HF 4331

as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2020 04:35pm

A bill for an act
relating to agriculture; modifying provisions pertaining to the escape of farmed
Cervidae; modifying identification requirements for farmed Cervidae; amending
Minnesota Statutes 2018, section 35.155, subdivision 1; Minnesota Statutes 2019
Supplement, section 35.155, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 35.155, subdivision 1, is amended to read:

Subdivision 1.

Running at large prohibited.

(a) An owner may not allow farmed
Cervidae to run at large. The owner must make all reasonable efforts to return escaped
farmed Cervidae to their enclosures as soon as possible. The owner must new text begin immediately new text end notify
the commissioner of natural resources of the escape of farmed Cervidae deleted text begin if the farmed
Cervidae are not returned or captured by the owner within 24 hours of their escape deleted text end .

(b) An owner is liable for expenses of another person in capturing, caring for, and
returning farmed Cervidae that have left their enclosures if the person capturing the farmed
Cervidae contacts the owner as soon as possible.

(c) deleted text begin If an owner is unwilling or unable to capture escaped farmed Cervidae, deleted text end The
commissioner of natural resources may destroy deleted text begin the deleted text end escaped farmed Cervidae. deleted text begin The
commissioner of natural resources must allow the owner to attempt to capture the escaped
farmed Cervidae prior to destroying the farmed Cervidae. Farmed Cervidae that are not
captured by 24 hours after escape may be destroyed.
deleted text end

new text begin (d) A hunter licensed by the commissioner of natural resources under chapter 97A may
kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner
for the loss of the animal.
new text end

new text begin (e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of
natural resources must be tested for chronic wasting disease at the owner's expense.
new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 35.155, subdivision 6, is amended
to read:

Subd. 6.

Identification.

(a) Farmed Cervidae must be identified by means approved by
the Board of Animal Health. The identification must include a distinct number that has not
been used during the previous three years and new text begin either incorporate global positioning system
technology or include a phone number, address, or other contact information that enables
the reader to readily identify the owner of escaped farmed Cervidae. Identification new text end must be
visible to the naked eye during daylight under normal conditions at a distance of 50 yards.
White-tailed deer must be identified before October 31 of the year in which the animal is
born, at the time of weaning, or before movement from the premises, whichever occurs
first. Elk and other cervids must be identified by December 31 of the year in which the
animal is born or before movement from the premises, whichever occurs first. As coordinated
by the board, the commissioner of natural resources may destroy any animal that is not
identified as required under this subdivision.

(b) The Board of Animal Health shall register farmed Cervidae. The owner must submit
the registration request on forms provided by the board. The forms must include sales
receipts or other documentation of the origin of the Cervidae. The board must provide copies
of the registration information to the commissioner of natural resources upon request. The
owner must keep written records of the acquisition and disposition of registered farmed
Cervidae.