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Office of the Revisor of Statutes

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                            CHAPTER 410-S.F.No. 2445 
                  An act relating to natural resources; clarifying 
                  status of game refuge designations; modifying 
                  provisions for aquatic farms; modifying provisions for 
                  recreational vehicles; removing the residency 
                  requirement for youth hunting; permitting nonresident 
                  students to take big game; defining terms; modifying 
                  provisions relating to short-term fishing licenses, 
                  special permits, commercial fishing, taking fish, 
                  taking deer, blaze orange, trout and salmon stamps, 
                  and sturgeon and paddlefish; modifying provisions for 
                  stocking fish; modifying provisions related to wild 
                  rice and disposal of state hatchery eggs or fry; 
                  requiring reports; ratifying certain conveyances of 
                  county fee lands; permitting the sale of certain state 
                  wildlife land; modifying certain provisions for 
                  shoreland transfers; modifying penalty provisions for 
                  personal flotation device violations; amending 
                  Minnesota Statutes 1994, sections 17.4982, 
                  subdivisions 8, 10, 17, 21, and by adding a 
                  subdivision; 17.4984, subdivisions 2 and 7; 17.4985, 
                  subdivisions 2 and 3; 17.4986; 17.4988, subdivisions 2 
                  and 4; 17.4991, subdivision 3; 17.4992, subdivisions 2 
                  and 3; 17.4993, subdivision 1; 97A.015, subdivision 
                  20, and by adding a subdivision; 97A.401, subdivision 
                  4; 97A.411, subdivision 1; 97A.451, by adding a 
                  subdivision; 97A.455; 97A.475, subdivisions 30, 31, 
                  32, 33, 34, 35, 36, and 37; 97A.535, by adding a 
                  subdivision; 97B.021, subdivision 1; 97B.071; 97B.311; 
                  97C.035, subdivision 3; 97C.203; 97C.205; 97C.305, 
                  subdivision 2; 97C.411; 97C.811, subdivision 6; 
                  97C.815, subdivision 4; 97C.835, subdivisions 1 and 5; 
                  and 97C.841; Minnesota Statutes 1995 Supplement, 
                  sections 14.386; 14.387; 84.788, subdivision 3; 
                  84.922, subdivision 2; and 97A.451, subdivision 3; 
                  Laws 1995, chapters 220, section 137; and 238, section 
                  1, subdivision 2; proposing coding for new law in 
                  Minnesota Statutes, chapter 84; repealing Minnesota 
                  Statutes 1994, sections 84.09 and 84.14; Laws 1995, 
                  chapter 220, section 136. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        14.386, is amended to read: 
           14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 
           (a) A rule adopted, amended, or repealed by an agency, 
        under a statute authorizing or requiring rules to be adopted but 
        excluded from the rulemaking provisions of chapter 14 or from 
        the definition of a rule, has the force and effect of law only 
        if: 
           (1) the revisor of statutes approves the form of the rule 
        by certificate; 
           (2) the office of administrative hearings approves the rule 
        as to its legality within 14 days after the agency submits it 
        for approval and files two copies of the rule with the revisor's 
        certificate in the office of the secretary of state; and 
           (3) a copy is published by the agency in the State Register.
           (b) A rule adopted under this section is effective for a 
        period of two years from the date of publication of the rule in 
        the State Register.  The authority for the rule expires at the 
        end of this two-year period. 
           (c) The chief administrative law judge shall adopt rules 
        relating to the rule approval duties imposed by this section and 
        section 14.388, including rules establishing standards for 
        review. 
           (d) This section does not apply to rules adopted, amended, 
        or repealed under section 14.388. 
           This section also does not apply to: 
           (1) rules implementing emergency powers pursuant to 
        sections 12.31 to 12.37; 
           (2) rules of agencies directly in the legislative or 
        judicial branches; 
           (3) rules of the regents of the University of Minnesota; 
           (4) rules of the department of military affairs; 
           (5) rules of the comprehensive health association provided 
        in section 62E.10; 
           (6) rules of the tax court provided by section 271.06; 
           (7) rules concerning only the internal management of the 
        agency or other agencies, and which do not directly affect the 
        rights of or procedure available to the public; 
           (8) rules of the commissioner of corrections relating to 
        the placement and supervision of inmates serving a supervised 
        release term, the internal management of institutions under the 
        commissioner's control, and rules adopted under section 609.105 
        governing the inmates of those institutions; 
           (9) rules relating to weight limitations on the use of 
        highways when the substance of the rules is indicated to the 
        public by means of signs; 
           (10) opinions of the attorney general; 
           (11) the systems architecture plan and long-range plan of 
        the state education management information system provided by 
        section 121.931; 
           (12) the data element dictionary and the annual data 
        acquisition calendar of the department of children, families, 
        and learning to the extent provided by section 121.932; 
           (13) the occupational safety and health standards provided 
        in section 182.655; 
           (14) revenue notices and tax information bulletins of the 
        commissioner of revenue; 
           (15) uniform conveyancing forms adopted by the commissioner 
        of commerce under section 507.09; 
           (16) game and fish rules of the commissioner of natural 
        resources adopted under section 84.027, subdivision 13, or 
        sections 97A.0451 to 97A.0459; or 
           (17) experimental and special management waters designated 
        by the commissioner of natural resources under sections 97C.001 
        and 97C.005; or 
           (18) game refuges designated by the commissioner of natural 
        resources under section 97A.085. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        14.387, is amended to read: 
           14.387 [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
           A rule adopted on or before May 26, 1995, and which was not 
        adopted under sections 14.05 to 14.28 or their predecessor 
        provisions, does not have the force and effect of law on and 
        after July 1, 1997, and the authority for the rule expires on 
        that date.  
