Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 226-S.F.No. 1115 
           An act relating to natural resources; modifying 
          provisions relating to aquaculture; providing 
          penalties; amending Minnesota Statutes 1992, sections 
          17.4982, subdivisions 1, 8, and by adding a 
          subdivision; 17.4983, subdivision 2; 17.4984, 
          subdivision 2; 17.4985, subdivisions 2 and 3; 17.4986, 
          subdivision 2, and by adding a subdivision; 17.4991, 
          subdivisions 3, 4, and by adding a subdivision; 
          17.4992, subdivision 3; 18B.26, subdivision 1; 
          97C.203; 97C.515, subdivision 4, and by adding a 
          subdivision; 97C.525, subdivision 3; and 103G.2241; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 17. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 17.4982, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to sections 17.4981 to 17.4997 17.4998. 
    Sec. 2.  Minnesota Statutes 1992, section 17.4982, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [AQUACULTURE THERAPEUTICS.] "Aquaculture 
therapeutics" means drugs, medications, and disease control 
chemicals that are approved for aquaculture use by the United 
States Food and Drug Administration or the United States 
Environmental Protection Agency. 
    Sec. 3.  Minnesota Statutes 1992, section 17.4982, 
subdivision 8, is amended to read: 
    Subd. 8.  [CONTAINMENT FACILITY.] "Containment facility" 
means a licensed facility for salmonids or catfish that complies 
with clauses (1), (3), and (4), or clauses (2), (3), and (4): 
    (1) disinfects its effluent to the standards in section 
17.4991 before the effluent is discharged to public waters, if 
the facility contains catfish and discharges into or upstream of 
waters containing catfish or if the facility contains salmonids 
and discharges into or upstream of waters containing salmonids; 
    (2) does not discharge to public waters or to waters of the 
state directly connected to public waters; 
    (3) raises aquatic life for food consumption only; 
    (4) contains aquatic life requiring a fish health 
inspection prior to transportation. 
    Sec. 4.  Minnesota Statutes 1992, section 17.4983, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACQUISITION FROM STATE.] (a) The commissioner 
may sell aquatic life to licensed facilities at fair wholesale 
market value.  Fair wholesale market value must be determined by 
the average market price charged in this state and contiguous 
states and provinces for similar quantities. 
    (b) The commissioner shall establish procedures to make 
aquatic life available to licensed facilities if state aquatic 
life would otherwise die or go to waste, such as in cases of 
winterkill lakes, waters where piscicides will be applied, and 
waters subject to extreme draw-down.  The public must be given 
angling opportunities if public access is available. 
    (c) The commissioner shall attempt to provide opportunities 
to make brood stock available to licensed facilities to reduce 
reliance on out-of-state sources without causing adverse impacts 
to game fish populations. 
    (d) If the commissioner denies approval to obtain aquatic 
life outside the state, a written notice must be submitted to 
the applicant stating the reasons for denial, and the 
commissioner shall: 
    (1) designate approved sources if available to obtain the 
desired aquatic life; or 
    (2) sell the aquatic life from state hatcheries at 
fair wholesale market value if there is a surplus from state 
operations. 
    Sec. 5.  Minnesota Statutes 1992, section 17.4984, 
subdivision 2, is amended to read: 
    Subd. 2.  [LISTED WATERS.] (a) An aquatic farm license must 
list: 
    (1) the specific waters of the state that may be used in 
connection with the licensed aquatic farm and the species 
approved for each licensed water; and 
    (2) whether aeration requiring a permit is approved; and 
    (3) whether piscicide use is approved.  
Additional waters may not be used until they are approved by the 
commissioner. 
    (b) The right to use waters licensed for private fish 
hatchery or aquatic farm purposes may be transferred between 
licensees with prior approval by the commissioner if 
requirements for species to be raised are met.  Waters that are 
continually connected by a permanent watercourse to other waters 
must not be approved for aquatic farm use, except that connected 
waters that are isolated from other waters may be licensed as a 
single water body.  Waters that are intermittently connected or 
may become connected with other waters may be denied, or 
screening or other measures may be required to prevent passage 
of aquatic life.  Listed waters may be changed on approval by 
the area fisheries supervisor or the commissioner. 
