SF 548

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for control 
  1.3             of chronic wasting disease and prevention or control 
  1.4             of wildlife disease; appropriating money; amending 
  1.5             Minnesota Statutes 2002, sections 17.451; 17.452, 
  1.6             subdivisions 8, 10, 11, 12, 13, by adding 
  1.7             subdivisions; 35.155; 84.027, subdivision 13; 97A.045, 
  1.8             by adding a subdivision; 97A.075, subdivision 1; 
  1.9             97A.105, subdivision 1; 97A.401, subdivision 3; 
  1.10            97A.441, by adding a subdivision; 97A.505, by adding 
  1.11            subdivisions; 97B.311; repealing Minnesota Statutes 
  1.12            2002, sections 97A.105, subdivisions 3a, 3b. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 17.451, is 
  1.15  amended to read: 
  1.16     17.451 [DEFINITIONS.] 
  1.17     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.18  section apply to this section and section 17.452. 
  1.19     Subd. 1a.  [CERVIDAE.] "Cervidae" means animals that are 
  1.20  members of the family Cervidae and includes, but is not limited 
  1.21  to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 
  1.22  reindeer, and muntjac. 
  1.23     Subd. 2.  [FARMED CERVIDAE.] "Farmed cervidae" means 
  1.24  members of the Cervidae family that are: 
  1.25     (1) raised for the any purpose of producing fiber, meat, or 
  1.26  animal by-products, as pets, or as breeding stock; and 
  1.27     (2) registered in a manner approved by the board of animal 
  1.28  health.  
  1.29     Subd. 3.  [OWNER.] "Owner" means a person who owns or is 
  2.1   responsible for the raising of farmed cervidae. 
  2.2      Subd. 4.  [HERD.] "Herd" means: 
  2.3      (1) all cervidae maintained on common ground for any 
  2.4   purpose; or 
  2.5      (2) all cervidae under common ownership or supervision, 
  2.6   geographically separated, but that have an interchange or 
  2.7   movement of animals without regard to whether the animals are 
  2.8   infected with or exposed to diseases. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 17.452, 
  2.10  subdivision 8, is amended to read: 
  2.11     Subd. 8.  [SLAUGHTER.] Farmed cervidae must be slaughtered 
  2.12  and inspected in accordance with chapters 31 and 31A or the 
  2.13  United States Department of Agriculture voluntary program for 
  2.14  exotic animals, Code of Federal Regulations, title 9, part 352. 
  2.15     Sec. 3.  Minnesota Statutes 2002, section 17.452, 
  2.16  subdivision 10, is amended to read: 
  2.17     Subd. 10.  [FENCING.] (a) Farmed cervidae must be confined 
  2.18  in a manner designed to prevent escape.  Fencing must meet the 
  2.19  requirements in this subdivision unless an alternative is 
  2.20  specifically approved by the commissioner.  The board of animal 
  2.21  health shall follow the guidelines established by the United 
  2.22  States Department of Agriculture in the program for eradication 
  2.23  of bovine tuberculosis.  Perimeter fencing must be of the 
  2.24  following heights: 
  2.25     (1) for fences constructed before August 1, 1995, for 
  2.26  farmed deer, at least 75 inches; 
  2.27     (2) for fences constructed before August 1, 1995, for 
  2.28  farmed elk, at least 90 inches; and 
  2.29     (3) for fences constructed on or after August 1, 1995, for 
  2.30  all farmed cervidae, at least 96 inches. 
  2.31     (b) The farmed cervidae advisory committee shall establish 
  2.32  guidelines designed to prevent the escape of farmed cervidae and 
  2.33  other appropriate management practices.  All perimeter fences 
  2.34  for farmed cervidae must be at least 96 inches in height and be 
  2.35  constructed and maintained in a way that prevents the escape of 
  2.36  farmed cervidae or entry into the premises by free-roaming 
  3.1   cervidae. 
  3.2      (c) The commissioner of agriculture in consultation with 
  3.3   the commissioner of natural resources shall adopt rules 
  3.4   prescribing fencing criteria for farmed cervidae. 
  3.5      [EFFECTIVE DATE.] This section is effective January 1, 2004.