           This section does not apply to: 
           (1) rules implementing emergency powers under sections 
        12.31 to 12.37; 
           (2) rules of agencies directly in the legislative or 
        judicial branches; 
           (3) rules of the regents of the University of Minnesota; 
           (4) rules of the department of military affairs; 
           (5) rules of the comprehensive health association provided 
        in section 62E.10; 
           (6) rules of the tax court provided by section 271.06; 
           (7) rules concerning only the internal management of the 
        agency or other agencies, and which do not directly affect the 
        rights of or procedure available to the public; 
           (8) rules of the commissioner of corrections relating to 
        the placement and supervision of inmates serving a supervised 
        release term, the internal management of institutions under the 
        commissioner's control, and rules adopted under section 609.105 
        governing the inmates of those institutions; 
           (9) rules relating to weight limitations on the use of 
        highways when the substance of the rules is indicated to the 
        public by means of signs; 
           (10) opinions of the attorney general; 
           (11) the systems architecture plan and long-range plan of 
        the state education management information system provided by 
        section 121.931; 
           (12) the data element dictionary and the annual data 
        acquisition calendar of the department of education to the 
        extent provided by section 121.932; 
           (13) the occupational safety and health standards provided 
        in section 182.655; 
           (14) revenue notices and tax information bulletins of the 
        commissioner of revenue; 
           (15) uniform conveyancing forms adopted by the commissioner 
        of commerce under section 507.09; 
           (16) game and fish rules of the commissioner of natural 
        resources adopted under section 84.027, subdivision 13, or 
        sections 97A.0451 to 97A.0459; or 
           (17) experimental and special management waters designated 
        by the commissioner of natural resources under sections 97C.001 
        and 97C.005; or 
           (18) game refuges designated by the commissioner of natural 
        resources under section 97A.085. 
           Sec. 3.  Minnesota Statutes 1994, 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; 
           (2) does not discharge to public waters or to waters of the 
        state directly connected to public waters; 
           (3) raises aquatic life that is prohibited from being 
        released into the wild and must be kept in a facility approved 
        by the commissioner unless processed for food consumption only; 
           (4) contains aquatic life requiring a fish health 
        inspection prior to transportation. 
           Sec. 4.  Minnesota Statutes 1994, section 17.4982, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [EMERGENCY ENZOOTIC DISEASE AREA.] "Emergency 
        enzootic disease area" means an enzootic disease area that 
        harbors an emergency fish disease.  Trout, salmon, or catfish 
        species are from an emergency enzootic disease area only if the 
        individual species in question can carry one or more of the 
        emergency fish disease pathogens present. 
           Sec. 5.  Minnesota Statutes 1994, section 17.4982, 
        subdivision 10, is amended to read: 
           Subd. 10.  [ENZOOTIC DISEASE AREA.] "Enzootic disease area" 
        means a disease that is known to occur within an area with 
        well-defined geographic boundaries which harbors one or more 
        certifiable diseases pathogens. 
           Sec. 6.  Minnesota Statutes 1994, section 17.4982, 
        subdivision 17, is amended to read: 
           Subd. 17.  [LOT.] "Lot" means a group of fish of the same 
        species and age that originated from the same discrete spawning 
        population and that always have shared a common water supply., 
        or various age groups of adult brood stock of the same 
        species may comprise the same lot if they that have shared the 
        same containers for one brood cycle. 
           Sec. 7.  Minnesota Statutes 1994, section 17.4982, 
        subdivision 21, is amended to read: 
           Subd. 21.  [STANDARD FACILITY.] "Standard facility" means a 
        licensed facility with a continual or intermittent discharge of 
        effluent to public waters that is not a quarantine or 
        containment facility. 
           Sec. 8.  Minnesota Statutes 1994, 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. 
        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, at the commissioner's option, 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. 9.  Minnesota Statutes 1994, section 17.4984, 
        subdivision 7, is amended to read: 
           Subd. 7.  [NONPUBLIC RECORDS.] (a) Licensees must keep 
        complete, up-to-date, nonpublic records of the operation of the 
        aquatic farm.  The records must be kept remain available for at 
        least three years. 
           (b) The records must be in English and include the 
        following information: 
           (1) for each species acquired, the number and pounds of 
        fish or eggs acquired, names and addresses of the sources from 
        which acquired, and the dates of receipt; 
           (2) for each species sold or disposed of, the number and 
        pounds of fish sold or disposed of, the names and addresses of 
        the purchasers or persons to whom the conveyances are made, and 
        the dates of sale; and 
           (3) for fish sperm or viable eggs, the amount acquired or 
        sold, the names and addresses of the sources from which 
        acquired, the purchasers to whom conveyed, and the dates of 
        purchase or sale. 
           (c) On or before March 1 of each year, the licensee shall 
        submit a complete annual report on a form furnished by the 
        commissioner, covering the quantity of all species sold or 
        purchased in the preceding licensed year. 
           (d) An aquatic farmer shall maintain records for reasonable 
        inspection by the commissioner.  Information on aquatic life 
        production, harvest, and sales is nonpublic information.  
           Sec. 10.  Minnesota Statutes 1994, 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 
        state-issued bill of lading is required for: 
           (1) intrastate transportation of aquatic life other than 
        salmonids and catfish between licensed private fish hatcheries, 
        aquatic farms, or aquarium facilities licensed for the same 
        species and of the proper classification for the aquatic 
        life being transported if the aquatic life is being transported 
        into a watershed where it is not currently present, if walleyes 
        whose original source is south of marked state highway No. 210 
        are being transported to a facility north of marked state 
        highway No. 210, or if the original source of the aquatic life 
        is outside Minnesota and contiguous states; and 
           (2) stocking of waters other than public waters with 
        aquatic life other than salmonids and catfish.  
           (b) When aquatic life is transported under paragraph (a), a 
        copy of the bill of lading must be submitted to the regional 
        fisheries manager at least 72 hours before the transportation. 
           (c) 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. 
           (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. 11.  Minnesota Statutes 1994, section 17.4985, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXEMPTIONS FOR TRANSPORTATION PERMITS AND BILLS 
        OF LADING.] (a) A state-issued 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 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) fish being transported through the state if accompanied 
        by shipping documents; or 
           (9) intrastate transportation of aquatic life between or 
        within licensed private fish hatcheries, aquatic farms, or 
        aquarium facilities licensed for the same species and of the 
        proper facility classification for the aquatic life being 
        transported, 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 they have had a 
        fish health inspection since importation within the preceding 
        year that 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. 12.  Minnesota Statutes 1994, section 17.4986, is 
        amended to read: 
           17.4986 [IMPORTATION OF AQUATIC LIFE.] 
