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HF 1727

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 03:55pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; modifying requirements for farmed Cervidae;
transferring duty to regulate farmed Cervidae to commissioner of natural resources;
modifying provisions to import Cervidae carcasses; appropriating money; amending
Minnesota Statutes 2020, sections 35.155, subdivisions 1, 4, 6, 10, 11, by adding
a subdivision; 97A.505, subdivision 8.

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 4, is amended to read:


Subd. 4.

Fencing.

Farmed Cervidae must be confined in a manner designed to prevent
escape. new text beginExcept as provided in subdivision 4a, new text endall perimeter fences for farmed Cervidae must
be at least 96 inches in height and be constructed and maintained in a way that prevents the
escape of farmed Cervidae deleted text beginordeleted text endnew text begin,new text end entry into the premises by free-roaming Cervidaenew text begin, or physical
contact between farmed Cervidae and free-roaming Cervidae
new text end. deleted text beginAfter July 1, 2019,deleted text end All new
fencing installed and all fencing used to repair deficiencies must be high tensile. deleted text beginBy
December 1, 2019,
deleted text end All entry areas for farmed Cervidae enclosure areas must have two
redundant gates, which must be maintained to prevent the escape of animals through an
open gate. If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner
must repair the deficiency within a reasonable time, as determined by the Board of Animal
Health, not to exceed 45 days. If a fence deficiency is detected during an inspection, the
facility must be reinspected at least once in the subsequent three months. The farmed
Cervidae owner must pay a reinspection fee equal to one-half the applicable annual inspection
fee under subdivision 7a for each reinspection related to a fence violation. If the facility
experiences more than one escape incident in any six-month period or fails to correct a
deficiency found during an inspection, the board may revoke the facility's registration and
order the owner to remove or destroy the animals as directed by the board. If the board
revokes a facility's registration, the commissioner of natural resources may seize and destroy
animals at the facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 35.155, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Fencing; commercial herds. new text end

new text begin In addition to the requirements in subdivision
4, commercially farmed white-tailed deer must be confined by two or more perimeter fences,
with each perimeter fence at least 120 inches in height.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2022.
new text end

Sec. 4.

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 with 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, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 35.155, subdivision 10, is amended to read:


Subd. 10.

Mandatory registration.

(a) A person may not possess live Cervidae in
Minnesota unless the person is registered with the Board of Animal Health and meets all
the requirements for farmed Cervidae under this section. Cervidae possessed in violation
of this subdivision may be seized and destroyed by the commissioner of natural resources.

(b) A person whose registration is revoked by the board is ineligible for future registration
under this section unless the board determines that the person has undertaken measures that
make future escapes extremely unlikely.

new text begin (c) The board must not allow new registrations under this section for possessing
white-tailed deer.
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. 6.

Minnesota Statutes 2020, section 35.155, subdivision 11, is amended to read:


Subd. 11.

Mandatory surveillance for chronic wasting disease; depopulation.

(a)
An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
and filed with the Board of Animal Health every 12 months.

(b) Movement of farmed Cervidae from any premises to another location must be reported
to the Board of Animal Health within 14 days of the movement on forms approved by the
Board of Animal Health.new text begin A person must not move farmed white-tailed deer from any premises
to another location.
new text end

(c) All animals from farmed Cervidae herds that are over 12 months of age that die or
are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

(1) depopulate the premises of Cervidae after the appraisal process for federal
indemnification has been completed or, if an indemnification application is not submitted,
within a reasonable time determined by the board in consultation with the commissioner of
natural resources;

(2) maintain the fencing required under deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 4new text begin and 4anew text end on the premises
for deleted text beginfivedeleted text endnew text begin tennew text end years after the date of detection; deleted text beginand
deleted text end

(3) post the fencing on the premises with biohazard signs as directed by the boarddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) not raise farmed Cervidae on the premises for at least ten years.
new text end

Sec. 7.

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. 8. new text beginTRANSFER OF DUTIES; FARMED CERVIDAE.
new text end

new text begin The responsibilities for administering and enforcing the statutes and rules listed in clauses
(1) and (2) are transferred pursuant to Minnesota Statutes, section 15.039, from the Board
of Animal Health to the commissioner of natural resources:
new text end

new text begin (1) Minnesota Statutes, sections 35.153 and 35.155; and
new text end

new text begin (2) Minnesota Rules, parts 1721.0370 to 1721.0420.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9. new text beginADOPT-A-DUMPSTER PROGRAM; APPROPRIATION.
new text end

new text begin $250,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of natural resources for the chronic wasting disease adopt-a-dumpster program established
under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 6,
paragraph (c). This is a onetime appropriation and is in addition to other amounts appropriated
for this purpose.
new text end

Sec. 10. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter
35, and Minnesota Rules, chapter 1721, as necessary to conform with section 8. The revisor
must also change the responsible agency and make necessary cross-reference changes
consistent with section 8 and the renumbering.
new text end