    (c) The commissioner shall conduct an inspection of waters 
to be licensed prior to approving or denying initial licensing 
of the waters. 
    (d) Waters containing game fish of significant public value 
may be denied licensing unless the applicant can demonstrate 
exclusive riparian control. 
    (e) Waters containing game fish of significant public value 
may be denied licensing unless the game fish of significant 
public value are sold to the licensee, removed for other state 
use by the department of natural resources, or disposed of as 
provided in writing by the commissioner.  
    (f) Waters licensed under an aquatic farm license may be 
aerated during open water periods without a separate aeration 
permit.  
    Sec. 6.  Minnesota Statutes 1992, section 17.4985, 
subdivision 2, is amended to read: 
    Subd. 2.  [BILL OF LADING.] (a) A person may transport 
aquatic life except salmonids or catfish with a completed bill 
of lading for: 
    (1) intrastate transportation of aquatic life between 
licensed private fish hatcheries, aquatic farms, or aquarium 
facilities licensed for the same species and of the proper 
classification for the aquatic life if the aquatic life is being 
transported into a watershed where it is not currently present 
or if the original source of the aquatic life is outside 
Minnesota and contiguous states; and 
    (2) stocking of waters other than public waters.  
    (b) When aquatic life is transported between licensed 
private fish hatcheries, aquatic farms, or aquarium facilities 
under paragraph (a), a copy of the bill of lading must be 
submitted to the regional fisheries manager:  
    (1) at least 72 hours before the transportation if species 
transported into a watershed are not found in it, or have their 
original source outside Minnesota and contiguous states; or 
    (2) within 30 days in cases not covered by clause (1). 
    (c) A bill of lading is also required at least 72 hours 
before any transportation between licensed waters of the same 
licensee if species transported into a watershed are not found 
in it, or have their original source outside Minnesota and 
contiguous states. 
    (d) For transportation and stocking of waters that are not 
public waters: 
    (1) a bill of lading must be submitted to the regional 
fisheries manager 72 hours before transporting fish for 
stocking; 
    (2) a bill of lading must be submitted to the regional 
fisheries manager within five days after stocking if the waters 
to be stocked are confirmed by telecopy or telephone prior to 
stocking by the regional fisheries office not to be public 
waters; or 
    (3) a completed bill of lading may be submitted to the 
regional fisheries office by telecopy prior to transporting fish 
for stocking.  Confirmation that the waters to be stocked are 
not public waters may be made by returning the bill of lading by 
telecopy or in writing, in which cases additional copies need 
not be submitted to the department of natural resources. 
    (e) (d) Bill of lading forms may only be issued by the 
department of natural resources in St. Paul, and new bill of 
lading forms may not be issued until all previously issued forms 
have been returned. 
    Sec. 7.  Minnesota Statutes 1992, section 17.4985, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS 
OF LADING.] (a) A bill of lading or transportation permit is not 
required by an aquatic farm licensee for importation, 
transportation, or export for the following: 
    (1) minnows taken under an aquatic farm license in this 
state and transported intrastate; 
    (2) aquarium or ornamental fish including goldfish and 
tropical, subtropical, and saltwater species that cannot survive 
in the waters of the state, which may be imported or transported 
if accompanied by shipping documents; 
    (3) fish or fish eggs that have been processed for use as 
food, bait, or other purposes unrelated to fish propagation; 
    (4) live fish, except salmonids and catfish, from a 
licensed aquatic farm, which may be transported directly to an 
outlet for processing or for other food purposes if accompanied 
by shipping documents; 
    (5) fish being exported if accompanied by shipping 
documents; 
    (6) sucker eggs, sucker fry, or fathead minnows transported 
intrastate for bait propagation or feeding of cultural aquatic 
life; 
    (7) species of fish that are found within the state used in 
connection with public shows, exhibits, demonstrations, or 
fishing pools for periods not exceeding 14 days; or 
    (8) transfer of aquatic life between licensed waters of the 
same licensee intrastate transportation of aquatic life between 
licensed private fish hatcheries, aquatic farms, or aquarium 
facilities licensed for the same species and of the proper 
facility classification for the aquatic life, except where 
required in subdivision 2 and except that salmonids and catfish 
may only be transferred or transported intrastate without a 
transportation permit if they had no record of bacterial kidney 
disease at the time they were imported into the state and if the 
most recent fish health inspection since importation has shown 
no certifiable diseases to be present. 