           Subdivision 1.  [IMPORTATION AND STOCKING RESTRICTIONS.] A 
        person may not import fish into or stock fish in the state 
        without first obtaining a transportation permit with a disease 
        certification when required or a bill of lading from the 
        commissioner, unless the person is exempted. 
           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 enzootic 
        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 enzootic 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 a nonemergency enzootic disease 
        area cannot demonstrate a history free from disease, aquatic 
        life may only be imported into a quarantine facility. 
           Subd. 3.  [EMERGENCY ENZOOTIC DISEASE AREA.] (a) Except as 
        otherwise provided and 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, fish may be imported from emergency 
        disease enzootic disease areas only as fertilized eggs under the 
        following conditions:  
           (1) to be imported into a standard facility, fertilized 
        eggs must have a disease-free history for at least five years; 
           (2) to be imported into a containment facility, fertilized 
        eggs must have a disease-free history for at least three years; 
        or 
           (3) to be imported into a quarantine facility, fertilized 
        eggs may have a disease-free history of less than three years.  
           (b) A hatchery inspection must occur at least once a year 
        and fish must have been tested for all certifiable diseases.  
        Fish health inspections under this subdivision must comply with 
        section 17.4982, subdivision 12.  
           Subd. 4.  [DISEASE-FREE HISTORY.] Disease-free histories 
        required under this section must include the results of a fish 
        health inspection.  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. 13.  Minnesota Statutes 1994, section 17.4988, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
        an aquatic farming license is $275. 
           (b) The aquatic farming license must may contain 
        endorsements for the rights and privileges of the following 
        licenses under the game and fish laws.  The endorsement must be 
        made upon payment of the license fee prescribed in section 
        97A.475 for the following licenses: 
           (1) minnow dealer license; 
           (2) minnow retailer license for sale of minnows as bait; 
           (3) minnow exporting license; 
           (4) minnow dealer helper license; 
           (5) aquatic farm vehicle endorsement, which includes a 
        minnow dealer vehicle license, a minnow retailer vehicle 
        license, an exporting minnow hauler vehicle license, and a fish 
        vendor vehicle license; 
           (6) sucker egg taking license; and 
           (7) game fish packers license. 
           Sec. 14.  Minnesota Statutes 1994, section 17.4988, 
        subdivision 4, is amended to read: 
           Subd. 4.  [AQUARIUM FACILITY.] (a) A person may not operate 
        operating an a commercial aquarium facility without must have 
        an a commercial aquarium facility license issued by the 
        commissioner if the facility contains species of aquatic life 
        that are for sale and that are present in waters of the state.  
        The commissioner may require an aquarium facility license for 
        aquarium facilities importing or holding species of aquatic life 
        that are for sale and that are not present in Minnesota if those 
        species can survive in waters of the state.  The fee for an 
        aquarium facility license is $15. 
           (b) Game fish transferred by an aquarium facility must be 
        accompanied by a receipt containing the information required on 
        a shipping document by section 17.4985, subdivision 3, paragraph 
        (b). 
           Sec. 15.  Minnesota Statutes 1994, 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 a fish health inspection conducted at least once every 12 
        months 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. 16.  Minnesota Statutes 1994, section 17.4992, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESTRICTION ON THE SALE OF GAME FISH.] (a) 
        Except as provided in paragraph (b), species of the family 
        salmonidae or ictaluridae, except bullheads, must be free of 
        certifiable diseases if sold for stocking or transfer to another 
        aquatic farm, except that. 
           (b) The following exceptions apply to paragraph (a): 
           (1) Eggs with enteric redmouth, whirling disease, or 
        furunculosis may be transferred between licensed facilities or 
        stocked following treatment approved by the commissioner, and. 
           (2) Fish with bacterial kidney disease may be 
        transferred between licensed facilities or stocked to in areas 
        where the disease has been previously introduced. 
           (3) The commissioner may allow transfer between licensed 
        facilities or stocking of fish with enteric redmouth or 
        furunculosis when the commissioner determines that doing so 
        would pose no threat to the state's aquatic resources. 
           Sec. 17.  Minnesota Statutes 1994, 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 of each species requested may be provided to a licensee 
        once every three years, if available, by the state through 
        normal operations. 
           Sec. 18.  Minnesota Statutes 1994, section 17.4993, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TAKING FROM PUBLIC WATERS.] A licensee may 
        take minnow sperm, minnow eggs, and live minnows from public 
        waters for aquatic farm purposes under an aquatic farm license, 
        except that sucker eggs and sperm may only be taken with a 
        sucker egg license endorsement as provided by section 17.4994. 
           Sec. 19.  [84.105] [WILD RICE SEASON.] 
           Ripe wild rice may be harvested from July 15 to September 
        30. 
           Sec. 20.  Minnesota Statutes 1995 Supplement, section 
        84.788, subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
        for registration or continued registration must be made to the 
        commissioner or an authorized deputy registrar of motor vehicles 
        on a form prescribed by the commissioner.  The form must state 
        the name and address of every owner of the off-highway 
        motorcycle and must be signed by at least one owner. 
           (b) A person who purchases from a retail dealer an 
        off-highway motorcycle that is intended to be operated on public 
        lands or waters shall make application for registration to the 
        dealer at the point of sale.  The dealer shall issue a temporary 
        ten-day registration permit to each purchaser who applies to the 
        dealer for registration.  The dealer shall submit the completed 
        registration applications and fees to the deputy registrar at 
        least once each week.  No fee may be charged by a dealer to a 
        purchaser for providing the temporary permit. 
           (c) Upon receipt of the application and the appropriate 
        fee, the commissioner or deputy registrar shall issue to the 
        applicant, or provide to the dealer, a 60-day temporary receipt 
        and shall assign a registration number that must be affixed to 
        the motorcycle in a manner prescribed by the commissioner.  A 
        dealer subject to paragraph (b) shall provide the registration 
        materials and temporary receipt to the purchaser within the 
        ten-day temporary permit period. 
