HF 4844

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 04:19pm

A bill for an act
relating to natural resources; prohibiting the release of domestic hogs; clarifying
agency jurisdiction; establishing civil penalties; requiring outreach; repealing
voluntary fur farm registration; modifying fur farm licensing provisions;
appropriating money; amending Minnesota Statutes 2022, sections 97A.105;
97A.56, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2023
Supplement, section 17.457; proposing coding for new law in Minnesota Statutes,
chapter 97A; repealing Minnesota Statutes 2022, section 17.353.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 17.457, is amended to read:

17.457 RESTRICTED SPECIES new text begin AND DOMESTIC HOG CONTROL new text end .

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of agriculture or the commissioner's
designee.

new text begin (c) "Domestic hogs" means members of the subspecies Sus scrofa domesticus.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Restricted species" means deleted text begin Eurasian wild pigs and their hybrids (Sus scrofa
subspecies and Sus scrofa hybrids) deleted text end new text begin pigs, boars, peccaries, and all other members of the
Suidae family and the Tayassuidae family new text end , excluding domestic hogs deleted text begin (S. scrofa domesticus) deleted text end .

deleted text begin (d) deleted text end new text begin (e) new text end "Release" means an intentional introduction or accidental escape of a new text begin restricted
new text end species new text begin or domestic hog new text end from the control of the owner or responsible party.

Subd. 2.

deleted text begin Importation; possession; release of restricted species deleted text end new text begin Restricted species
permit required new text end .

It is unlawful for a person to import, possess, propagate, new text begin or new text end transport deleted text begin , or
release deleted text end new text begin a new text end restricted species, unless the person has a permit as described in subdivision 3.

new text begin Subd. 2a. new text end

new text begin Release of restricted species or domestic hogs prohibited. new text end

new text begin (a) It is unlawful
for a person to release restricted species or domestic hogs.
new text end

new text begin (b) In addition to the penalties in subdivision 6, a person who violates paragraph (a)
must do the following at the person's expense and by the date and time specified by the
commissioner:
new text end

new text begin (1) register their premises with the Board of Animal Health;
new text end

new text begin (2) implement the confinement standards and record-keeping requirements developed
by the commissioner under subdivision 8; and
new text end

new text begin (3) reimburse the commissioner for costs incurred to annually inspect the registered
premises and verify compliance with clause (2).
new text end

Subd. 3.

Permits.

The commissioner may issue permits for the transportation, possession,
purchase, or importation of restricted species new text begin only new text end for scientific, research, new text begin or new text end educational deleted text begin ,
or commercial deleted text end purposes. A permit issued under this subdivision may be revoked by the
commissioner if the conditions of the permit are not met by the permittee or for any unlawful
act or omission, including accidental escapes.

Subd. 4.

Notice of release of restricted species new text begin or domestic hogs new text end .

In the event of a
release of a restricted species new text begin or domestic hog new text end , the owner must notify within 24 hours a
conservation officer and the Board of Animal Health and is responsible for the recovery of
the species. deleted text begin The commissioner may capture or destroy the released animal at the owner's
expense. deleted text end new text begin If the owner does not provide notification or fails to recover the animal within 72
hours of providing notification, the released animal is considered feral swine under section
97A.56, is no longer the personal property of the owner, and may be captured or destroyed
at the former owner's expense by a peace officer or by the commissioner of natural resources
under section 97A.045, subdivision 1, paragraph (b), or other authority.
new text end

Subd. 5.

Enforcement.

new text begin (a) new text end This section may be enforced by new text begin a peace officer, new text end an
enforcement officer under sections 97A.205 and 97A.211 new text begin , new text end and new text begin , except as provided in
paragraph (b), new text end by the commissioner under sections 17.982 to deleted text begin 17.984 deleted text end new text begin 17.983 new text end .

new text begin (b) For the first violation of this section, the commissioner may impose an administrative
penalty of no more than $1,000. For a second violation, the commissioner may impose an
administrative penalty of no more than $1,500. For a third or succeeding violation, the
commissioner may impose an administrative penalty of no more than $3,000 for each
violation.
new text end

Subd. 6.

deleted text begin Penalty deleted text end new text begin Penalties new text end .

new text begin (a) new text end A person who violates subdivision 2, new text begin 2a, new text end 4, or 7 is guilty
of a misdemeanor.

new text begin (b) A person who violates subdivision 2a, paragraph (a), is liable to the state for costs
associated with a release. The attorney general may enforce this paragraph on behalf of any
state agency affected.
new text end

Subd. 7.

