SF 3811

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for wildlife disease management;
providing civil penalties; amending Minnesota Statutes 2006, section 97A.045,
subdivision 11.

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

Section 1.

Minnesota Statutes 2006, 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. new text begin The commissioner may enter any lands
to carry out the duties and functions of this section and may dispose of or destroy wild
animals found on those lands to control the spread of disease.
new text end

(b) The commissioner shall restrict wildlife feeding within a deleted text begin 15-mile deleted text end new text begin 30-mile new text end radius
of a cattle herd that is infected with bovine tuberculosis. new text begin In addition to any other penalties
provided by law, a person who violates a law restricting wildlife feeding within a bovine
tuberculosis management zone is subject to a civil penalty of $500 and the person may not
obtain a hunting license to take a wild animal for two years after the date of conviction.
new text end

(c) 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.

new text begin (d) If the commissioner determines that a disease in wildlife in this state presents a
substantial and imminent threat to the state's wildlife or to livestock or human health, the
commissioner may declare an emergency under this section for purposes of establishing
wildlife disease management zones to prevent the spread of disease and carry out the
functions of this section. A wildlife disease management zone may be established by
written order published in the State Register identifying the geographic area and duration
of the zone. The order is not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply. In an established wildlife disease management zone, the
following restrictions on wildlife feeding activities are in effect:
new text end

new text begin (1) except as provided in items (2) and (3), a person may not place or distribute
feed in an area frequented by deer or elk or knowingly allow another person to place or
distribute feed on property under the person's ownership or lease. For purposes of this
paragraph, "feed" means grains, fruits, vegetables, nuts, hay, or other food that is capable
of attracting or enticing deer or elk. Liquid scents, salt, and minerals are not feed;
new text end

new text begin (2) unless otherwise prescribed by the commissioner, wildlife feeding is allowed
if the feed is placed in such a manner as to exclude access to deer and elk or the feed is
placed at least six feet above the ground; and
new text end

new text begin (3) the prohibition in item (1) does not apply to feed that is present solely as a result
of normal agriculture, forest management, or wildlife feed planting practices. It also does
not apply to feed that is for agricultural or livestock purposes if the feed is:
new text end

new text begin (i) placed for domestic livestock that are present and actively consuming the feed on
a daily basis;
new text end

new text begin (ii) covered to deter deer or elk from gaining access to the feed; or
new text end

new text begin (iii) stored consistently with normal agricultural practices.
new text end