1.1 	A bill for an act
1.2 	relating to game and fish; modifying conditions for a person to receive emergency 
1.3 	crop protection assistance;amending Minnesota Statutes 2004, section 97A.028, 
1.4 	subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 97A.028, subdivision 3, is amended to 
1.7 	read:
1.8 		Subd. 3.Emergency deterrent materials assistance. (a) For the purposes of this 
1.9 	subdivision, "cooperative damage management agreement" means an agreement between 
1.10 	a landowner or tenant and the commissioner that establishes a program for addressing the 
1.11 	problem of destruction of the landowner's or tenant's specialty crops or stored forage 
1.12 	crops by wild animals, or destruction of agricultural crops by flightless Canada geese.
1.13 	(b) A landowner or tenant may apply to the commissioner for emergency deterrent 
1.14 	materials assistance in controlling destruction of the landowner's or tenant's specialty 
1.15 	crops or stored forage crops by wild animals, or destruction of agricultural crops by 
1.16 	flightless Canada geese. Subject to the availability of money appropriated for this purpose, 
1.17 	the commissioner shall provide suitable deterrent materials when the commissioner 
1.18 	determines that:
1.19 	(1) immediate action is necessary to prevent significant damage from continuing, to 
1.20 	prevent significant damage that is likely to occur, or to prevent the spread of disease in 
1.21 	wild animals; and
1.22 	(2) a cooperative damage management agreement cannot be implemented 
1.23 	immediately.
2.1 	(c) A person may receive emergency deterrent materials assistance under this 
2.2 	subdivision more than once, but the cumulative total value of deterrent materials provided 
2.3 	to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, or $750 for 
2.4 	stored forage crops, or $500 for agricultural crops damaged by flightless Canada geese. 
2.5 	If a person is a co-owner or cotenant with respect to the specialty crops for which the 
2.6 	deterrent materials are provided, the deterrent materials are deemed to be "provided" to 
2.7 	the person for the purposes of this paragraph.
2.8 	(d) As a condition of receiving emergency deterrent materials assistance under this 
2.9 	subdivision, a landowner or tenant shall enter into a cooperative damage management 
2.10 	agreement with the commissioner. Deterrent materials provided by the commissioner may 
2.11 	include repellents, fencing materials, or other materials recommended in the agreement 
2.12 	to alleviate the damage problem. If requested by a landowner or tenant, any fencing 
2.13 	materials provided must be capable of providing long-term protection of specialty crops. 
2.14 	A landowner or tenant who receives emergency deterrent materials assistance under 
2.15 	this subdivision shall comply with the terms of the cooperative damage management 
2.16 	agreement.