Identification requirements.

A restricted species in the possession of a person
must be marked in a permanent fashion to identify ownership. The restricted species must
be marked as soon as practicable after birth or purchase.

Subd. 8.

Containment.

The commissioner, in consultation with the commissioner of
natural resources, shall develop new text begin :
new text end

new text begin (1) new text end criteria for approved containment measures for restricted species new text begin ; and
new text end

new text begin (2) the confinement standards and record-keeping requirements under subdivision 2a new text end .

Subd. 9.

Bond; security.

A person who possesses restricted species must provide proof
of insurance or file a security bond with the commissioner in an amount determined by the
commissioner to pay for the potential costs and damages that would be caused by the release
of a restricted species.

Subd. 10.

Fee.

The commissioner may impose a fee for permits in an amount sufficient
to cover the costs of issuing the permits and for facility inspections. The fee may not exceed
$50. Fee receipts must be deposited in the general fund.

Sec. 2.

Minnesota Statutes 2022, section 97A.105, is amended to read:

97A.105 GAME deleted text begin AND FUR deleted text end FARMS.

Subdivision 1.

License requirements.

(a) A person may breed and propagate deleted text begin fur-bearing
animals, deleted text end game birds, bear, or mute swans only on privately owned or leased land and after
obtaining a license. Any of the permitted animals on a game farm may be sold to other
licensed game farms. "Privately owned or leased land" includes waters that are shallow or
marshy, are not actually navigable, and are not of substantial beneficial public use. Before
an application for a license is considered, the applicant must enclose the area to sufficiently
confine the animals to be raised in a manner approved by the commissioner. A license may
be granted only if the commissioner finds the application is made in good faith with intention
to actually carry on the business described in the application and the commissioner determines
that the facilities are adequate for the business.

(b) A person may purchase live game birds or their eggs without a license if the birds
or eggs, or birds hatched from the eggs, are released into the wild, consumed, or processed
for consumption within one year after they were purchased or hatched. This paragraph does
not apply to the purchase of migratory waterfowl or their eggs.

(c) A person may not introduce mute swans into the wild without a permit issued by the
commissioner.

Subd. 2.

Transfer of license.

(a) A game deleted text begin or fur deleted text end farm license is transferable with the
transfer of all or a portion of the title or leasehold of the land if:

(1) the land transferred complies with the license requirements;

(2) the land is used for the purposes of the license; and

(3) a verified written report of the existing and intended land use is made to the
commissioner, accompanied by a copy of deed, assignment, lease, or other instrument
transferring the corresponding title or leasehold in the enclosed land.

(b) A transfer of less than the whole interest in the license is not valid. Each bona fide
partner or associate in the ownership or operation of a game deleted text begin or fur deleted text end farm must obtain a
separate license.

Subd. 3.

Ownership of wild animals.

All wild animals and their offspring, of the species
identified in the license, that are within the enclosure are the property of the game deleted text begin and fur deleted text end
farm licensee.

Subd. 4.

Sale of live animals.

(a) A sale of live animals from a licensed deleted text begin fur or deleted text end game
farm is not valid unless the animals are delivered to the purchaser or they are identified and
kept separately.

(b) Live animals sold through auction or through a broker are considered to be sold by
the game farm licensee.

(c) The sale agreement or contract must be in writing. The licensee must notify a
purchaser of the death of an animal within 30 days and of the number of increase before
July 20 of each year.

Subd. 5.

Sale of deleted text begin pelts deleted text end new text begin products new text end .

The commissioner shall prescribe:

(1) the manner that deleted text begin pelts and deleted text end products of wild animals raised on deleted text begin fur or deleted text end game farms may
be sold or transported; and

(2) the tags or seals to be affixed to the deleted text begin pelts and deleted text end products.

deleted text begin Subd. 6. deleted text end

deleted text begin Fox and mink. deleted text end

deleted text begin Fox and mink may not be bought or sold for breeding or
propagating unless they have been pen-bred for at least two generations.
deleted text end

deleted text begin Subd. 7. deleted text end

deleted text begin Transporting live beaver. deleted text end

deleted text begin Live beaver may not be transported without a permit
from the commissioner.
deleted text end

Subd. 8.

Penalty.