    Aquatic life being transferred between licensed private 
fish hatcheries, aquatic farms, or aquarium facilities must be 
accompanied by shipping documents and salmonids and catfish 
being transferred or transported intrastate without a 
transportation permit must be accompanied by a copy of their 
most recent fish health inspection. 
    (b) Shipping documents required under paragraph (a) must 
show the place of origin, owner or consignee, destination, 
number, and species. 
    Sec. 8.  Minnesota Statutes 1992, section 17.4986, 
subdivision 2, is amended to read: 
    Subd. 2.  [LICENSED FACILITIES.] (a) The commissioner shall 
issue transportation permits to import: 
    (1) indigenous and naturalized species except trout, 
salmon, and catfish from any source to a standard facility; 
    (2) trout, salmon, and catfish from a nonemergency disease 
area to a containment facility if the fish are certified within 
the previous year to be free of certifiable diseases, except 
that eggs with enteric redmouth, whirling disease, or 
furunculosis may be imported following treatment approved by the 
commissioner, and fish with bacterial kidney disease may be 
imported into areas where the disease has been previously 
introduced; and 
    (3) trout, salmon, and catfish from a facility in a 
nonemergency disease area with a disease-free history of three 
years or more to a standard facility, except that eggs with 
enteric redmouth, whirling disease, or furunculosis may be 
imported following treatment approved by the commissioner, and 
fish with bacterial kidney disease may be imported into areas 
where the disease has been previously introduced.  
    (b) If a source facility in an emergency a nonemergency 
disease area cannot demonstrate a history free from disease, 
aquatic life may only be imported into a quarantine facility. 
    Sec. 9.  Minnesota Statutes 1992, section 17.4986, is 
amended by adding a subdivision to read: 
    Subd. 4.  [DISEASE-FREE HISTORY.] When disease-free 
histories of more than one year are required for importing 
salmonids or catfish, the disease history must be of consecutive 
years that include the year previous to, or the year of, the 
transportation request. 
    Sec. 10.  Minnesota Statutes 1992, section 17.4991, 
subdivision 3, is amended to read: 
    Subd. 3.  [FISH HEALTH INSPECTION.] (a) An aquatic farm 
propagating trout, salmon, or catfish and having an effluent 
discharge from the aquatic farm into public waters must have an 
annual fish health inspection conducted by a certified fish 
health inspector.  Testing must be conducted according to 
approved laboratory methods. 
    (b) A health inspection fee must be charged based on each 
lot of fish sampled.  The fee by check or money order payable to 
the department of natural resources must be prepaid or paid at 
the time a bill or notice is received from the commissioner that 
the inspection and processing of samples is completed. 
    (c) Upon receipt of payment and completion of inspection, 
the commissioner shall notify the operator and issue a fish 
health certificate.  The certification must be made according to 
the Fish Health Blue Book by a person certified as a fish health 
inspector. 
    (d) All aquatic life in transit or held at transfer 
stations within the state may be inspected by the commissioner.  
This inspection may include the collection of stock for purposes 
of pathological analysis.  Sample size necessary for analysis 
will follow guidelines listed in the Fish Health Blue Book. 
    (e) Salmonids and catfish must have a fish health 
inspection before being transported from a containment facility, 
unless the fish are being transported directly to an outlet for 
processing or other food purposes or unless the commissioner 
determines that an inspection is not needed.  A fish health 
inspection conducted for this purpose need only be done on the 
lot or lots of fish that will be transported.  The commissioner 
must conduct a fish health inspection requested for this purpose 
within five working days of receiving written notice.  Salmonids 
and catfish may be immediately transported from a containment 
facility to another containment facility once a sample has been 
obtained for a health inspection or once the five-day notice 
period has expired. 
