HF 307

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to animal health; providing for regulation of
certain cervidae by the Board of Animal Health;
amending Minnesota Statutes 2004, sections 17.452, by
adding a subdivision; 35.155; proposing coding for new
law in Minnesota Statutes, chapter 35; repealing
Minnesota Statutes 2004, sections 17.451; 17.452,
subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, 16.

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

Section 1.

Minnesota Statutes 2004, section 17.452, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Other applicable definitions. new text end

new text begin The definitions
in section 35.153 apply to this section.
new text end

Sec. 2.

new text begin [35.153] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this
section apply to section 17.452, this section, and section
35.155.
new text end

new text begin Subd. 2. new text end

new text begin Cervidae. new text end

new text begin "Cervidae" means animals that are
members of the family Cervidae and includes, but is not limited
to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
reindeer, and muntjac.
new text end

new text begin Subd. 3. new text end

new text begin Farmed cervidae. new text end

new text begin "Farmed cervidae" means
cervidae that are:
new text end

new text begin (1) raised for any purpose; and
new text end

new text begin (2) registered in a manner approved by the Board of Animal
Health.
new text end

new text begin Subd. 4. new text end

new text begin Owner. new text end

new text begin "Owner" means a person who owns or is
responsible for the raising of farmed cervidae.
new text end

new text begin Subd. 5. new text end

new text begin Herd. new text end

new text begin "Herd" means all cervidae:
new text end

new text begin (1) maintained on common ground for any purpose; or
new text end

new text begin (2) under common ownership or supervision, geographically
separated, but that have an interchange or movement of animals
without regard to whether the animals are infected with or
exposed to diseases.
new text end

Sec. 3.

Minnesota Statutes 2004, section 35.155, is
amended to read:

35.155 FARMED CERVIDAE.

new text begin Subdivision 1. new text end

new text begin Running at large prohibited. new text end

new text begin (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 notify 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.
new text end

new text begin (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.
new text end

new text begin (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 end

new text begin Subd. 2. new text end

new text begin Wild cervidae inside confinement area. new text end

new text begin An owner
or an employee or agent under the direction of the owner must
destroy wild cervidae found within the owner's farmed cervidae
confinement area. The owner, employee, or agent must report the
wild cervidae destroyed to a conservation officer or an employee
of the Department of Natural Resources, Division of Wildlife,
within 24 hours. The wild cervidae must be disposed of as
prescribed by the commissioner of natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Farming in native elk area. new text end

new text begin A person may not
raise farmed red deer in the native elk area without written
approval of the commissioner of natural resources. The native
elk area is the area north of U.S. Highway 2 and west of U.S.
Highway 71 and trunk highway 72. The commissioner of natural
resources shall review the proposed farming operation and
approve with any condition or deny approval based on risks to
the native elk population.
new text end

new text begin Subd. 4. new text end

new text begin Fencing. new text end

new text begin Farmed cervidae must be confined in a
manner designed to prevent escape. All 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 or entry into the premises by free-roaming
cervidae.
new text end

new text begin Subd. 5. new text end

new text begin Disease control programs. new text end

new text begin Farmed cervidae are
subject to this chapter and the rules of the Board of Animal
Health in the same manner as other livestock and domestic
animals, including provisions related to importation and
transportation.
new text end

new text begin Subd. 6. new text end

new text begin Identification. new text end

new text begin (a) Farmed cervidae must be
identified by means approved by the Board of Animal Health. The
identification must be visible to the naked eye during daylight
under normal conditions at a distance of 50 yards. Newborn
animals must be identified before December 31 of the year in
which the animal is born or before movement from the premises,
whichever occurs first.
new text end

new text begin (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 shall 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 end

new text begin Subd. 7. new text end

new text begin Inspection. new text end

new text begin The commissioner of agriculture and
the Board of Animal Health may inspect farmed cervidae, farmed
cervidae facilities, and farmed cervidae records. For each
herd, the owner or owners must, on or before January 1, pay an
annual inspection fee equal to $10 for each cervid in the herd
as reflected in the most recent inventory submitted to the Board
of Animal Health, up to a maximum fee of $100. The commissioner
of natural resources may inspect farmed cervidae, farmed
cervidae facilities, and farmed cervidae records with reasonable
suspicion that laws protecting native wild animals have been
violated and must notify the owner in writing at the time of the
inspection of the reason for the inspection and must inform the
owner in writing after the inspection of whether (1) the cause
of the inspection was unfounded; or (2) there will be an ongoing
investigation or continuing evaluation.
new text end

new text begin Subd. 8. new text end

new text begin Cervidae inspection account. new text end

new text begin A cervidae
inspection account is established in the state treasury. The
fees collected under this section and interest attributable to
money in the account must be deposited in the state treasury and
credited to the cervidae inspection account in the special
revenue fund. Money in the account, including interest earned,
is appropriated to the Board of Animal Health for the
administration and enforcement of this section.
new text end

new text begin Subd. 9. new text end

new text begin Contested case hearing. new text end

new text begin A person raising farmed
cervidae that is aggrieved with any decision regarding the
farmed cervidae may request a contested case hearing under
chapter 14.
new text end

new text begin Subd. 10. new text end

new text begin Mandatory registration. new text end

new text begin 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.
new text end

new text begin Subd. 11. new text end

new text begin Mandatory surveillance for chronic wasting
disease. new text end

new text begin (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.
new text end

new text begin (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 end

new text begin (c) All animals from farmed cervidae herds that are over 16
months of age that die or are slaughtered must be tested for
chronic wasting disease.
new text end

new text begin Subd. 12. new text end

new text begin Importation. new text end

A person must not import cervidae
into the state from a herd that is infected or exposed to
chronic wasting disease or from a known chronic wasting disease
endemic area, as determined by the board. A person may import
cervidae into the state only from a herd that is not in a known
chronic wasting disease endemic area, as determined by the
board, and the herd has been subject to a state or provincial
approved chronic wasting disease monitoring program for at least
three years. Cervidae imported in violation of this section may
be seized and destroyed by the commissioner of natural resources.

new text begin Subd. 13. new text end

new text begin Rules. new text end

new text begin The Board of Animal Health shall adopt
rules as necessary to implement this section and to otherwise
provide for the control of cervidae diseases.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change cross-references in
Minnesota Statutes and Minnesota Rules to reflect the amendments
and repealers in sections 1 to 5.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 17.451; and 17.452,
subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, and 16, are
repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final
enactment.
new text end