A licensee that does not comply with a provision of this section subjects
all wild animals on the game deleted text begin or fur deleted text end farm to confiscation.

Subd. 9.

Rules.

The commissioner may adopt rules for:

(1) deleted text begin the issuance of deleted text end new text begin issuing new text end game farm licenses;

(2) deleted text begin the inspection of deleted text end new text begin inspecting new text end game farm facilities;

(3) deleted text begin the acquisition and disposal deleted text end new text begin acquiring and disposing new text end of game farm animals; and

(4) record keeping and reporting by game farm licensees, including transactions handled
by auction or broker.

Sec. 3.

new text begin [97A.106] FUR FARMS.
new text end

new text begin Subdivision 1. new text end

new text begin License requirements. new text end

new text begin A person may breed and propagate fur-bearing
animals only on privately owned or leased land and after obtaining a license. Any of the
permitted animals on a fur farm may be sold to other licensed fur farms. "Privately owned
or leased land" includes waters that are shallow or marshy, are not actually navigable, and
are not of substantial beneficial public use. Before an application for a license is considered,
the applicant must enclose the area to sufficiently confine the animals to be raised in a
manner approved by the commissioner. A license may be granted only if the commissioner
finds the application is made in good faith with intention to actually carry on the business
described in the application and the commissioner determines that the facilities are adequate
for the business.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of license. new text end

new text begin (a) A fur farm license is transferable with the transfer of
all or a portion of the title or leasehold of the land if:
new text end

new text begin (1) the land transferred complies with the license requirements;
new text end

new text begin (2) the land is used for the purposes of the license; and
new text end

new text begin (3) a verified written report of the existing and intended land use is made to the
commissioner, accompanied by a copy of deed, assignment, lease, or other instrument
transferring the corresponding title or leasehold in the enclosed land.
new text end

new text begin (b) A transfer of less than the whole interest in the license is not valid. Each bona fide
partner or associate in the ownership or operation of a fur farm must obtain a separate
license.
new text end

new text begin Subd. 3. new text end

new text begin License fee. new text end

new text begin For each fur farm, the owner must, on or before January 1, pay to
the commissioner an annual fee of $........
new text end

new text begin Subd. 4. new text end

new text begin Fur farm account. new text end

new text begin The fur farm account is established in the game and fish
fund. Fees collected under this section and interest attributable to money in the account
must be deposited in the account. Money in the account, including interest earned, is
appropriated to the commissioner for administration and enforcement of this section.
new text end

new text begin Subd. 5. new text end

new text begin Ownership of wild animals. new text end

new text begin All wild animals and their offspring, of the species
identified in the license, that are within the enclosure are the property of the fur farm licensee.
new text end

new text begin Subd. 6. new text end

new text begin Containment and disease control. new text end

new text begin The commissioner, in consultation with
the Board of Animal Health and the commissioners of agriculture and health, must develop:
new text end

new text begin (1) containment and disposal requirements for farmed fur-bearers; and
new text end

new text begin (2) farmed fur-bearer disease testing and reporting requirements.
new text end

new text begin Subd. 7. new text end

new text begin Sale of live animals. new text end

new text begin (a) A sale of live animals from a licensed fur farm is not
valid unless the animals are delivered to the purchaser or they are identified and kept
separately.
new text end

new text begin (b) Live animals sold through auction or through a broker are considered to be sold by
the fur farm licensee.
new text end

new text begin (c) The sale agreement or contract must be in writing. The licensee must notify a
purchaser of the death of an animal within 30 days and of the number of increase before
July 20 of each year.
new text end

new text begin Subd. 8. new text end

new text begin Sale of pelts and products. new text end

new text begin The commissioner must prescribe:
new text end

new text begin (1) the manner that pelts and products of wild animals raised on fur farms may be sold
or transported; and
new text end

new text begin (2) the tags or seals to be affixed to the pelts and products.
new text end

new text begin Subd. 9. new text end

new text begin Fox and mink. new text end

new text begin Fox and mink may not be bought or sold for breeding or
propagating unless they have been pen-bred for at least two generations.
new text end

new text begin Subd. 10. new text end

new text begin Transporting live beaver. new text end

new text begin Live beaver may not be transported without a
permit from the commissioner.
new text end

new text begin Subd. 11. new text end

new text begin Penalty. new text end

new text begin A licensee that does not comply with a provision of this section
subjects all wild animals on the fur farm to confiscation.
new text end

new text begin Subd. 12. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules for:
new text end

new text begin (1) issuing fur farm licenses;
new text end

new text begin (2) inspecting fur farm facilities;
new text end

new text begin (3) acquiring fur farm animals; and
new text end

new text begin (4) record keeping and reporting by fur farm licensees, including transactions handled
by auction or broker.
new text end

Sec. 4.