    Sec. 11.  Minnesota Statutes 1992, section 17.4991, 
subdivision 4, is amended to read: 
    Subd. 4.  [EMERGENCY DISEASE DETERMINATION.] If emergency 
diseases exist, the commissioner may order the fish aquatic life 
in the facility to be impounded, confiscated, sold, or destroyed 
and the facility disinfected.  The commissioner shall make every 
effort to allow disposed fish aquatic life to be sold for market 
if there is no imminent danger of a significant adverse impact 
on natural fish populations or human health or of escape of the 
pathogen to public waters. 
    Sec. 12.  Minnesota Statutes 1992, section 17.4991, is 
amended by adding a subdivision to read: 
    Subd. 5.  [AQUACULTURE THERAPEUTICS REGISTRATION.] (a) 
Aquaculture therapeutics must be registered and labeled in 
accordance with rules adopted by the commissioner of agriculture 
relating to drugs and feed additives. 
    (b) The department of agriculture may not require 
registration of those aquaculture therapeutics designated as low 
regulatory priority by the United States Food and Drug 
Administration. 
    Sec. 13.  Minnesota Statutes 1992, section 17.4992, 
subdivision 3, is amended to read: 
    Subd. 3.  [ACQUISITION OF FISH FOR BROOD STOCK.] Game fish 
brood stock may be sold to private fish hatcheries or aquatic 
farms by the state at fair wholesale market value.  As a 
one-time purchase for brood stock development, up to 20 pair of 
adults may be provided, if available, by the state through 
normal operations. 
    Sec. 14.  [17.4998] [VIOLATIONS; PENALTY.] 
    Unless a different penalty is prescribed, a violation of a 
provision of sections 17.4981 to 17.4997 or a rule of the 
commissioner governing the operation of an aquatic farm, private 
fish hatchery, or quarantine facility is a misdemeanor. 
    Sec. 15.  Minnesota Statutes 1992, section 18B.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] (a) A person may not use or 
distribute a pesticide in this state unless it is registered 
with the commissioner.  Aquaculture therapeutics shall be 
registered and labeled in the same manner as pesticides.  
Pesticide registrations expire on December 31 of each year and 
may be renewed on or before that date for the following calendar 
year.  
    (b) Registration is not required if a pesticide is shipped 
from one plant or warehouse to another plant or warehouse 
operated by the same person and used solely at the plant or 
warehouse as an ingredient in the formulation of a pesticide 
that is registered under this chapter. 
    (c) An unregistered pesticide that was previously 
registered with the commissioner may be used only with the 
written permission of the commissioner.  
    (d) Each pesticide with a unique United States 
Environmental Protection Agency pesticide registration number or 
a unique brand name must be registered with the commissioner.  
    Sec. 16.  Minnesota Statutes 1992, section 97C.203, is 
amended to read: 
    97C.203 [DISPOSAL OF STATE HATCHERY EGGS OR FRY.] 
    The commissioner shall dispose of game fish eggs and fry 
according to the following order of priorities:  
    (1) distribution of fish eggs and fry to state hatcheries 
to hatch fry or raise fingerlings for stocking waters of the 
state for recreational fishing; and 
    (2) sale of fish eggs and fry to private fish hatcheries or 
licensed aquatic farms to hatch fry or raise fingerlings to 
stock waters of this state with fingerlings for recreational 
fishing at a price not less than the wholesale fair market 
value, established as the average price charged at the state's 
private hatcheries and contiguous states per volume rates; and 
    (3) sale at fair market value, established as the average 
price charged at the state's private sources and contiguous 
states per volume rates of fish eggs and fry to private fish 
hatcheries and aquatic farms to hatch fry or raise fingerlings 
for sale. 
    Sec. 17.  Minnesota Statutes 1992, section 97C.515, 
subdivision 4, is amended to read: 
    Subd. 4.  [PRIVATE FISH HATCHERY OR AQUATIC FARM.] A person 
with a private fish hatchery or aquatic farm license may 
transport minnows from contiguous states to the private fish 
hatchery or aquatic farm, provided the minnows are used for 
processing or feeding hatchery fish.  The commissioner may 
require inspection of minnows transported from outside the state.