           (d) The commissioner shall develop a registration system to 
        register vehicles under this section.  A deputy registrar of 
        motor vehicles acting under section 168.33, is also a deputy 
        registrar of off-highway motorcycles.  The commissioner of 
        natural resources in agreement with the commissioner of public 
        safety may prescribe the accounting and procedural requirements 
        necessary to ensure efficient handling of registrations and 
        registration fees.  Deputy registrars shall strictly comply with 
        the accounting and procedural requirements.  A fee of $2 in 
        addition to other fees prescribed by law is charged for each 
        off-highway motorcycle registered by: 
           (1) a deputy registrar and must be deposited in the 
        treasury of the jurisdiction where the deputy is appointed, or 
        kept if the deputy is not a public official; or 
           (2) the commissioner and must be deposited in the state 
        treasury and credited to the off-highway motorcycle account. 
           Sec. 21.  Minnesota Statutes 1995 Supplement, section 
        84.922, subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
        for registration or continued registration shall be made to the 
        commissioner of natural resources, the commissioner of public 
        safety or an authorized deputy registrar of motor vehicles on a 
        form prescribed by the commissioner.  The form must state the 
        name and address of every owner of the vehicle and be signed by 
        at least one owner.  
           (b) A person who purchases an all-terrain vehicle from a 
        retail dealer shall make application for registration to the 
        dealer at the point of sale.  The dealer shall issue a temporary 
        ten-day registration permit to each purchaser who applies to the 
        dealer for registration.  The dealer shall submit the completed 
        registration application and fees to the deputy registrar at 
        least once each week.  No fee may be charged by a dealer to a 
        purchaser for providing the temporary permit. 
           (c) Upon receipt of the application and the appropriate fee 
        the commissioner or deputy registrar shall register the vehicle 
        issue to the applicant, or provide to the dealer, a 60-day 
        temporary receipt and shall assign a registration number that 
        must be affixed to the vehicle in a manner prescribed by the 
        commissioner.  A dealer subject to paragraph (b) shall provide 
        the registration materials and temporary receipt to the 
        purchaser within the ten-day temporary permit period.  The 
        commissioner shall use the snowmobile registration system to 
        register vehicles under this section.  
           (c) (d) Each deputy registrar of motor vehicles acting 
        under section 168.33, is also a deputy registrar of all-terrain 
        vehicles.  The commissioner of natural resources in agreement 
        with the commissioner of public safety may prescribe the 
        accounting and procedural requirements necessary to assure 
        efficient handling of registrations and registration fees. 
        Deputy registrars shall strictly comply with the accounting and 
        procedural requirements.  
           (d) (e) A fee of $2 in addition to other fees prescribed by 
        law shall be charged for each vehicle registered by: 
           (1) a deputy registrar and shall be deposited in the 
        treasury of the jurisdiction where the deputy is appointed, or 
        retained if the deputy is not a public official; or 
           (2) the commissioner and shall be deposited to the state 
        treasury and credited to the all-terrain vehicle account in the 
        natural resources fund. 
           Sec. 22.  Minnesota Statutes 1994, section 97A.015, 
        subdivision 20, is amended to read: 
           Subd. 20.  [FIREARMS SAFETY CERTIFICATE.] "Firearms safety 
        certificate" means the certificate issued under section 
        97B.015 or an equivalent certificate issued by another state or 
        other evidence that meets with the requirements of section 
        97B.020. 
           Sec. 23.  Minnesota Statutes 1994, section 97A.015, is 
        amended by adding a subdivision to read: 
           Subd. 25a.  [GUARDIAN.] "Guardian" means a legal guardian 
        of a person under age 16, or a person 18 or older who has been 
        authorized by the parent or legal guardian to supervise the 
        person under age 16. 
           Sec. 24.  Minnesota Statutes 1994, section 97A.401, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TAKING WILD ANIMALS FROM GAME REFUGES, WILDLIFE 
        MANAGEMENT, AND OTHER AREAS.] Special permits may be issued, 
        with or without a fee, to take a wild animal from game refuges, 
        wildlife management areas, state parks, controlled hunting 
        zones, and other areas of the state that the commissioner may 
        open for the taking of a wild animal during a special season or 
        subject to special restrictions.  In addition, an application 
        fee may be charged for a special permit.  Local units of 
        government may charge an administrative fee in connection with 
        special hunts under their jurisdiction.  Fees to be collected 
        shall be based upon the estimated cost of conducting the special 
        season or administering the special restrictions. 
           Sec. 25.  Minnesota Statutes 1994, section 97A.411, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE PERIOD.] (a) Except as provided in 
        paragraph (b), a license is valid during the lawful time within 
        the license year that the licensed activity may be performed.  A 
        license year begins on the first day of March and ends on the 
        last day of February. 
           (b) A license issued under section 97A.475, subdivision 6, 
        clause (5), or section 97A.475, subdivision 7, clause (2), (3), 
        (5), or (6) is valid for the full license period even if this 
        period extends into the next license year, provided that the 
        license period selected by the licensee begins at the time of 
        issuance. 
           Sec. 26.  Minnesota Statutes 1995 Supplement, section 
        97A.451, subdivision 3, is amended to read: 
           Subd. 3.  [PERSONS RESIDENTS UNDER AGE 16; SMALL GAME.] (a) 
        A person resident under age 16 may not obtain a small game 
        license but may take small game by firearms or bow and arrow 
        without a license if the person is a resident is: 
           (1) age 14 or 15 and possesses a firearms safety 
        certificate; 
           (2) age 13, possesses a firearms safety certificate, and is 
        accompanied by a parent or guardian; or 
           (3) age 12 or under and is accompanied by a parent or 
        guardian.  
           (b) A resident under age 16 may take small game by trapping 
        without a small game license, but a resident 13 years of age or 
        older must have a trapping license.  A resident under age 13 may 
        trap without a trapping license.  
           Sec. 27.  Minnesota Statutes 1994, section 97A.451, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [NONRESIDENTS UNDER AGE 16; SMALL GAME.] (a) A 
        nonresident under age 16 may obtain a small game license at the 
        resident fee if the nonresident: 
           (1) possesses a firearms safety certificate; or 
           (2) if age 13 or under, is accompanied by a parent or 
        guardian when purchasing the license. 
