the Northwest 31.3 Quarter (NW 1/4 of NW 1/4), Section Two (2), Township Fifty-two 31.4 (52) North, Range Eleven (11) West, Lake county, Minnesota, 31.5 constituting five acres; 31.6 (2) four parcels of land sold July 18, 1994, by Lake 31.7 county, Minnesota, described as: 31.8 (i) Lot One (1), Five Mile Hill Plat, Lake county, 31.9 Minnesota, sold to Diane Cullen; 31.10 (ii) Lot Four (4), Five Mile Hill Plat, Lake county, 31.11 Minnesota, sold to Thomas Muehlburger; 31.12 (iii) Lot Seven (7), Five Mile Hill Plat, Lake county, 31.13 Minnesota, sold to Thomas Muehlburger; 31.14 (iv) Lot Six (6), Five Mile Hill Plat, Lake county, 31.15 Minnesota, sold to John McClellan; 31.16 (3) four parcels of land sold October 7, 1994, by Lake 31.17 county, Knife River, Minnesota, described as: 31.18 (i) Lot One (1), Granite Point Plat, Lake county, 31.19 Minnesota, sold to Tim Stoddart; 31.20 (ii) Lot Two (2), Granite Point Plat, Lake county, 31.21 Minnesota, sold to Tim Stoddart; 31.22 (iii) Lot Three (3), Granite Point Plat, Lake county, 31.23 Minnesota, sold to Lee Jensen; 31.24 (iv) Lot Four (4), Granite Point Plat, Lake county, 31.25 Minnesota, sold to Lee Jensen; and 31.26 (4) a parcel of land sold July 21, 1995, by Lake county, 31.27 Minnesota, described as: 31.28 The East Two Hundred Eight and 7/10 (E.208.7) feet of the 31.29 West Eight Hundred Thirty-four and 8/10 (W.834.8) of the South 31.30 Two Hundred Forty-two (S.242) feet of the South One-half (S 1/2) 31.31 of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 31.32 1/4), Section Five (5), Township Fifty-nine (59) North, Range 31.33 Eight (8) West, Stony River Township, Lake county, sold to 31.34 Dorothy Johnson. 31.35 (b) Through an error, the sales of the lands described in 31.36 paragraph (a) were conducted using the procedure for public 32.1 sales of tax-forfeited lands rather than the applicable public 32.2 sale procedure in Minnesota Statutes, section 373.01. 32.3 Sec. 56. [PERSONAL FLOTATION DEVICE RULES; VIOLATIONS.] 32.4 A violation prior to May 1, 1997, of requirements added in 32.5 the proposed rule published in the State Register, Volume 19, 32.6 Number 45, pages 2207 to 2210, May 8, 1995, and subsequently 32.7 adopted on October 2, 1995, shall not result in a penalty, but 32.8 is punishable only by a safety warning. 32.9 Sec. 57. [REPEALER.] 32.10 Minnesota Statutes 1994, sections 84.09 and 84.14; and Laws 32.11 1995, chapter 220, section 136, are repealed. 32.12 Sec. 58. [INSTRUCTION TO REVISOR.] 32.13 In each section of Minnesota Statutes referred to in column 32.14 A, the revisor of statutes shall delete the reference in column 32.15 B and insert the reference in column C. The references in 32.16 column C may be changed by the revisor to the section of 32.17 Minnesota Statutes in which the bill sections are compiled. 32.18 Column A Column B Column C 32.19 84.42 84.09 84.091 32.20 97A.025 84.09 84.091 32.21 97A.065 84.09 84.091 32.22 Sec. 59. [EFFECTIVE DATE.] 32.23 Sections 52 and 56 are effective the day following final 32.24 enactment.