     Sec. 18.  Minnesota Statutes 1992, section 97C.515, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SPECIAL PERMITS.] (a) The commissioner may issue 
a special permit, without a fee, to allow a person with a 
private fish hatchery license to import minnows from other 
states for export.  A permit under this subdivision is not 
required for importation authorized under subdivision 4. 
    (b) An applicant for a permit under this subdivision shall 
submit to the commissioner sufficient information to identify 
potential threats to native plant and animal species and an 
evaluation of the feasibility of the proposal.  The permit may 
include reasonable restrictions on importation, transportation, 
possession, containment, and disposal of minnows to ensure that 
native species are protected.  The permit may have a term of up 
to two years and may be modified, suspended, or revoked by the 
commissioner for cause, including violation of a condition of 
the permit. 
    Sec. 19.  Minnesota Statutes 1992, section 97C.525, 
subdivision 3, is amended to read: 
    Subd. 3.  [MINNOW DEALERS AND HAULERS.] A resident minnow 
dealer or a nonresident exporting minnow hauler may 
transport leeches, suckers, and fathead minnows out of the 
state.  A nonresident exporting minnow hauler must possess a 
bill of lading issued by a minnow dealer with an exporting 
minnow dealer's license.  The bill of lading must be on a form 
furnished by the commissioner and must state the exporting 
minnow hauler's name and address, the route through the state, 
number and species of minnows, and the time it was issued. 
     Sec. 20.  Minnesota Statutes 1992, section 103G.2241, is 
amended to read: 
    103G.2241 [EXEMPTIONS.] 
    Subdivision 1.  [EXEMPTIONS.] (a) Subject to the conditions 
in paragraph (b), a replacement plan for wetlands is not 
required for:  
    (1) activities in a wetland that was planted with annually 
seeded crops, was in a crop rotation seeding of pasture grasses 
or legumes, or was required to be set aside to receive price 
support or other payments under United States Code, title 7, 
sections 1421 to 1469, in six of the last ten years prior to 
January 1, 1991; 
    (2) activities in a wetland that is or has been enrolled in 
the federal conservation reserve program under United States 
Code, title 16, section 3831, that: 
    (i) was planted with annually seeded crops, was in a crop 
rotation seeding, or was required to be set aside to receive 
price support or payment under United States Code, title 7, 
sections 1421 to 1469, in six of the last ten years prior to 
being enrolled in the program; and 
    (ii) has not been restored with assistance from a public or 
private wetland restoration program; 
    (3) activities necessary to repair and maintain existing 
public or private drainage systems as long as wetlands that have 
been in existence for more than 20 years are not drained; 
    (4) activities in a wetland that has received a commenced 
drainage determination provided for by the federal Food Security 
Act of 1985, that was made to the county agricultural 
stabilization and conservation service office prior to September 
19, 1988, and a ruling and any subsequent appeals or reviews 
have determined that drainage of the wetland had been commenced 
prior to December 23, 1985; 
     (5) activities exempted from federal regulation under 
United States Code, title 33, section 1344(f); 
     (6) activities authorized under, and conducted in 
accordance with, an applicable general permit issued by the 
United States Army Corps of Engineers under section 404 of the 
federal Clean Water Act, United States Code, title 33, section 
1344, except the nationwide permit in Code of Federal 
Regulations, title 33, section 330.5, paragraph (a), clause 
(14), limited to when a new road crosses a wetland, and all of 
clause (26); 
     (7) activities in a type 1 wetland on agricultural land, as 
defined in United States Fish and Wildlife Circular No. 39 (1971 
edition) except for bottomland hardwood type 1 wetlands; 
     (8) activities in a type 2 wetland that is two acres in 
size or less located on agricultural land; 
     (9) activities in a wetland restored for conservation 
purposes under a contract or easement providing the landowner 
with the right to drain the restored wetland; 
     (10) activities in a wetland created solely as a result of: 
     (i) beaver dam construction; 
     (ii) blockage of culverts through roadways maintained by a 
public or private entity; 
     (iii) actions by public entities that were taken for a 
purpose other than creating the wetland; or 
     (iv) any combination of (i) to (iii); 
     (11) placement, maintenance, repair, enhancement, or 
replacement of utility or utility-type service, including the 
transmission, distribution, or furnishing, at wholesale or 
retail, of natural or manufactured gas, electricity, telephone, 
