HF 4164

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for bovine tuberculosis management;
providing civil penalties; amending Minnesota Statutes 2006, section 97A.045,
subdivision 11.

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

Section 1.

Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to
read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) The commissioner shall restrict wildlife feeding within deleted text begin a 15-mile radius of
a cattle herd that is infected with bovine tuberculosis. deleted text end new text begin the modified accredited bovine
tuberculosis zone proposed by the Board of Animal Health until the zone is upgraded by
the United States Department of Agriculture to a bovine tuberculosis status of modified
accredited advanced or better. In addition to any other penalties provided by law, a person
who violates wildlife feeding restrictions required under this paragraph may not obtain a
hunting license to take a wild animal for two years after the date of conviction.
new text end

new text begin The following restrictions on wildlife feeding activities are in effect within the
modified accredited bovine tuberculosis zone:
new text end

new text begin (1) except as provided in clauses (2) and (3), a person may not place or distribute
feed in an area frequented by deer or elk or knowingly allow another person to place or
distribute feed on property under the person's ownership or lease. For purposes of this
paragraph, "feed" means grains, fruits, vegetables, nuts, hay, or other food that is capable
of attracting or enticing deer or elk. Liquid scents are not feed;
new text end

new text begin (2) unless otherwise prescribed by the commissioner, wildlife feeding is allowed
if the feed is placed in such a manner as to exclude access to deer and elk or the feed is
placed at least six feet above the ground; and
new text end

new text begin (3) the prohibition in clause (1) does not apply to feed that is present solely as a
result of normal agriculture, forest management, or wildlife feed planting practices. It also
does not apply to feed that is for agricultural or livestock purposes if the feed is:
new text end

new text begin (i) placed for domestic livestock that are present and actively consuming the feed on
a daily basis;
new text end

new text begin (ii) covered to deter deer or elk from gaining access to the feed; or
new text end

new text begin (iii) stored consistently with normal agricultural practices.
new text end

(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.