  3.6      Sec. 4.  Minnesota Statutes 2002, section 17.452, 
  3.7   subdivision 11, is amended to read: 
  3.8      Subd. 11.  [DISEASE INSPECTION CONTROL PROGRAMS.] Farmed 
  3.9   cervidae herds are subject to chapter 35 and the rules of the 
  3.10  board of animal health in the same manner as livestock and 
  3.11  domestic animals, including provisions relating to importation 
  3.12  and transportation. 
  3.13     Sec. 5.  Minnesota Statutes 2002, section 17.452, 
  3.14  subdivision 12, is amended to read: 
  3.15     Subd. 12.  [IDENTIFICATION.] (a) Farmed cervidae must be 
  3.16  identified by United States Department of Agriculture metal ear 
  3.17  tags, electronic implants, or other means of identification 
  3.18  approved by the board of animal health in consultation with the 
  3.19  commissioner of natural resources.  Beginning January 1, 2004, 
  3.20  the identification must be visible to the naked eye during 
  3.21  daylight under normal conditions at a distance of 50 yards.  
  3.22  Newborn or imported animals are required to must be identified 
  3.23  by March 1 of each year before December 31 of the year in which 
  3.24  the animal is born or before movement from the premises, 
  3.25  whichever occurs first.  The board shall authorize discrete 
  3.26  permanent identification for farmed cervidae in public displays 
  3.27  or other forums where visible identification is objectionable. 
  3.28     (b) Identification of farmed cervidae is subject to 
  3.29  sections 35.821 to 35.831. 
  3.30     (c) The board of animal health shall register farmed 
  3.31  cervidae upon request of the owner.  The owner must submit the 
  3.32  registration request on forms provided by the board.  The forms 
  3.33  must include sales receipts or other documentation of the origin 
  3.34  of the cervidae.  The board shall provide copies of the 
  3.35  registration information to the commissioner of natural 
  3.36  resources upon request.  The owner must keep written records of 
  4.1   the acquisition and disposition of registered farmed cervidae. 
  4.2      Sec. 6.  Minnesota Statutes 2002, section 17.452, 
  4.3   subdivision 13, is amended to read: 
  4.4      Subd. 13.  [INSPECTION.] The commissioner of agriculture 
  4.5   and the board of animal health may inspect farmed cervidae, 
  4.6   farmed cervidae facilities, and farmed cervidae records.  The 
  4.7   commissioner of natural resources may inspect farmed cervidae, 
  4.8   farmed cervidae facilities, and farmed cervidae records with 
  4.9   reasonable suspicion that laws protecting native wild animals 
  4.10  have been violated. and must notify the owner must be notified 
  4.11  in writing at the time of the inspection of the reason for the 
  4.12  inspection and informed must inform the owner in writing after 
  4.13  the inspection of whether (1) the cause of the inspection was 
  4.14  unfounded; or (2) there will be an ongoing investigation or 
  4.15  continuing evaluation. 
  4.16     Sec. 7.  Minnesota Statutes 2002, section 17.452, is 
  4.17  amended by adding a subdivision to read: 
  4.18     Subd. 15.  [MANDATORY REGISTRATION.] A person may not 
  4.19  possess live cervidae in Minnesota unless the person is 
  4.20  registered with the board of animal health and meets all the 
  4.21  requirements for farmed cervidae under this section.  Cervidae 
  4.22  possessed in violation of this subdivision may be seized and 
  4.23  destroyed by the commissioner of natural resources. 
  4.24     [EFFECTIVE DATE.] This section is effective January 1, 2004.
  4.25     Sec. 8.  Minnesota Statutes 2002, section 17.452, is 
  4.26  amended by adding a subdivision to read: 
  4.27     Subd. 16.  [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 
  4.28  DISEASE.] (a) An inventory for each farmed cervidae herd must be 
  4.29  verified by an accredited veterinarian and filed with the board 
  4.30  of animal health every 12 months. 
  4.31     (b) Movement of farmed cervidae from any premises to 
  4.32  another location must be reported to the board of animal health 
  4.33  within 14 days of the movement on forms approved by the board of 
  4.34  animal health. 
  4.35     (c) All animals from farmed cervidae herds that are over 16 
  4.36  months of age that die or are slaughtered must be tested for 
  5.1   chronic wasting disease. 
  5.2      [EFFECTIVE DATE.] This section is effective January 1, 2004.
  5.3      Sec. 9.  Minnesota Statutes 2002, section 35.155, is 
  5.4   amended to read: 
  5.5      35.155 [CERVIDAE IMPORT RESTRICTIONS.] 
