SF 720

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to natural resources; permitting the 
  1.3             harvesting of farmed cervidae on licensed shooting 
  1.4             preserves; amending Minnesota Statutes 1998, sections 
  1.5             17.451, subdivision 2; and 17.452, subdivisions 5 and 
  1.6             8; proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 17. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 17.451, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [FARMED CERVIDAE.] "Farmed cervidae" means 
  1.12  members of the cervidae family that are: 
  1.13     (1) raised for the purpose of shooting, harvesting, 
  1.14  producing fiber, meat, or animal by-products, as pets, or as 
  1.15  breeding stock; and 
  1.16     (2) registered in a manner approved by the board of animal 
  1.17  health.  
  1.18     Sec. 2.  Minnesota Statutes 1998, section 17.452, 
  1.19  subdivision 5, is amended to read: 
  1.20     Subd. 5.  [RAISING FARMED CERVIDAE IS AN AGRICULTURAL 
  1.21  PURSUIT.] Raising farmed cervidae is agricultural production and 
  1.22  an agricultural pursuit, which may include the sale of farmed 
  1.23  cervidae to a person for personal consumption.  Personal 
  1.24  consumption may include the harvesting of farmed cervidae by 
  1.25  firearms or archery on a licensed shooting preserve. 
  1.26     Sec. 3.  Minnesota Statutes 1998, section 17.452, 
  2.1   subdivision 8, is amended to read: 
  2.2      Subd. 8.  [SLAUGHTER.] Farmed cervidae that are to be sold 
  2.3   for commercial meat purposes must be slaughtered and inspected 
  2.4   in accordance with the United States Department of Agriculture 
  2.5   voluntary program for exotic animals, Code of Federal 
  2.6   Regulations, title 9, part 352. 
  2.7      Sec. 4.  [17.4521] [ELK SHOOTING PRESERVES.] 
  2.8      Subdivision 1.  [FEES FOR SHOOTING PRESERVES.] (a) The fee 
  2.9   for an elk shooting preserve license is $900 annually and is 
  2.10  deposited in the game and fish fund. 
  2.11     (b) Shooting preserve licenses issued under this 
  2.12  subdivision expire on the last day of March.  
  2.13     Subd. 2.  [SHOOTING PRESERVE APPLICATION.] The commissioner 
  2.14  may license up to ten elk shooting preserves in the state.  An 
  2.15  application for an elk shooting preserve license must be filed 
  2.16  with the commissioner.  The application must include a legal 
  2.17  description of the shooting preserve land, number of acres, 
  2.18  species to be harvested, and other necessary information 
  2.19  prescribed by the commissioner. 
  2.20     Subd. 3.  [GAME AVAILABLE.] Game that may be released and 
  2.21  harvested in a licensed elk shooting preserve must be specified 
  2.22  in the license and are limited to species raised as farmed elk 
  2.23  under sections 17.451 and 17.452.  Only farmed elk from herds in 
  2.24  the accredited program of the board of animal health may be 
  2.25  transported to and released in a licensed elk shooting preserve. 
  2.26     Subd. 4.  [LOCATION; SIZE OF PRESERVE.] A shooting preserve 
  2.27  must be separated from any farmed elk breeding pens or pastures. 
  2.28  A shooting preserve must be contiguous and contain at least 320 
  2.29  acres but no more than 960 acres, including any water area, and 
  2.30  must have areas of cover to provide for concealment of the elk 
  2.31  sufficient to prevent the elk from being visible in all parts of 
  2.32  the preserve at one time and must afford elk the chance of 
  2.33  escape from pursuit by patrons of the shooting preserve. 
  2.34     Subd. 5.  [POSTING OF BOUNDARIES.] The boundaries of a 
  2.35  shooting preserve must be clearly posted in a manner prescribed 
  2.36  by the commissioner.  The operator must post signs around the 
  3.1   entire perimeter of the preserve at intervals not to exceed 500 
  3.2   feet. 