           (b) A nonresident age 13 or under must be accompanied by a 
        parent or guardian to take small game. 
           Sec. 28.  Minnesota Statutes 1994, section 97A.455, is 
        amended to read: 
           97A.455 [NONRESIDENT STUDENTS; FISHING, SMALL GAME, AND 
        DEER BIG GAME.] 
           (a) A nonresident that is a full-time student at an 
        educational institution in the state and resides in the state 
        during the school year may obtain a resident license to take 
        fish or, small game, or big game, except moose, by providing 
        proof of student status and residence as prescribed by the 
        commissioner. 
           (b) A nonresident that is a full-time foreign exchange 
        student at a high school in the state and resides with persons 
        in the state may obtain a resident license to take deer by 
        archery big game, except moose, by providing proof of foreign 
        exchange student status as prescribed by the commissioner. 
           Sec. 29.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 30, is amended to read: 
           Subd. 30.  [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] 
        The fee for a license to net commercial fish in inland waters, 
        to be issued to residents and nonresidents, is $70 plus: 
           (1) for each hoop net pocket, $1; 
           (2) for each 1,000 feet of seine, $16.50; and 
           (3) for each helper's apprentice license, $5.50 $25.  
           Sec. 30.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 31, is amended to read: 
           Subd. 31.  [COMMERCIAL NETTING OF FISH IN LAKE OF THE 
        WOODS.] The fee for a license to commercially net fish in Lake 
        of the Woods is: 
           (1) for each pound net or staked trap net, $49.50; 
           (2) for each fyke net, $11, plus $5 for each two-foot 
        segment, or fraction, of the wings or lead in excess of four 
        feet in height; 
           (3) for each 100 feet of gill net, $2.75; 
           (4) for each submerged trap net, $16.50; and 
           (5) for each helper's apprentice license, $16.50 $25.  
           Sec. 31.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 32, is amended to read: 
           Subd. 32.  [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The 
        fee for a license to commercially net fish in Rainy Lake is: 
           (1) for each pound net, $49.50; 
           (2) for each 100 feet of gill net, $2.75; and 
           (3) for each helper's apprentice license, $16.50 $25.  
           Sec. 32.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 33, is amended to read: 
           Subd. 33.  [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND 
        POINT LAKES.] The fee for a license to commercially net fish in 
        Namakan Lake and Sand Point Lake is: 
           (1) for each 100 feet of gill net, $1.75; 
           (2) for each pound, fyke, and submerged trap net, $16.50; 
        and 
           (3) for each helper's apprentice license, $5.50 $25.  
           Sec. 33.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 34, is amended to read: 
           Subd. 34.  [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN 
        THE MISSISSIPPI RIVER.] (a) The fee for a license to 
        commercially seine rough fish in the Mississippi river from St. 
        Anthony Falls to the St. Croix river junction is: 
           (1) for a seine not exceeding 500 feet, $27.50; or 
           (2) for a seine over 500 feet, $44, plus $2 for each 100 
        foot segment or fraction over 1,000 feet.  
           (b) The fee for each helper's apprentice license issued 
        under paragraph (a) is $5.50 $25.  
           Sec. 34.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 35, is amended to read: 
           Subd. 35.  [COMMERCIAL SEINING OF FISH IN WISCONSIN 
        BOUNDARY WATERS.] The fee for a license to commercially seine 
        fish in the boundary waters between Wisconsin and Minnesota from 
        Taylors Falls to the Iowa border is: 
           (1) for a seine not exceeding 500 feet, $27.50; or 
           (2) for a seine over 500 feet, $44, plus $2.50 for each 100 
        feet over 1,000 feet; and 
           (3) for each helper's apprentice license to be issued to 
        residents and nonresidents, $5.50, $25.  
           Sec. 35.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 36, is amended to read: 
           Subd. 36.  [COMMERCIAL NETTING IN WISCONSIN BOUNDARY 
        WATERS.] The fee for a license to commercially net in the 
        boundary waters between Wisconsin and Minnesota from Lake St. 
        Croix to the Iowa border is: 
           (1) for each gill net not exceeding 500 feet, $14.50; 
           (2) for each gill net over 500 feet, $27.50; 
           (3) for each fyke net and hoop net, $11; 
           (4) for each bait net, $1.75; 
           (5) for each turtle net, $1.75; 
           (6) for each set line identification tag, $14.50; and 
           (7) for each helper's apprentice license to be issued to 
        residents and nonresidents, $5.50, $25.  
           Sec. 36.  Minnesota Statutes 1994, section 97A.475, 
        subdivision 37, is amended to read: 
           Subd. 37.  [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] 
        The fee for a license to commercially net fish in Lake Superior 
        is: 
           (1) for each gill net, $77 plus $2 for each 1,000 feet over 
        1,000 feet; 
           (2) for a pound or trap net, $77 plus $2 for each 
        additional pound or trap net; and 
           (3) for each helper's apprentice license, $5.50 $25.  
           Sec. 37.  Minnesota Statutes 1994, section 97A.535, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [QUARTERING OF DEER ALLOWED.] A deer that has 
        been tagged as required in subdivision 1 may be quartered at the 
        site of the kill.  The animal's head must remain attached to one 
        of the quarters.  The quarters must be presented together for 
        registration under subdivision 2 and must remain together until 
        the deer is processed for storage. 
           Sec. 38.  Minnesota Statutes 1994, section 97B.021, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RESTRICTIONS.] (a) Except as provided in 
        this subdivision, a person under the age of 16 may not possess a 
        firearm, unless accompanied by a parent or guardian.  
           (b) A person under age 16 may possess a firearm without 
        being accompanied by a parent or guardian: 
           (1) on land owned by, or occupied as the principal 
        residence of, the person or the person's parent or guardian; 
           (2) while participating in an organized target shooting 
        program with adult supervision; 
           (3) while the person is participating in a firearms safety 
        program or traveling to and from class; or 
           (4) if the person is age 14 or 15 and has a firearms safety 
        certificate. 
           (c) For purposes of this section a guardian is a legal 
        guardian or a person age 18 or older that has been authorized by 
        the parent or legal guardian to supervise the person under age 
        16. 