  5.6      (a) A person must not import cervidae into the state from a 
  5.7   herd that is infected or exposed to chronic wasting disease or 
  5.8   from a known chronic wasting disease endemic area, as determined 
  5.9   by the board.  A person may import cervidae into the state only 
  5.10  from a herd that is not in a known chronic wasting disease 
  5.11  endemic area, as determined by the board, and the herd has been 
  5.12  subject to a state or provincial approved chronic wasting 
  5.13  disease monitoring program for at least three years.  Cervidae 
  5.14  imported in violation of this section may be seized and 
  5.15  destroyed by the commissioner of natural resources. 
  5.16     (b) This section expires on June 1, 2003. 
  5.17     [EFFECTIVE DATE.] This section is effective the day 
  5.18  following final enactment. 
  5.19     Sec. 10.  Minnesota Statutes 2002, section 84.027, 
  5.20  subdivision 13, is amended to read: 
  5.21     Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
  5.22  natural resources may adopt rules under sections 97A.0451 to 
  5.23  97A.0459 and this subdivision that are authorized under: 
  5.24     (1) chapters 97A, 97B, and 97C to set open seasons and 
  5.25  areas, to close seasons and areas, to select hunters for areas, 
  5.26  to provide for tagging and registration of game, to prohibit or 
  5.27  allow taking of wild animals to protect a species, to prevent or 
  5.28  control wildlife disease, and to prohibit or allow importation, 
  5.29  transportation, or possession of a wild animal; 
  5.30     (2) sections 84.093, 84.15, and 84.152 to set seasons for 
  5.31  harvesting wild ginseng roots and wild rice and to restrict or 
  5.32  prohibit harvesting in designated areas; and 
  5.33     (3) section 84D.12 to designate prohibited exotic species, 
  5.34  regulated exotic species, unregulated exotic species, and 
  5.35  infested waters. 
  5.36     (b) If conditions exist that do not allow the commissioner 
  6.1   to comply with sections 97A.0451 to 97A.0459, the commissioner 
  6.2   may adopt a rule under this subdivision by submitting the rule 
  6.3   to the attorney general for review under section 97A.0455, 
  6.4   publishing a notice in the State Register and filing the rule 
  6.5   with the secretary of state and the legislative coordinating 
  6.6   commission, and complying with section 97A.0459, and including a 
  6.7   statement of the emergency conditions and a copy of the rule in 
  6.8   the notice.  The notice may be published after it is received 
  6.9   from the attorney general or five business days after it is 
  6.10  submitted to the attorney general, whichever is earlier. 
  6.11     (c) Rules adopted under paragraph (b) are effective upon 
  6.12  publishing in the State Register and may be effective up to 
  6.13  seven days before publishing and filing under paragraph (b), if: 
  6.14     (1) the commissioner of natural resources determines that 
  6.15  an emergency exists; 
  6.16     (2) the attorney general approves the rule; and 
  6.17     (3) for a rule that affects more than three counties the 
  6.18  commissioner publishes the rule once in a legal newspaper 
  6.19  published in Minneapolis, St. Paul, and Duluth, or for a rule 
  6.20  that affects three or fewer counties the commissioner publishes 
  6.21  the rule once in a legal newspaper in each of the affected 
  6.22  counties. 
  6.23     (d) Except as provided in paragraph (e), a rule published 
  6.24  under paragraph (c), clause (3), may not be effective earlier 
  6.25  than seven days after publication. 
  6.26     (e) A rule published under paragraph (c), clause (3), may 
  6.27  be effective the day the rule is published if the commissioner 
  6.28  gives notice and holds a public hearing on the rule within 15 
  6.29  days before publication. 
  6.30     (f) The commissioner shall attempt to notify persons or 
  6.31  groups of persons affected by rules adopted under paragraphs (b) 
  6.32  and (c) by public announcements, posting, and other appropriate 
  6.33  means as determined by the commissioner. 
  6.34     (g) Notwithstanding section 97A.0458, a rule adopted under 
  6.35  this subdivision is effective for the period stated in the 
  6.36  notice but not longer than 18 months after the rule is adopted. 