or radio service or communications if: 
     (i) the impacts of the proposed project on the hydrologic 
and biological characteristics of the wetland have been avoided 
and minimized to the extent possible; and 
     (ii) the proposed project significantly modifies or alters 
less than one-half acre of wetlands; 
     (12) activities associated with routine maintenance of 
utility and pipeline rights-of-way, provided the activities do 
not result in additional intrusion into the wetland; 
     (13) alteration of a wetland associated with the operation, 
maintenance, or repair of an interstate pipeline; 
    (14) temporarily crossing or entering a wetland to perform 
silvicultural activities, including timber harvest as part of a 
forest management activity, so long as the activity limits the 
impact on the hydrologic and biologic characteristics of the 
wetland; the activities do not result in the construction of 
dikes, drainage ditches, tile lines, or buildings; and the 
timber harvesting and other silvicultural practices do not 
result in the drainage of the wetland or public waters; 
    (15) permanent access for forest roads across wetlands so 
long as the activity limits the impact on the hydrologic and 
biologic characteristics of the wetland; the construction 
activities do not result in the access becoming a dike, drainage 
ditch or tile line; with filling avoided wherever possible; and 
there is no drainage of the wetland or public waters; 
    (16) activities associated with routine maintenance or 
repair of existing public highways, roads, streets, and bridges, 
provided the activities do not result in additional intrusion 
into the wetland and do not result in the draining or filling, 
wholly or partially, of a wetland outside of the existing 
right-of-way; 
    (17) emergency repair and normal maintenance and repair of 
existing public works, provided the activity does not result in 
additional intrusion of the public works into the wetland and do 
not result in the draining or filling, wholly or partially, of a 
wetland; 
    (18) normal maintenance and minor repair of structures 
causing no additional intrusion of an existing structure into 
the wetland, and maintenance and repair of private crossings 
that do not result in the draining or filling, wholly or 
partially, of a wetland; 
     (19) duck blinds; 
    (20) aquaculture activities, except building or altering of 
docks and activities involving the draining or filling, wholly 
or partially, of a wetland including pond excavation and 
construction and maintenance of associated access roads and 
dikes authorized under, and conducted in accordance with, a 
permit issued by the United States Army Corps of Engineers under 
section 404 of the federal Clean Water Act, United States Code, 
title 33, section 1344, but not including construction or 
expansion of buildings; 
    (21) wild rice production activities, including necessary 
diking and other activities authorized under a permit issued by 
the United State Army Corps of Engineers under section 404 of 
the federal Clean Water Act, United States Code, title 33, 
section 1344; 
    (22) normal agricultural practices to control pests or 
weeds, defined by rule as either noxious or secondary weeds, in 
accordance with applicable requirements under state and federal 
law, including established best management practices; 
    (23) activities in a wetland that is on agricultural land 
annually enrolled in the federal Food, Agricultural, 
Conservation, and Trade Act of 1990, United States Code, title 
16, section 3821, subsection (a), clauses (1) to (3), as 
amended, and is subject to sections 1421 to 1424 of the federal 
act in effect on January 1, 1991, except that land enrolled in a 
federal farm program is eligible for easement participation for 
those acres not already compensated under a federal program; 
    (24) development projects and ditch improvement projects in 
the state that have received preliminary or final plat approval, 
or infrastructure that has been installed, or having local site 
plan approval, conditional use permits, or similar official 
approval by a governing body or government agency, within five 
years before July 1, 1991.  In the seven-county metropolitan 
area and in cities of the first and second class, plat approval 
must be preliminary as approved by the appropriate governing 
body. 
    (b) A person conducting an activity in a wetland under an 
exemption in paragraph (a) shall ensure that: 
    (1) appropriate erosion control measures are taken to 
prevent sedimentation of the water; 
    (2) the activity does not block fish passage in a 
watercourse; and 
    (3) the activity is conducted in compliance with all other 
applicable federal, state, and local requirements, including 
best management practices and water resource protection 
requirements established under chapter 103H. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 10:55 a.m.