           Sec. 39.  Minnesota Statutes 1994, section 97B.071, is 
        amended to read: 
           97B.071 [BLAZE ORANGE REQUIREMENTS.] 
           (a) Except as provided in rules adopted under paragraph 
        (b) (c), a person may not hunt or trap during the open season 
        where deer may be taken by firearms under applicable laws and 
        ordinances, unless the visible portion of the person's cap and 
        outer clothing above the waist, excluding sleeves and gloves, is 
        blaze orange.  Blaze orange includes a camouflage pattern of at 
        least 50 percent blaze orange within each foot square.  This 
        section does not apply to migratory waterfowl hunters on waters 
        of this state or in a stationary shooting location. 
           (b) Except as provided in rules adopted under paragraph 
        (c), and in addition to the requirement in paragraph (a), a 
        person may not take small game other than turkey, migratory 
        birds, raccoons, and predators, except when hunting with 
        nontoxic shot, unless a visible portion of at least one article 
        of the person's clothing above the waist is blaze orange. 
           (c) The commissioner may, by rule, prescribe an alternative 
        color in cases where paragraph (a) or (b) would violate the 
        Religious Freedom Restoration Act of 1993, Public Law Number 
        103-141. 
           (d) A violation of paragraph (b) shall not result in a 
        penalty, but is punishable only by a safety warning. 
           Sec. 40.  Minnesota Statutes 1994, section 97B.311, is 
        amended to read: 
           97B.311 [DEER SEASONS AND RESTRICTIONS.] 
           (a) The commissioner may, by rule, prescribe restrictions 
        and designate areas where deer may be taken, including hunter 
        selection criteria for special hunts established under section 
        97A.401, subdivision 4.  The commissioner may, by rule, 
        prescribe the open seasons for deer within the following periods:
           (1) taking with firearms, other than muzzle-loading 
        firearms, between November 1 and December 15; 
           (2) taking with muzzle-loading firearms between September 1 
        and December 31; and 
           (3) taking by archery between September 1 and December 31. 
           (b) Notwithstanding paragraph (a), the commissioner may 
        establish special seasons within designated areas between 
        September 1 and January 15. 
           Sec. 41.  Minnesota Statutes 1994, section 97C.035, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TAKING OF FISH.] (a) The commissioner may, by 
        rule, authorize residents to take fish:  
           (1) in any quantity; 
           (2) in any manner, except by use of seines, hoop nets, fyke 
        nets, and explosives; and 
           (3) for personal use only, except rough fish may be sold.  
           (b) In an emergency The commissioner may authorize the 
        taking of fish without publishing the rule if by posting notice 
        is posted conspicuously along the shore of the waters and 
        publishing a news release in a newspaper of general circulation 
        in the area where the waters are located.  
           Sec. 42.  Minnesota Statutes 1994, 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) transfer to other government agencies or private fish 
        hatcheries in exchange for fish to be stocked in waters of the 
        state for recreational fishing; 
           (3) sale of fish eggs and fry to private fish hatcheries or 
        licensed aquatic farms at a price not less than the fair 
        wholesale market value, established as the average price charged 
        at the state's private hatcheries and contiguous states per 
        volume rates; and 
           (4) transfer to other government agencies for fish 
        management and research purposes. 
           Sec. 43.  Minnesota Statutes 1994, section 97C.205, is 
        amended to read: 
           97C.205 [RULES FOR TRANSPORTING AND STOCKING FISH.] 
           (a) The commissioner may adopt rules to regulate: 
           (1) the transportation of fish and fish eggs from one body 
        of water to another; and 
           (2) the stocking of waters with fish or fish eggs. 
           (b) The commissioner shall prescribe rules designed to 
        encourage local sporting organizations to propagate game fish by 
        using rearing ponds.  The rules must:  
           (1) prescribe methods to acquire brood stock for the ponds 
        by seining public waters; 
           (2) allow the sporting organizations to own and use seines 
        and other necessary equipment; and 
           (3) prescribe methods for stocking the fish in public 
        waters that give priority to the needs of the community where 
        the fish are reared and the desires of the organization 
        operating the rearing pond.  
           (c) A person age 16 or under may, for purposes of display 
        in a home aquarium, transport largemouth bass, smallmouth bass, 
        yellow perch, rock bass, black crappie, white crappie, bluegill 
        pumpkinseed, green sunfish, orange spotted sunfish, and black, 
        yellow and brown bullheads taken by angling.  No more than four 
        of each species may be transported at any one time, and any 
        individual fish can be no longer than ten inches in total length.
           Sec. 44.  Minnesota Statutes 1994, section 97C.305, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEPTION.] A trout and salmon stamp is not 
        required to take fish by angling or to possess trout and salmon 
        if:  
           (1) the person: 
           (i) possesses a license to take fish by angling for a 
        period of 24 hours from the time of issuance under section 
        97A.475, subdivision 6, clause (5), or subdivision 7, clause 
        (5);, and (2) the person 
           (ii) is taking fish by angling, or the trout or salmon were 
        taken by the person, during the period the license is valid; or 
           (2) the person is taking fish, or the trout or salmon were 
        taken by the person, as authorized under section 97C.035. 
           Sec. 45.  Minnesota Statutes 1994, section 97C.411, is 
        amended to read: 
           97C.411 [STURGEON AND PADDLEFISH.] 
           Lake sturgeon, shovelnose sturgeon, and paddlefish may not 
        be taken, bought, sold, transported or possessed except as 
        provided by rule of the commissioner.  The commissioner may only 
        allow the taking of these fish in waters that the state boundary 
        passes through except that a rule that applies and in 
        tributaries to the St. Croix river must also apply to its 
        tributaries. 
           Sec. 46.  Minnesota Statutes 1994, section 97C.811, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LICENSE INVALIDATION.] (a) A license to take 
        commercial fish is void upon:  
           (1) the licensee's death; 
           (2) sale of the commercial fishing business cessation of 
        commercial fishing operations within an assigned area, except as 
        provided by paragraph (c); 
           (3) removal of the commercial fishing business from the 
        state; 
           (4) conviction of two or more violations of inland 
        commercial fishing laws within a license period; or 
           (5) (4) failure to apply for a new or renewal license prior 
        to June 15 of any year.  
