SF 2926

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying conditions for a person to receive
emergency crop protection assistance; providing for wildlife disease prevention;
amending Minnesota Statutes 2004, sections 97A.028, subdivision 3; 97A.045,
subdivision 11.

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

Section 1.

Minnesota Statutes 2004, section 97A.028, subdivision 3, is amended to
read:

Subd. 3.

Emergency deterrent materials assistance.

(a) For the purposes of this
subdivision, "cooperative damage management agreement" means an agreement between
a landowner or tenant and the commissioner that establishes a program for addressing the
problem of destruction of the landowner's or tenant's specialty crops or stored forage
crops by wild animals, or destruction of agricultural crops by flightless Canada geese.

(b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese. Subject to the availability of money appropriated for this purpose,
the commissioner shall provide suitable deterrent materials when the commissioner
determines that:

(1) immediate action is necessary to prevent significant damage from continuing new text begin ,
or to prevent the spread of disease in wild animals new text end ; and

(2) a cooperative damage management agreement cannot be implemented
immediately.

(c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed $3,000 for specialty crops new text begin or measures
to prevent the spread of disease in wild animals in animal disease quarantine areas
established by the Board of Animal Health new text end , deleted text begin or deleted text end $750 for new text begin protecting new text end stored forage crops,
or $500 for agricultural crops damaged by flightless Canada geese. If a person is a
co-owner or cotenant with respect to the specialty crops for which the deterrent materials
are provided, the deterrent materials are deemed to be "provided" to the person for the
purposes of this paragraph.

(d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.

Sec. 2.

Minnesota Statutes 2004, section 97A.045, subdivision 11, is amended to read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) new text begin The commissioner shall restrict wildlife feeding within a 15-mile radius of a
cattle herd that is infected with bovine tuberculosis.
new text end

new text begin (c) new text end The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.