  7.1      Sec. 11.  Minnesota Statutes 2002, section 97A.045, is 
  7.2   amended by adding a subdivision to read: 
  7.3      Subd. 11.  [POWER TO PREVENT OR CONTROL WILDLIFE 
  7.4   DISEASE.] (a) If the commissioner determines that action is 
  7.5   necessary to prevent or control a wildlife disease, the 
  7.6   commissioner may prevent or control wildlife disease in a 
  7.7   species of wild animal in addition to the protection provided by 
  7.8   the game and fish laws by further limiting, closing, expanding, 
  7.9   or opening seasons or areas of the state; by reducing or 
  7.10  increasing limits in areas of the state; by establishing disease 
  7.11  management zones; by authorizing free licenses; by allowing 
  7.12  shooting from motor vehicles by persons designated by the 
  7.13  commissioner; by issuing replacement licenses for sick animals; 
  7.14  by requiring sample collection from hunter-harvested animals; by 
  7.15  limiting wild animal possession, transportation, and 
  7.16  disposition; and by restricting wildlife feeding.  
  7.17     (b) The commissioner may prevent or control wildlife 
  7.18  disease in a species of wild animal in the state by emergency 
  7.19  rule adopted under section 84.027, subdivision 13. 
  7.20     Sec. 12.  Minnesota Statutes 2002, section 97A.075, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [DEER, BEAR, AND LIFETIME LICENSES.] (a) 
  7.23  For purposes of this subdivision, "deer license" means a license 
  7.24  issued under section 97A.475, subdivisions 2, clauses (4), (5), 
  7.25  and (9), and 3, clauses (2), (3), and (7), and licenses issued 
  7.26  under section 97B.301, subdivision 4.  
  7.27     (b) At least $2 from each annual deer license and $2 
  7.28  annually from the lifetime fish and wildlife trust fund, 
  7.29  established in section 97A.4742, for each license issued under 
  7.30  section 97A.473, subdivision 4, shall be used for deer habitat 
  7.31  improvement or deer management programs.  
  7.32     (c) At least $1 from each annual deer license and each bear 
  7.33  license and $1 annually from the lifetime fish and wildlife 
  7.34  trust fund, established in section 97A.4742, for each license 
  7.35  issued under section 97A.473, subdivision 4, shall be used for 
  7.36  deer and bear management programs, including a computerized 
  8.1   licensing system.  Fifty cents from each deer license is 
  8.2   appropriated for emergency deer feeding and wild cervidae health 
  8.3   management of chronic wasting disease.  Money appropriated for 
  8.4   emergency deer feeding and management of chronic wasting disease 
  8.5   wild cervidae health management is available until expended.  
  8.6   When the unencumbered balance in the appropriation for emergency 
  8.7   deer feeding and chronic wasting disease wild cervidae health 
  8.8   management at the end of a fiscal year 
  8.9   exceeds $1,500,000 $2,500,000 for the first time, $750,000 is 
  8.10  canceled to the unappropriated balance of the game and fish 
  8.11  fund.  The commissioner must inform the legislative chairs of 
  8.12  the natural resources finance committees every two years on how 
  8.13  the money for chronic wasting disease emergency deer feeding and 
  8.14  wild cervidae health management has been spent. 
  8.15     Thereafter, when the unencumbered balance in the 
  8.16  appropriation for emergency deer feeding and wild cervidae 
  8.17  health management exceeds $1,500,000 $2,500,000 at the end of a 
  8.18  fiscal year, the unencumbered balance in excess of 
  8.19  $1,500,000 $2,500,000 is canceled and available for deer and 
  8.20  bear management programs and computerized licensing. 
  8.21     Sec. 13.  Minnesota Statutes 2002, section 97A.105, 
  8.22  subdivision 1, is amended to read: 
  8.23     Subdivision 1.  [LICENSE REQUIREMENTS.] (a) A person may 
  8.24  breed and propagate fur-bearing animals, game birds, bear, 
  8.25  moose, elk, caribou, or mute swans, or deer only on privately 
  8.26  owned or leased land and after obtaining a license.  Any of the 
  8.27  permitted animals on a game farm may be sold to other licensed 
  8.28  game farms.  "Privately owned or leased land" includes waters 
  8.29  that are shallow or marshy, are not actually navigable, and are 
  8.30  not of substantial beneficial public use.  Before an application 
  8.31  for a license is considered, the applicant must enclose the area 
  8.32  to sufficiently confine the animals to be raised in a manner 
  8.33  approved by the commissioner.  A license may be granted only if 
  8.34  the commissioner finds the application is made in good faith 
  8.35  with intention to actually carry on the business described in 
  8.36  the application and the commissioner determines that the 
  9.1   facilities are adequate for the business.  
