SF 763

as introduced - 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 hunting 
  1.3             of farmed cervidae on licensed shooting preserves; 
  1.4             amending Minnesota Statutes 1998, sections 17.451, 
  1.5             subdivision 2; and 17.452, subdivisions 5 and 8; 
  1.6             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 taking 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] [CERVIDAE SHOOTING PRESERVES.] 
  2.8      Subdivision 1.  [FEES FOR SHOOTING PRESERVES.] (a) The fee 
  2.9   for a cervidae shooting preserve license is $500 for the 
  2.10  original application and $25 for the annual license. 
  2.11     (b) Shooting preserve licenses issued under this 
  2.12  subdivision expire on the last day of March.  The annual renewal 
  2.13  fee for a license is $25. 
  2.14     Subd. 2.  [SHOOTING PRESERVE APPLICATION.] An application 
  2.15  for a cervidae shooting preserve license must be filed with the 
  2.16  commissioner.  The application must include a legal description 
  2.17  of the shooting preserve land, number of acres, species to be 
  2.18  hunted, and other necessary information prescribed by the 
  2.19  commissioner. 
  2.20     Subd. 3.  [LICENSE; RULES.] A person may not operate a 
  2.21  cervidae shooting preserve without a license.  The commissioner, 
  2.22  in consultation with the commissioner of natural resources, may 
  2.23  issue a license to operate a cervidae shooting preserve if the 
  2.24  commissioner determines that it is in the public interest and 
  2.25  that there will not be an adverse effect on wild cervidae 
  2.26  populations.  Shooting preserves may be located in all parts of 
  2.27  the state as determined by the commissioner.  The commissioner 
  2.28  must perform a site inspection before a license may be issued.  
  2.29  The commissioner may waive the inspection prior to granting the 
  2.30  license.  The commissioner shall either grant or deny the 
  2.31  request for a shooting preserve license within 60 days of the 
  2.32  date the initial completed application was received or within 30 
  2.33  days of a request for license renewal.  The commissioner, in 
  2.34  consultation with the commissioner of natural resources, may 
  2.35  adopt rules to implement this section. 
  2.36     Subd. 4.  [GAME AVAILABLE.] Game that may be released and 
  3.1   hunted in a licensed cervidae shooting preserve must be 
  3.2   specified in the license and are limited to species raised as 
  3.3   farmed cervidae under sections 17.451 and 17.452. 
  3.4      Subd. 5.  [SIZE OF PRESERVE.] A shooting preserve must 
  3.5   contain at least 80 contiguous acres, including any water area, 
  3.6   and must have areas of cover to provide for concealment of the 
  3.7   cervidae sufficient to prevent the cervidae from being visible 
  3.8   in all parts of the preserve at one time and must afford 
  3.9   cervidae the chance of escape from pursuit by patrons of the 
  3.10  shooting preserve. 
  3.11     Subd. 6.  [POSTING OF BOUNDARIES.] The boundaries of a 
  3.12  shooting preserve must be clearly posted in a manner prescribed 
  3.13  by the commissioner.  The operator must post signs around the 
  3.14  entire perimeter of the preserve at intervals not to exceed 500 
  3.15  feet. 
  3.16     Subd. 7.  [FENCING AND ENCLOSURES.] All perimeter fencing 
  3.17  must comply with farmed cervidae requirements in section 17.452. 
  3.18     Subd. 8.  [REMOVAL OF ALL WILD CERVIDAE.] All wild cervidae 
  3.19  must be removed from the shooting preserve property at the 
  3.20  owner's expense prior to final issuance of the shooting preserve 
  3.21  license. 
  3.22     Subd. 9.  [REVOCATION OF LICENSE.] The commissioner may 
  3.23  revoke a shooting preserve license if the licensee or persons 
  3.24  authorized to hunt in the shooting preserve have been convicted 
  3.25  of a violation under this section.  After revocation, a new 
  3.26  license may be issued at the discretion of the commissioner. 
  3.27     Subd. 10.  [HUNTING LICENSE NOT REQUIRED.] A hunting 
  3.28  license is not required to hunt authorized species of cervidae 
  3.29  on a licensed shooting preserve. 
  3.30     Subd. 11.  [SEASON.] (a) The open season for hunting in a 
  3.31  shooting preserve is August 15 through March 31. 
  3.32     (b) The commissioner may restrict the open season after 
  3.33  receiving a complaint, holding a public hearing, and finding 
  3.34  that the population of a particular species of wild cervidae is 
  3.35  harmed by hunting in the shooting preserve. 
  3.36     Subd. 12.  [WEAPONS LIMITATIONS.] A person may take farmed 
  4.1   cervidae on a shooting preserve by archery or firearms 
  4.2   authorized by law to take wild cervidae in the same area. 
  4.3      Subd. 13.  [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 
  4.4   shooting preserve licensee is responsible for determining who is 
  4.5   allowed to hunt in the preserve.  In each preserve, the licensee 
  4.6   may establish the charge for taking cervidae, the shooting 
  4.7   hours, the season, weapon limitations, and restrictions on the 
  4.8   age, sex, and number of each species that may be taken by the 
  4.9   hunter.  These provisions may not conflict with this section and 
  4.10  may not be less restrictive than any rule. 
  4.11     Subd. 14.  [IDENTIFICATION AND MARKING OF CERVIDAE.] All 
  4.12  cervidae must be identified by permanent tattoo, electronic 
  4.13  implant, or other means of identification that comply with 
  4.14  section 17.452. 
  4.15     Subd. 15.  [MARKING HARVESTED CERVIDAE.] Harvested cervidae 
  4.16  must be marked in accordance with or identified by the shooting 
  4.17  preserve operator in a manner prescribed by the commissioner.  
  4.18  The commissioner may issue the tags or other markings at a cost 
  4.19  not to exceed $2 each.  The marking must remain attached on the 
  4.20  cervidae while the cervidae is transported. 
  4.21     Subd. 16.  [RECORDKEEPING.] A shooting preserve must 
  4.22  maintain a registration book listing the names, addresses, and 
  4.23  hunting license numbers, if applicable, of all hunters, the date 
  4.24  when they hunted, the amount and species of cervidae taken, and 
  4.25  the tag numbers or other markings affixed to each animal.  A 
  4.26  shooting preserve must keep records of the number of each 
  4.27  species raised and purchased and the date and number of each 
  4.28  species released.  An annual report shall be made to the 
  4.29  commissioner by the date herd registration is required.  The 
  4.30  records must be open to inspection by the commissioner at all 
  4.31  reasonable times.