Minnesota Legislature
SF 2128
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2023 03:25pm
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A bill for an act
relating to agriculture; modifying restricted species provisions; amending Minnesota
Statutes 2022, section 17.457.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 17.457, is amended to read:
17.457 RESTRICTED SPECIES.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of agriculturenew text begin or the commissioner's
designeenew text end .
(c) "Restricted species" means Eurasian wild pigs and their hybrids (Sus scrofa subspecies
and Sus scrofa hybrids), excluding domestic hogs (S. scrofa domesticus).
(d) "Release" means an intentional introduction or new text begin accidental new text end escape of a species from
the control of the owner or responsible party.
Subd. 2.
Importation; possession; release of restricted species.
It is unlawful for a
person to import, possess, propagate, transport, or release restricted species, deleted text begin except as
provideddeleted text end new text begin unless the person has a permit as describednew text end in subdivision 3.
Subd. 3.
Permits.
deleted text begin (a)deleted text end The commissioner may issue permits for the transportation,
possession, purchase, or importation of restricted species for scientific, research, educational,
or commercial 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.
deleted text begin
(b) The commissioner may issue permits for a person to possess and raise a restricted
species for commercial purposes if the person was in possession of the restricted species
on March 1, 1993. Under the permit, the number of breeding stock of the restricted species
in the possession of the person may not increase by more than 25 percent and the person
must comply with the certification requirements in subdivision 7.
deleted text end
deleted text begin
(c) A person may possess a restricted species without a permit for a period not to exceed
two days for the purpose of slaughtering the restricted species for human consumption.
deleted text end
Subd. 4.
Notice of deleted text begin escapedeleted text end new text begin releasenew text end of restricted species.
In the event of deleted text begin an escapedeleted text end new text begin a
releasenew text end of a restricted species, 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. The
commissioner may capture or destroy the deleted text begin escapeddeleted text end new text begin releasednew text end animal at the owner's expense.
Subd. 5.
Enforcement.
This section may be enforced new text begin by an enforcement officer new text end under
sections 97A.205 and 97A.211new text begin and by the commissioner under sections 17.982 to 17.984new text end .
Subd. 6.
Penalty.
A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.
Subd. 7.
deleted text begin Certification anddeleted text end Identification requirements.
deleted text begin
(a) A person who possesses
restricted species on July 1, 1993, must submit certified numbers of restricted species in
the person's possession to the Board of Animal Health by June 1, 1993.
deleted text end
deleted text begin (b)deleted text end new text begin A new text end 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 criteria for approved containment measures for restricted
species deleted text begin with the assistance of producers of restricted speciesdeleted text end .
Subd. 9.
Bond; security.
A person who possesses restricted species must deleted text begin file a bond or
depositdeleted text end new text begin provide proof of insurance or file a security bondnew text end with the commissioner deleted text begin security
in the form anddeleted text end in deleted text begin thedeleted text end new text begin annew text end amount determined by the commissioner to pay for the new text begin potential
new text end costs and damagesnew text begin that would benew text end caused by deleted text begin an escapedeleted text end new text begin the releasenew text end of a restricted species.
Subd. 10.
Fee.
The commissioner deleted text begin shalldeleted text end new text begin maynew text end 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.