           (b) A commercial inland fishing license is not subject to 
        the license revocation provisions of section 97A.421.  
        Commercial fishing rights and area assignments covered by a 
        license that becomes void reverts to the commissioner for 
        reassignment.  
           (c) A person possessing a valid inland commercial fishing 
        license may apply to the commissioner for transfer of an 
        assigned commercial fishing area to another person.  Upon 
        receipt of the application, the commissioner shall notify the 
        applicant that the application for transfer has been received 
        and shall determine if other people are interested in the 
        assigned area by: 
           (1) notifying the inland commercial fish trade association 
        in writing; and 
           (2) publishing notice in a newspaper of general circulation 
        in the vicinity of the assigned area. 
        These notices must allow interested persons 30 days to notify 
        the commissioner of their interest in the assigned area.  Within 
        60 days after publishing notice, the commissioner shall review 
        the qualifications of all interested persons and approve or deny 
        the transfer based on the criteria in section 97C.815, 
        subdivision 2.  If the transfer is denied, the licensee may 
        retain the license or request that it become void. 
           Sec. 47.  Minnesota Statutes 1994, section 97C.815, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INLAND COMMERCIAL FISHING TRADE ASSOCIATION; 
        LICENSE PROBLEMS.] The commissioner shall consult with 
        representatives of the inland commercial fishing trade 
        association when disagreements arise in the areas of license 
        issuance, problems with performance pursuant to the license, 
        transfers of licenses, area assignments, and the entry of new 
        commercial fishing operators into the inland commercial fishery. 
           Sec. 48.  Minnesota Statutes 1994, section 97C.835, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMERCIAL FISHING LICENSE FOR LAKE 
        SUPERIOR.] (a) A license to fish commercially in Lake Superior 
        shall be issued only to a resident who possesses 5,000 feet of 
        gill net of mesh sizes permitted in subdivisions 4 and 5 or two 
        pound nets, has maximum of 50 residents.  To qualify for 
        licensing, a resident must have landed fish in the previous year 
        with a value of at least $1,500, except for those state waters 
        from Duluth to Silver Bay upon the discretion of the 
        commissioner, and has must have engaged in commercial fishing 
        for at least 50 30 days of the previous year.  An applicant 
        shall be issued a license without meeting these requirements if 
        the applicant is 65 or more years of age and has held a license 
        continuously since 1947.  An applicant may be issued a license, 
        at the discretion of the commissioner, if failure to meet these 
        the requirements for the dollar value of fish landed or number 
        of days fished resulted from illness or other mitigating 
        circumstances, or the applicant has reached the age of 65 and 
        has been licensed at least ten five of the previous 15 ten 
        years.  Persons receiving licenses under these provisions for 
        applicants 65 years of age or more must be in attendance at the 
        setting and lifting of nets.  The commissioner may issue 
        multiple licenses to individuals who meet these requirements and 
        have held multiple licenses prior to 1978.  
           (b) A license may be issued to a resident who has not 
        previously fished commercially on Lake Superior and has not been 
        convicted of a game and fish law violation in the preceding 
        three years, if the applicant: 
           (1) shows a bill of sale indicating the purchase of gear 
        and facilities connected with an existing license; 
           (2) shows proof of inheritance of all the gear and 
        facilities connected with an existing license; or 
           (3) has served at least two years as a helper an apprentice 
        in a Minnesota Lake Superior licensed commercial fishing 
        operation. 
           Sec. 49.  Minnesota Statutes 1994, section 97C.835, 
        subdivision 5, is amended to read: 
           Subd. 5.  [GILL NETS; CISCOES.] Gill nets for taking 
        ciscoes and chubs may not be less than 2-1/4 inch extension 
        measure mesh and may not exceed 2-3/4 inch extension measure 
        mesh except that smaller or larger mesh sizes may be used under 
        a permit issued by the commissioner.  
           Sec. 50.  Minnesota Statutes 1994, section 97C.841, is 
        amended to read: 
           97C.841 [HELPER'S APPRENTICE LICENSE.] 
           A person assisting the holder of a master's license, in 
        with a commercial fishing license may list one person as an 
        apprentice on the license.  A person acting as an apprentice for 
        a commercial fishing licensee must have an apprentice license.  
        The commercial fishing licensee or the apprentice listed on the 
        license must be present at all commercial fishing operations 
        including going to and from fishing locations, or in setting or 
        lifting nets, or removing fish from nets, must have a helper's 
        license, unless the person is the holder of a master's license.  
        A person possessing an angling license may assist the holder of 
        a master's or apprentice license in going to and from fishing 
        locations, or in setting or lifting nets, or removing fish from 
        nets.  
           A helper's An apprentice license is transferable from one 
        helper to another by the holder of a master's license applying 
        to the commissioner. 
           Sec. 51.  Laws 1995, chapter 220, section 137, is amended 
        to read: 
           Sec. 137.  [PUBLIC INPUT; REPORT.] 
           The commissioner of natural resources shall seek public 
        input and comment on sections section 135 and 136.  By March 1, 
        1996, the commissioner shall report to the environment and 
        natural resources committees of the legislature with a summary 
        of the public comments received and any recommendations for 
        legislation. 
           Sec. 52.  Laws 1995, chapter 238, section 1, subdivision 2, 
        is amended to read. 
           Subd. 2.  [AUTHORIZATION.] Notwithstanding Minnesota 
        Statutes, section 103F.215, the counties of Crow Wing, Hubbard, 
        Cass, and Morrison may allow the sale or transfer, as a separate 
        parcel, of a lot within shoreland, as defined in Minnesota 
        Statutes, section 103F.205, subdivision 4, that: 
           (1) is located wholly within the Mississippi headwaters 
        corridor, as identified in the plan, or is located anywhere 
        within Crow Wing, Hubbard, Cass, or Morrison county; 
           (2) is one of a group of two or more contiguous lots that 
        have been under the same common ownership since July 1, 1981; 
        and 
           (3) does not meet the residential lot size requirements in 
        the model standards and criteria adopted by the commissioner of 
        natural resources under Minnesota Statutes, section 103F.211. 