  3.3      Subd. 6.  [FENCING AND ENCLOSURES.] All perimeter fencing 
  3.4   must be paid for and maintained by the licensee and comply with 
  3.5   farmed elk requirements in section 17.452. 
  3.6      Subd. 7.  [REMOVAL OF ALL WILD CERVIDAE.] To the extent 
  3.7   practicable, all wild cervidae must be removed from the shooting 
  3.8   preserve property at the owner's expense prior to final issuance 
  3.9   of the shooting preserve license.  After the owner's removal 
  3.10  efforts are completed, the commissioner shall determine the 
  3.11  number and type of wild cervidae remaining on the shooting 
  3.12  preserve property.  The shooting preserve operator shall pay the 
  3.13  restitution value, adopted under section 97A.345, for each wild 
  3.14  cervidae remaining on the shooting preserve property.  Money 
  3.15  received under this subdivision shall be credited to the game 
  3.16  and fish fund. 
  3.17     Subd. 8.  [REVOCATION OF LICENSE.] The commissioner may 
  3.18  revoke a shooting preserve license if the licensee or persons 
  3.19  authorized to harvest in the shooting preserve have been 
  3.20  convicted of a violation under this section.  After revocation, 
  3.21  a new license may be issued at the discretion of the 
  3.22  commissioner. 
  3.23     Subd. 9.  [HUNTING LICENSE NOT REQUIRED.] A hunting license 
  3.24  is not required to harvest authorized species of elk on a 
  3.25  licensed shooting preserve. 
  3.26     Subd. 10.  [SEASON.] (a) The open season for harvesting in 
  3.27  a shooting preserve is August 15 through March 31. 
  3.28     (b) The commissioner may restrict the open season after 
  3.29  receiving a complaint, holding a public hearing, and finding 
  3.30  that the population of a particular species of wild elk is 
  3.31  harmed by harvesting in the shooting preserve. 
  3.32     Subd. 11.  [WEAPONS LIMITATIONS.] A person may harvest 
  3.33  farmed elk on a shooting preserve by archery or firearms 
  3.34  authorized by law to take wild elk in the same area. 
  3.35     Subd. 12.  [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 
  3.36  shooting preserve licensee is responsible for determining who is 
  4.1   allowed to harvest in the preserve.  In each preserve, the 
  4.2   licensee may establish the charge for harvesting elk, the 
  4.3   shooting hours, the season, weapon limitations, and restrictions 
  4.4   on the age, sex, and number of each species that may be 
  4.5   harvested by the hunter.  These provisions may not conflict with 
  4.6   this section and may not be less restrictive than any rule. 
  4.7      Subd. 13.  [IDENTIFICATION AND MARKING OF ELK.] All elk 
  4.8   must be identified by permanent tattoo, electronic implant, or 
  4.9   other means of identification that comply with section 17.452. 
  4.10     Subd. 14.  [MARKING HARVESTED ELK.] Harvested elk must be 
  4.11  marked in accordance with or identified by the shooting preserve 
  4.12  operator in a manner prescribed by the commissioner.  The 
  4.13  commissioner may issue the tags or other markings at a cost not 
  4.14  to exceed $2 each.  The marking must remain attached on the elk 
  4.15  while the elk is transported. 
  4.16     Subd. 15.  [RECORDKEEPING.] A shooting preserve must 
  4.17  maintain a registration book listing the names, addresses, and 
  4.18  hunting license numbers, if applicable, of all patrons of the 
  4.19  shooting preserve, the date when they harvested, the amount and 
  4.20  species of elk taken, and the tag numbers or other markings 
  4.21  affixed to each animal.  A shooting preserve must keep records 
  4.22  of the number of each species raised and purchased and the date 
  4.23  and number of each species released.  An annual report shall be 
  4.24  made to the commissioner by the date herd registration is 
  4.25  required.  The records must be open to inspection by the 
  4.26  commissioner at all reasonable times. 
  4.27     Subd. 16.  [ELK DEFINITION.] For the purposes of this 
  4.28  section the term "elk" includes red deer.