HF 2450

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; regulating the harvesting of farmed cervidae on
licensed shooting preserves; requiring rulemaking; amending Minnesota Statutes
2006, section 17.452, subdivisions 4, 5, 8; 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 2006, section 17.452, subdivision 4, is amended to read:

Subd. 4.

Farmed cervidae are livestock.

deleted text begin Farmed cervidae are livestock and are
not wild animals for purposes of game farm, hunting, or wildlife laws. deleted text end Farmed cervidae
and their products are farm products and livestock for purposes of financial transactions
and collateral.

Sec. 2.

Minnesota Statutes 2006, section 17.452, subdivision 5, is amended to read:

Subd. 5.

Raising farmed cervidae is an agricultural pursuit.

Raising farmed
cervidae is agricultural production and an agricultural pursuit new text begin , which may include the sale
of farmed cervidae to a person for personal consumption. Personal consumption includes
the taking of farmed cervidae by firearms or archery on a licensed shooting preserve new text end .

Sec. 3.

Minnesota Statutes 2006, section 17.452, subdivision 8, is amended to read:

Subd. 8.

Slaughter.

Farmed cervidae new text begin that are to be sold for meat purposes or sold to
be harvested by firearms or archery new text end must be slaughtered and inspected in accordance with
chapters 31 and 31A or the United States Department of Agriculture voluntary program
for exotic animals, Code of Federal Regulations, title 9, part 352.

Sec. 4.

new text begin [17.4521] CERVIDAE SHOOTING PRESERVES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees for shooting preserves. new text end

new text begin (a) The fee for a cervidae shooting
preserve license is $5,000 for the original application and $2,500 for the annual license.
new text end

new text begin (b) Shooting preserve licenses issued under this subdivision expire on the last day
of March. The annual renewal fee for a license is $2,500.
new text end

new text begin Subd. 2. new text end

new text begin Shooting preserve application. new text end

new text begin The commissioner of natural resources
may license up to ten cervidae shooting preserves in the state. An application for a
cervidae shooting preserve license must be filed with the commissioner. The application
must include a legal description of the shooting preserve land, the number of acres, the
species to be harvested, and other necessary information prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Licenses. new text end

new text begin A person may not operate a cervidae shooting preserve without a
license. The commissioner of natural resources may issue a license to operate a cervidae
shooting preserve if the commissioner determines that it is in the public interest and that
there will not be an adverse effect on wild cervidae populations. Shooting preserves may
be located in all parts of the state as determined by the commissioner. The commissioner
or the commissioner's designee must perform a site inspection before a license may be
issued. The commissioner shall either grant or deny the request for a shooting preserve
license within 60 days of the date the initial completed application was received or within
30 days of a request for license renewal.
new text end

new text begin Subd. 4. new text end

new text begin Financial responsibility. new text end

new text begin (a) No license may be issued, maintained, or
renewed unless the applicant demonstrates proof of financial responsibility according to
this subdivision. The minimum requirement for proof of financial responsibility may
be given by filing:
new text end

new text begin (1) a certificate that there is in effect for the license period a policy of liability
insurance that is issued by an insurance company authorized to conduct business in this
state and that provides at least $100,000 of coverage for bodily injury and $10,000 of
coverage for injury to or destruction of property of others;
new text end

new text begin (2) a surety bond issued by a surety company authorized to conduct business in this
state with minimum coverages as provided in clause (1); or
new text end

new text begin (3) a certificate of the commissioner of finance that the applicant has deposited with
the commissioner of finance $100,000 in cash or securities.
new text end

new text begin (b) The commissioner of natural resources shall immediately suspend the license of
a licensee who fails to maintain the required insurance or bond.
new text end

new text begin Subd. 5. new text end

new text begin Game available. new text end

new text begin Game that may be released and harvested in a licensed
cervidae shooting preserve must be specified in the license and are limited to species
raised as farmed cervidae under section 17.452. Only farmed cervidae from herds in the
accredited program of the Board of Animal Health may be transported to and released
in a licensed cervidae shooting preserve.
new text end

