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HF 219

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 03:48pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to game and fish; modifying provisions on farmed Cervidae; modifying
firearms restrictions; permanently allowing portable stands in certain wildlife
management areas; modifying Cervidae carcass transportation restrictions;
amending Minnesota Statutes 2020, sections 35.155, subdivisions 1, 6; 97A.015,
subdivision 51; 97A.137, subdivision 5; 97A.505, subdivision 8; 97B.031,
subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2020, section
97B.318.

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

Section 1.

Minnesota Statutes 2020, 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 beginimmediately new text endnotify
the commissioner of natural resources of the escape of farmed Cervidae if the farmed
Cervidae are not returned or captured by the owner within 24 hours of their escape.

(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) If an owner is unwilling or unable to capture escaped farmed Cervidae, the
commissioner of natural resources may destroy the escaped farmed Cervidae. 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.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, 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 must be visible to the naked eye during
daylight under normal conditions at a distance of 50 yards. new text beginThe identification for white-tailed
deer must also include contact information of a phone number or address that enables the
reader to readily identify the owner of escaped deer. This contact information does not need
to be visible from a distance of 50 yards.
new text endWhite-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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 97A.015, subdivision 51, is amended to read:


Subd. 51.

Unloaded.

"Unloaded" means, with reference to a firearm, without ammunition
in the barrels and magazine, if the magazine is in the firearm. A muzzle-loading firearm
deleted text begin withdeleted text endnew text begin is unloaded if:
new text end

new text begin (1) fornew text end a flintlock ignition deleted text beginis unloaded ifdeleted text endnew text begin,new text end it does not have priming powder in a pandeleted text begin. A
muzzle-loading firearm with
deleted text endnew text begin;
new text end

new text begin (2) for anew text end percussion ignition deleted text beginis unloaded ifdeleted text endnew text begin,new text end it does not have a percussion cap on a nippledeleted text begin.deleted text endnew text begin;
new text end

new text begin (3) for an electronic ignition system, the battery is removed and is disconnected from
the firearm; and
new text end

new text begin (4) for an encapsulated powder charge ignition system, the primer and powder charge
are removed from the firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 97A.137, subdivision 5, is amended to read:


Subd. 5.

Portable stands.

(a) Prior to the Saturday on or nearest September 16, a portable
stand may be left overnight in a wildlife management area by a person with a valid bear
license who is hunting within 100 yards of a bear bait site that is legally tagged and registered
as prescribed under section 97B.425. Any person leaving a portable stand overnight under
this subdivision must affix a tag with: (1) the person's name and address; (2) the licensee's
driver's license number; or (3) the "MDNR#" license identification number issued to the
licensee. The tag must be affixed to the stand in a manner that it can be read from the ground.

(b) From November 1 through December 31, a portable stand may be left overnight by
a person possessing a license to take deer in a wildlife management area located in whole
or in part north and west of a line described as follows:

State Trunk Highway 1 from the west boundary of the state to State Trunk Highway 89;
then north along State Trunk Highway 89 to Fourtown; then north on County State-Aid
Highway 44, Beltrami County, to County Road 704, Beltrami County; then north on County
Road 704 to Dick's Parkway State Forest Road; then north on Dick's Parkway to County
State-Aid Highway 5, Roseau County; then north on County State-Aid Highway 5 to
Warroad; then north on State Trunk Highway 11 to State Trunk Highway 313; then north
on State Trunk Highway 313 to the north boundary of the state.

A person leaving a portable stand overnight under this paragraph must affix a tag with: (1)
the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#"
license identification number issued to the licensee. The tag must be affixed to the stand so
that it can be read from the ground and must be made of a material sufficient to withstand
weather conditions. A person leaving a portable stand overnight in a wildlife management
area under this paragraph may not leave more than two portable stands in any one wildlife
management area. Unoccupied portable stands left overnight under this paragraph may be
used by any member of the public. deleted text beginThis paragraph expires December 31, 2019.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

Sec. 5.

Minnesota Statutes 2020, section 97A.505, subdivision 8, is amended to read:


Subd. 8.

Importing deleted text beginhunter-harvesteddeleted text end Cervidaenew text begin carcassesnew text end.

new text begin(a) new text endImporting
deleted text begin hunter-harvesteddeleted text end Cervidae carcassesnew text begin procured by any meansnew text end into Minnesota is prohibited
except for cut and wrapped meat, quarters or other portions of meat with no part of the
spinal column or head attached, antlers, hides, teeth, finished taxidermy mounts, and antlers
attached to skull caps that are cleaned of all brain tissue. deleted text beginHunter-harvested
deleted text end

new text begin (b)new text end Cervidae carcasses deleted text begintakendeleted text endnew text begin originating fromnew text end outside of Minnesota may be transported
on a direct route through the state by nonresidents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 97B.031, subdivision 1, is amended to read:


Subdivision 1.

Permissible firearms and ammunition; big game and wolves.

A person
may take big game and wolves with a firearm only if:

(1) deleted text beginthedeleted text endnew text begin anynew text end rifle, shotgun, deleted text beginanddeleted text endnew text begin ornew text end handgun used is a caliber of at least .22 inches and deleted text beginwithdeleted text endnew text begin
has
new text end centerfire ignition;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .22 inches and has a soft point or is an
expanding bullet type;

(4) deleted text beginthedeleted text endnew text begin anynew text end muzzleloader used deleted text beginis incapable of beingdeleted text endnew text begin has the projectilenew text end loadednew text begin onlynew text end at the
deleted text begin breechdeleted text endnew text begin muzzlenew text end;

(5) deleted text beginthedeleted text endnew text begin anynew text end smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) deleted text beginthedeleted text endnew text begin anynew text end rifled muzzleloader used is a caliber of at least .40 inches.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 97B.031, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Regular firearms deer season. new text end

new text begin During the regular firearms deer season, all
legal firearms may be used statewide.
new text end

Sec. 8. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 97B.318, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0219-1

97B.318 ARMS USE AREAS AND RESTRICTIONS; REGULAR FIREARMS SEASON.

Subdivision 1.

Shotgun use area.

During the regular firearms season in the shotgun use area, only legal shotguns loaded with single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns may be used for taking deer. Legal shotguns include those with rifled barrels. The shotgun use area is that portion of the state lying within the following described boundary: Beginning on the west boundary of the state at the northern boundary of Clay County; thence along the northern boundary of Clay County to State Trunk Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway (CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to the Mississippi River; thence along the east bank of the Mississippi River to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the state; thence along the east, south, and west boundaries of the state to the point of beginning.

Subd. 2.

All legal firearms use area.

The all legal firearms use area is that part of the state lying outside of the shotgun use area.