           Sec. 53.  [PUBLIC INPUT; REPORT.] 
           The commissioner of natural resources shall seek public 
        input and comments on the allowance to take antlered deer in 
        more than one zone, and whether the license issued under 
        Minnesota Statutes, section 97A.475, subdivision 2, clause (9), 
        shall be extended to archery and muzzle-loader hunters at no 
        additional fee.  The commissioner must deliver a report on the 
        public input to the house and senate policy committees by March 
        1, 1997. 
           Sec. 54.  [SALE OF STATE WILDLIFE LAND IN WASHINGTON 
        COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 94.09 and 
        94.10, and the public hearing requirement in Minnesota Statutes, 
        section 97A.135, subdivision 2a, the commissioner of natural 
        resources may sell land in a wildlife management area, described 
        in this section, by private sale for a consideration not less 
        than the appraised value, in accordance with the remaining 
        provisions of Minnesota Statutes, chapter 94, and section 
        97A.135. 
           (b) The conveyance shall be in a form approved by the 
        attorney general. 
           (c) The deed must contain a restrictive covenant that 
        prohibits the placement or construction of additional buildings 
        or structures, including corrals and animal shelters or pens, on 
        the property conveyed in this section.  The cost for 
        constructing and maintaining any fencing on the property to be 
        conveyed shall be the sole responsibility of the purchaser. 
           (d) The land that may be sold is in the Hardwood Creek 
        wildlife management area in Washington County and is described 
        as:  the South 487 feet of the North 520 feet of the West 770 
        feet of the Northwest Quarter of the Southeast Quarter (NW 1/4 
        SE 1/4), Section Twenty-seven (27), Township Thirty-two (32) 
        North, Range Twenty-one (21) West EXCEPT the North 440 feet of 
        the West 650 feet of said NW 1/4 SE 1/4. 
           (e) The conveyance in this section will provide the 
        adjacent landowner with a buffer between the landowner's 
        buildings and public hunting activities on the adjacent wildlife 
        area that surrounds the site and eliminate a problem with a 
        portion of the landowner's barn that lies on the existing state 
        property. 
           Sec. 55.  [LAKE COUNTY LAND SALES RATIFIED.] 
           (a) Notwithstanding Minnesota Statutes, section 373.01, the 
        conveyances by Lake county, Minnesota, of the following county 
        fee lands are hereby ratified: 
           (1) one parcel of land sold October 29, 1993, by Lake 
        county, Minnesota, to Darrel and Harriet Kempffer, being a 
        five-acre county fee parcel of land described as the North 
        One-half of the West One-half (N 1/2 of W 1/2) of the West 
        One-half (W 1/2) of the Northwest Quarter of the Northwest 
        Quarter (NW 1/4 of NW 1/4), Section Two (2), Township Fifty-two 
        (52) North, Range Eleven (11) West, Lake county, Minnesota, 
        constituting five acres; 
           (2) four parcels of land sold July 18, 1994, by Lake 
        county, Minnesota, described as: 
           (i) Lot One (1), Five Mile Hill Plat, Lake county, 
        Minnesota, sold to Diane Cullen; 
           (ii) Lot Four (4), Five Mile Hill Plat, Lake county, 
        Minnesota, sold to Thomas Muehlburger; 
           (iii) Lot Seven (7), Five Mile Hill Plat, Lake county, 
        Minnesota, sold to Thomas Muehlburger; 
           (iv) Lot Six (6), Five Mile Hill Plat, Lake county, 
        Minnesota, sold to John McClellan; 
           (3) four parcels of land sold October 7, 1994, by Lake 
        county, Knife River, Minnesota, described as: 
           (i) Lot One (1), Granite Point Plat, Lake county, 
        Minnesota, sold to Tim Stoddart; 
           (ii) Lot Two (2), Granite Point Plat, Lake county, 
        Minnesota, sold to Tim Stoddart; 
           (iii) Lot Three (3), Granite Point Plat, Lake county, 
        Minnesota, sold to Lee Jensen; 
           (iv) Lot Four (4), Granite Point Plat, Lake county, 
        Minnesota, sold to Lee Jensen; and 
           (4) a parcel of land sold July 21, 1995, by Lake county, 
        Minnesota, described as: 
           The East Two Hundred Eight and 7/10 (E.208.7) feet of the 
        West Eight Hundred Thirty-four and 8/10 (W.834.8) of the South 
        Two Hundred Forty-two (S.242) feet of the South One-half (S 1/2) 
        of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 
        1/4), Section Five (5), Township Fifty-nine (59) North, Range 
        Eight (8) West, Stony River Township, Lake county, sold to 
        Dorothy Johnson. 
           (b) Through an error, the sales of the lands described in 
        paragraph (a) were conducted using the procedure for public 
        sales of tax-forfeited lands rather than the applicable public 
        sale procedure in Minnesota Statutes, section 373.01. 
           Sec. 56.  [PERSONAL FLOTATION DEVICE RULES; VIOLATIONS.] 
           A violation prior to May 1, 1997, of requirements added in 
        the proposed rule published in the State Register, Volume 19, 
        Number 45, pages 2207 to 2210, May 8, 1995, and subsequently 
        adopted on October 2, 1995, shall not result in a penalty, but 
        is punishable only by a safety warning.  
           Sec. 57.  [REPEALER.] 
           Minnesota Statutes 1994, sections 84.09 and 84.14; and Laws 
        1995, chapter 220, section 136, are repealed. 
           Sec. 58.  [INSTRUCTION TO REVISOR.] 
           In each section of Minnesota Statutes referred to in column 
        A, the revisor of statutes shall delete the reference in column 
        B and insert the reference in column C.  The references in 
        column C may be changed by the revisor to the section of 
        Minnesota Statutes in which the bill sections are compiled. 
                Column A          Column B          Column C
                 84.42             84.09             84.091
                97A.025            84.09             84.091
                97A.065            84.09             84.091
           Sec. 59.  [EFFECTIVE DATE.] 
           Sections 52 and 56 are effective the day following final 
        enactment. 
           Presented to the governor March 30, 1996 
           Signed by the governor April 2, 1996, 12:43 p.m.