new text begin Subd. 6. new text end

new text begin Location; size of preserve. new text end

new text begin A shooting preserve must be separated from
any farmed cervidae breeding pens or pastures by a minimum distance established by the
commissioner of natural resources. A shooting preserve must contain not less than two
nor more than two contiguous acres, including any water area.
new text end

new text begin Subd. 7. new text end

new text begin Posting of boundaries. new text end

new text begin The boundaries of a shooting preserve must be
clearly posted in a manner prescribed by the commissioner of natural resources. The
operator must post signs around the entire perimeter of the preserve at intervals not
to exceed 500 feet.
new text end

new text begin Subd. 8. new text end

new text begin Removal of wild cervidae. new text end

new text begin All wild cervidae must be removed from the
shooting preserve property at the owner's expense prior to final issuance of the shooting
preserve license.
new text end

new text begin Subd. 9. new text end

new text begin Revocation of license. new text end

new text begin The commissioner of natural resources may revoke
a shooting preserve license if the licensee or persons authorized to hunt in the shooting
preserve have been convicted of a violation under this section. After revocation, a new
license may be issued at the discretion of the commissioner.
new text end

new text begin Subd. 10. new text end

new text begin Hunting license not required. new text end

new text begin A hunting license is not required to hunt
authorized species of cervidae on a licensed shooting preserve.
new text end

new text begin Subd. 11. new text end

new text begin Season. new text end

new text begin (a) The open season for harvesting in a shooting preserve is
September 1 through December 31.
new text end

new text begin (b) The commissioner of natural resources may restrict the open season after
receiving a complaint, holding a public hearing, and finding that the population of a
particular species of wild cervidae is harmed by harvesting in the shooting preserve.
new text end

new text begin Subd. 12. new text end

new text begin Weapons limitations. new text end

new text begin A person may take farmed cervidae on a shooting
preserve by archery or firearms and only in a manner permitted under the state's game
and fish laws.
new text end

new text begin Subd. 13. new text end

new text begin Licensee may establish restrictions. new text end

new text begin A shooting preserve licensee is
responsible for determining who is allowed to harvest in the preserve. In each preserve, the
licensee may establish the charge for taking cervidae, the shooting hours, and restrictions
on the age, sex, and number of each species that may be taken by the hunter. These
provisions may not conflict with this section and may not be less restrictive than any rule.
new text end

new text begin Subd. 14. new text end

new text begin Marking harvested cervidae. new text end

new text begin Harvested cervidae must be marked or
identified by the shooting preserve operator in a manner prescribed by the commissioner
of natural resources. The commissioner may issue the tags or other markings at a cost
not to exceed $25 each. The marking must remain attached on the cervidae while the
cervidae is transported.
new text end

new text begin Subd. 15. new text end

new text begin Animal processing. new text end

new text begin Animals harvested by firearms or archery at a
shooting preserve must be processed for human consumption according to section 17.452,
subdivision 8. If the individual does not want to take possession of the harvested meat,
then the processed meat shall be donated to the Second Harvest Heartland food program.
new text end

new text begin Subd. 16. new text end

new text begin Record keeping. new text end

new text begin A shooting preserve must maintain a registration book
listing the names, addresses, and hunting license numbers, if applicable, of all patrons of
the shooting preserve, the date when they harvested, the amount and species of cervidae
taken, and the tag numbers or other markings affixed to each animal. A shooting preserve
must keep records of the number of each species raised and purchased and the date and
number of each species released. An annual report shall be made to the commissioner of
natural resources by the date herd registration is required. The records must be open to
inspection by the commissioner at all reasonable times.
new text end

new text begin Subd. 17. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of natural resources shall adopt rules to
implement this section, including:
new text end

new text begin (1) rules related to fencing and enclosures for shooting preserves; and
new text end

new text begin (2) rules to identify cervidae in shooting preserves by permanent tattoo, electronic
implant, or other means.
new text end