  9.2      (b) A person may purchase live game birds or their eggs 
  9.3   without a license if the birds or eggs, or birds hatched from 
  9.4   the eggs, are released into the wild, consumed, or processed for 
  9.5   consumption within one year after they were purchased or 
  9.6   hatched.  This paragraph does not apply to the purchase of 
  9.7   migratory waterfowl or their eggs. 
  9.8      (c) A person may not introduce mute swans into the wild 
  9.9   without a permit issued by the commissioner. 
  9.10     [EFFECTIVE DATE.] This section is effective January 1, 2004.
  9.11     Sec. 14.  Minnesota Statutes 2002, section 97A.401, 
  9.12  subdivision 3, is amended to read: 
  9.13     Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
  9.14  ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
  9.15  paragraph (b), special permits may be issued without a fee to 
  9.16  take, possess, and transport wild animals as pets and for 
  9.17  scientific, educational, rehabilitative, wildlife disease 
  9.18  prevention and control, and exhibition purposes.  The 
  9.19  commissioner shall prescribe the conditions for taking, 
  9.20  possessing, transporting, and disposing of the wild animals.  
  9.21     (b) A special permit may not be issued to take or possess 
  9.22  wild or native deer for exhibition or, propagation, or as pets.  
  9.23     (c) The commissioner shall establish criteria for issuing 
  9.24  special permits for persons to possess wild and native deer as 
  9.25  pets. 
  9.26     Sec. 15.  Minnesota Statutes 2002, section 97A.441, is 
  9.27  amended by adding a subdivision to read: 
  9.28     Subd. 10.  [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 
  9.29  PREVENTION AND CONTROL.] The commissioner may issue, without a 
  9.30  fee, licenses to take wild animals for the purposes of wildlife 
  9.31  disease prevention and control. 
  9.32     Sec. 16.  Minnesota Statutes 2002, section 97A.505, is 
  9.33  amended by adding a subdivision to read: 
  9.34     Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED 
  9.35  CERVIDAE.] Importation into Minnesota of hunter-harvested 
  9.36  cervidae carcasses is prohibited except for cut and wrapped 
 10.1   meat, quarters or other portions of meat with no part of the 
 10.2   spinal column or head attached, antlers, hides, teeth, finished 
 10.3   taxidermy mounts, and antlers attached to skull caps that are 
 10.4   cleaned of all brain tissue. 
 10.5      Sec. 17.  Minnesota Statutes 2002, section 97A.505, is 
 10.6   amended by adding a subdivision to read: 
 10.7      Subd. 9.  [POSSESSION OF LIVE CERVIDAE.] A person may not 
 10.8   possess live cervidae, except as authorized in sections 17.451 
 10.9   and 17.452 or 97A.401. 
 10.10     [EFFECTIVE DATE.] This section is effective January 1, 2004.
 10.11     Sec. 18.  Minnesota Statutes 2002, section 97B.311, is 
 10.12  amended to read: 
 10.13     97B.311 [DEER SEASONS AND RESTRICTIONS.] 
 10.14     (a) The commissioner may, by rule, prescribe restrictions 
 10.15  and designate areas where deer may be taken, including hunter 
 10.16  selection criteria for special hunts established under section 
 10.17  97A.401, subdivision 4.  The commissioner may, by rule, 
 10.18  prescribe the open seasons for deer within the following periods:
 10.19     (1) taking with firearms, other than muzzle-loading 
 10.20  firearms, between November 1 and December 15; 
 10.21     (2) taking with muzzle-loading firearms between September 1 
 10.22  and December 31; and 
 10.23     (3) taking by archery between September 1 and December 31. 
 10.24     (b) Notwithstanding paragraph (a), the commissioner may 
 10.25  establish special seasons within designated areas between 
 10.26  September 1 and January 15 at any time of year. 
 10.27     Sec. 19.  [REPEALER.] 
 10.28     Minnesota Statutes 2002, section 97A.105, subdivisions 3a 
 10.29  and 3b, are repealed. 
 10.30     [EFFECTIVE DATE.] This section is effective January 1, 2004.