Minnesota Statutes 2022, section 97A.56, subdivision 1, is amended to read:

Subdivision 1.

Definition.

deleted text begin For purposes of this section, deleted text end new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "Domestic hogs" has the meaning given under section 17.457, subdivision 1.
new text end

new text begin (c) new text end "Feral swine" means deleted text begin a member deleted text end new text begin an animal new text end of the deleted text begin genus and species Sus scrofa deleted text end new text begin family
Suidae or Tayassuidae new text end that lives in the wild new text begin or has lived in the wild during any part of the
animal's lifetime. Feral swine includes released domestic hogs, unless the owner satisfies
the notification requirements of section 17.457, subdivision 4, and recovers the released
domestic hogs within 72 hours of notification new text end .

new text begin (d) "Release" has the meaning given under section 17.457, subdivision 1.
new text end

Sec. 5.

Minnesota Statutes 2022, section 97A.56, subdivision 2, is amended to read:

Subd. 2.

Prohibited actions; penalty.

(a) new text begin Unless authorized by permit under section
17.457, subdivision 3, new text end a person may not possess or release feral swine deleted text begin or swine that were
feral during any part of the swine's lifetime deleted text end or new text begin otherwise new text end allow feral swine to run at large.

(b) A person may not hunt or trap feral swine, except as authorized by the commissioner
for feral swine control or eradication. It is not a violation of this section if a person shoots
a feral swine and reports the taking to the commissioner within 24 hours. All new text begin feral new text end swine
taken in this manner must be surrendered to the commissioner.

(c) A person who violates this subdivision is guilty of a misdemeanor.

new text begin (d) A person who violates this subdivision is liable for the actual costs incurred by the
state for the possession or release of the feral swine.
new text end

new text begin (e) A person who violates this subdivision is liable for the damages caused by the
possession or release of the feral swine.
new text end

Sec. 6.

Minnesota Statutes 2022, section 97A.56, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Domestic hogs and feral swine response protocols. new text end

new text begin The commissioner, in
cooperation with the commissioner of agriculture and the Board of Animal Health, must
develop protocols for responding to the release of domestic hogs and feral swine, including
reporting requirements, interagency communications, and other actions necessary to resolve
the release.
new text end

Sec. 7. new text begin OUTREACH REQUIRED.
new text end

new text begin The commissioners of agriculture and natural resources and the Board of Animal Health
must jointly develop, and jointly or separately promote and provide to the public, current
and consistent outreach materials concerning:
new text end

new text begin (1) swine containment methods;
new text end

new text begin (2) sources of technical and financial assistance for small or hobby farms;
new text end

new text begin (3) the importance of preventing the establishment of feral hog populations;
new text end

new text begin (4) penalties for the accidental or intentional release of swine;
new text end

new text begin (5) effective and lawful methods of feral hog control; and
new text end

new text begin (6) other topics as identified by the commissioners and the board.
new text end

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the ... fund to the commissioner of natural
resources for feral swine monitoring, outreach, and response activities.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 17.353, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H4844-1

17.353 FUR FARMER REGISTRATION.

Subdivision 1.

Registration system.

The commissioner shall establish a registration system for fur farmers. The registration system shall be designed to maintain information required by the commissioner, United States Department of Agriculture, and other agencies.

Subd. 2.

Registration.

A fur farmer may register with the commissioner by submitting a completed registration form and a fee of $10 to the commissioner by December 31. The registration is valid for a calendar year. The registration form must state the name of the applicant, the location of the fur farming activity, the species of fur-bearing animals on the fur farm, and other information required by the commissioner.

Subd. 3.

Tags for transportation and sale.

The commissioner shall, if requested, furnish registered fur farmers tags, without a fee, for the transport and sale of fur-bearing animals and their products. A fur farmer transporting or selling pelts of fur-bearing animals may attach the tag to a package containing pelts.

Subd. 4.

Annual reports of pelts sold.

A registered fur farmer must file a verified report of the number of pelts of each species of fur-bearing animal sold during the preceding calendar year. The report must be filed with the commissioner by December 31.