1.1 	A bill for an act
1.2 	relating to natural resources; modifying conditions for a person to receive 
1.3 	emergency crop protection assistance; providing for wildlife disease prevention; 
1.4 	amending Minnesota Statutes 2004, sections 97A.028, subdivision 3; 97A.045, 
1.5 	subdivision 11.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 97A.028, subdivision 3, is amended to 
1.8 	read:
1.9 		Subd. 3.Emergency deterrent materials assistance. (a) For the purposes of this 
1.10 	subdivision, "cooperative damage management agreement" means an agreement between 
1.11 	a landowner or tenant and the commissioner that establishes a program for addressing the 
1.12 	problem of destruction of the landowner's or tenant's specialty crops or stored forage 
1.13 	crops by wild animals, or destruction of agricultural crops by flightless Canada geese.
1.14 	(b) A landowner or tenant may apply to the commissioner for emergency deterrent 
1.15 	materials assistance in controlling destruction of the landowner's or tenant's specialty 
1.16 	crops or stored forage crops by wild animals, or destruction of agricultural crops by 
1.17 	flightless Canada geese. Subject to the availability of money appropriated for this purpose, 
1.18 	the commissioner shall provide suitable deterrent materials when the commissioner 
1.19 	determines that:
1.20 	(1) immediate action is necessary to prevent significant damage from continuing, 
1.21 	or to prevent the spread of disease in wild animals; and
1.22 	(2) a cooperative damage management agreement cannot be implemented 
1.23 	immediately.
1.24 	(c) A person may receive emergency deterrent materials assistance under this 
1.25 	subdivision more than once, but the cumulative total value of deterrent materials provided 
2.1 	to a person, or for use on a parcel, may not exceed $3,000 for specialty crops or measures 
2.2 	to prevent the spread of disease in wild animals in animal disease quarantine areas 
2.3 	established by the Board of Animal Health, or $750 for protecting stored forage crops, 
2.4 	or $500 for agricultural crops damaged by flightless Canada geese. If a person is a 
2.5 	co-owner or cotenant with respect to the specialty crops for which the deterrent materials 
2.6 	are provided, the deterrent materials are deemed to be "provided" to the person for the 
2.7 	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.

2.17 	Sec. 2. Minnesota Statutes 2004, section 97A.045, subdivision 11, is amended to read:
2.18 		Subd. 11.Power to prevent or control wildlife disease. (a) If the commissioner 
2.19 	determines that action is necessary to prevent or control a wildlife disease, the 
2.20 	commissioner may prevent or control wildlife disease in a species of wild animal in 
2.21 	addition to the protection provided by the game and fish laws by further limiting, closing, 
2.22 	expanding, or opening seasons or areas of the state; by reducing or increasing limits in 
2.23 	areas of the state; by establishing disease management zones; by authorizing free licenses; 
2.24 	by allowing shooting from motor vehicles by persons designated by the commissioner; 
2.25 	by issuing replacement licenses for sick animals; by requiring sample collection from 
2.26 	hunter-harvested animals; by limiting wild animal possession, transportation, and 
2.27 	disposition; and by restricting wildlife feeding.
2.28 	(b) The commissioner shall restrict wildlife feeding within a 15-mile radius of a 
2.29 	cattle herd that is infected with bovine tuberculosis.
2.30 	(c) The commissioner may prevent or control wildlife disease in a species of wild 
2.31 	animal in the state by emergency rule adopted under section  84.027, subdivision 13.