HF 4016

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

A bill for an act
relating to game and fish; modifying conditions for a person to receive emergency
crop protection assistance; amending Minnesota Statutes 2004, section 97A.028,
subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 97A.028, subdivision 3, is amended to
read:

Subd. 3.

Emergency deterrent materials assistance.

(a) For the purposes of this
subdivision, "cooperative damage management agreement" means an agreement between
a landowner or tenant and the commissioner that establishes a program for addressing the
problem of destruction of the landowner's or tenant's specialty crops or stored forage
crops by wild animals, or destruction of agricultural crops by flightless Canada geese.

(b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese. Subject to the availability of money appropriated for this purpose,
the commissioner shall provide suitable deterrent materials when the commissioner
determines that:

(1) immediate action is necessary to prevent significant damage from continuing new text begin , to
prevent significant damage that is likely to occur, or to prevent the spread of disease in
wild animals new text end ; and

(2) a cooperative damage management agreement cannot be implemented
immediately.

(c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, or $750 for
stored forage crops, or $500 for agricultural crops damaged by flightless Canada geese.
If a person is a co-owner or cotenant with respect to the specialty crops for which the
deterrent materials are provided, the deterrent materials are deemed to be "provided" to
the person for the purposes of this paragraph.

(d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.