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Minnesota Legislature

Office of the Revisor of Statutes

SF 4024

as introduced - 90th Legislature (2017 - 2018) Posted on 04/26/2018 09:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to agriculture; distinguishing between farmed elk and other farmed
Cervidae; establishing a voluntary herd buyout program for participating deer
farmers; appropriating money;amending Minnesota Statutes 2016, sections 35.153,
subdivisions 1, 3, by adding subdivisions; 35.155.

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

Section 1.

Minnesota Statutes 2016, section 35.153, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

new text beginExcept as provided in subdivision 3, new text endthe definitions in this
section apply to section 17.452, this section, and section 35.155.

Sec. 2.

Minnesota Statutes 2016, section 35.153, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Elk. new text end

new text begin "Elk" means animals of the species Cervus canadensis.
new text end

Sec. 3.

Minnesota Statutes 2016, section 35.153, subdivision 3, is amended to read:


Subd. 3.

Farmed Cervidae.

"Farmed Cervidae" means Cervidae that are:

(1) raised for any purpose; and

(2) registered in a manner approved by the Board of Animal Health.

new text begin For purposes of this section and section 35.155 only, "farmed Cervidae" does not mean
farmed Cervus canadensis.
new text end

Sec. 4.

Minnesota Statutes 2016, section 35.153, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Farmed Cervus canadensis. new text end

new text begin "Farmed Cervus canadensis" means elk that are:
new text end

new text begin (1) raised for any purpose; and
new text end

new text begin (2) registered in a manner approved by the Board of Animal Health.
new text end

Sec. 5.

Minnesota Statutes 2016, section 35.155, is amended to read:


35.155 FARMED CERVIDAEnew text begin AND FARMED CERVUS CANADENSISnew text end.

Subdivision 1.

Running at large prohibited.

(a) An owner may not allow farmed
Cervidae new text beginor farmed Cervus canadensis new text endto run at large. The owner must make all reasonable
efforts to return escaped farmed Cervidae new text beginand farmed Cervus canadensis new text endto their enclosures
as soon as possible. The owner must notify the commissioner of natural resources of the
escape of farmed Cervidae new text beginor farmed Cervus canadensis new text endif the farmed Cervidae new text beginor farmed
Cervus canadensis
new text endare not returned or captured by the owner within 24 hours of their escape.

(b) An owner is liable for expenses of another person in capturing, caring for, and
returning farmed Cervidae new text beginor farmed Cervus canadensis new text endthat have left their enclosures if
the person capturing the farmed Cervidae new text beginor farmed Cervus canadensis new text endcontacts the owner
as soon as possible.

(c) If an owner is unwilling or unable to capture escaped farmed Cervidaenew text begin or farmed
Cervus canadensis
new text end, the commissioner of natural resources may destroy the escaped farmed
Cervidaenew text begin or farmed Cervus canadensisnew text end. The commissioner of natural resources must allow
the owner to attempt to capture the escaped farmed Cervidae new text beginor farmed Cervus canadensis
new text end prior to destroying the farmed Cervidaenew text begin or farmed Cervus canadensisnew text end. Farmed Cervidae
new text begin and farmed Cervus canadensis new text endthat are not captured by 24 hours after escape may be
destroyed.

Subd. 2.

Wild Cervidae inside confinement area.

An owner or an employee or agent
under the direction of the owner must destroy wild Cervidae found within the owner's farmed
Cervidae new text beginor farmed Cervus canadensis new text endconfinement area. The owner, employee, or agent
must report the wild Cervidae destroyed to a conservation officer or an employee of the
Department of Natural Resources, Division of Wildlife, within 24 hours. The wild Cervidae
must be disposed of as prescribed by the commissioner of natural resources.

Subd. 3.

Farming in native elk area.

A person may not raise farmed red deer in the
native elk area without written approval of the commissioner of natural resources. The
native elk area is the area north of U.S. Highway 2 and west of U.S. Highway 71 and Trunk
Highway 72. The commissioner of natural resources shall review the proposed farming
operation and approve with any condition or deny approval based on risks to the native elk
population.

Subd. 4.

Fencing.

Farmed Cervidae new text beginand farmed Cervus canadensis new text endmust be confined in
a manner designed to prevent escape. All perimeter fences for farmed Cervidae new text beginor farmed
Cervus canadensis
new text endmust be at least 96 inches in height and be constructed and maintained
in a way that prevents the escape of farmed Cervidae new text beginor farmed Cervus canadensis new text endor entry
into the premises by free-roaming Cervidae.

Subd. 5.

Disease control programs.

Farmed Cervidae new text beginand farmed Cervus canadensis
new text end are subject to this chapter and the rules of the Board of Animal Health in the same manner
as other livestock and domestic animals, including provisions related to importation and
transportation.

Subd. 6.

Identification.

(a) Farmed Cervidae new text beginand farmed Cervus canadensis new text endmust be
identified by means approved by the Board of Animal Health. The identification must be
visible to the naked eye during daylight under normal conditions at a distance of 50 yards.
Newborn animals must be identified before December 31 of the year in which the animal
is born or before movement from the premises, whichever occurs first.

(b) The Board of Animal Health shall register farmed Cervidaenew text begin and farmed Cervus
canadensis
new text end. The owner must submit the registration request on forms provided by the board.
The forms must include sales receipts or other documentation of the origin of the Cervidae.
The board shall provide copies of the registration information to the commissioner of natural
resources upon request. The owner must keep written records of the acquisition and
disposition of registered farmed Cervidaenew text begin and registered farmed Cervus canadensisnew text end.

Subd. 7.

Inspection.

The commissioner of agriculture and the Board of Animal Health
may inspect farmed Cervidaenew text begin and farmed Cervus canadensisnew text end, farmed Cervidae new text beginor farmed
Cervus canadensis
new text endfacilities, and farmed Cervidae new text beginor farmed Cervus canadensis new text endrecords.
For each herd, the owner or owners must, on or before January 1, pay an annual inspection
fee equal to $10 for each cervid in the herd as reflected in the most recent inventory submitted
to the Board of Animal Health, up to a maximum fee of $100. The commissioner of natural
resources may inspect farmed Cervidaenew text begin and farmed Cervus canadensisnew text end, farmed Cervidae
new text begin or farmed Cervus canadensis new text endfacilities, and farmed Cervidae new text beginor farmed Cervus canadensis
new text end records with reasonable suspicion that laws protecting native wild animals have been violated
and must notify the owner in writing at the time of the inspection of the reason for the
inspection and must inform the owner in writing after the inspection of whether (1) the
cause of the inspection was unfounded; or (2) there will be an ongoing investigation or
continuing evaluation.

Subd. 8.

Cervidae inspection account.

A Cervidae inspection account is established
in the state treasury. The fees collected under this section and interest attributable to money
in the account must be deposited in the state treasury and credited to the Cervidae inspection
account in the special revenue fund. Money in the account, including interest earned, is
appropriated to the Board of Animal Health for the administration and enforcement of this
section.

Subd. 9.

Contested case hearing.

A person raising farmed Cervidaenew text begin or farmed Cervus
canadensis
new text end that is aggrieved with any decision regarding the farmed Cervidae new text beginor farmed
Cervus canadensis
new text endmay request a contested case hearing under chapter 14.

Subd. 10.

Mandatory registration.

A person may not possess live Cervidae in Minnesota
unless the person is registered with the Board of Animal Health and meets all the
requirements for farmed Cervidae new text beginand farmed Cervus canadensis new text endunder this section. Cervidae
possessed in violation of this subdivision may be seized and destroyed by the commissioner
of natural resources.

Subd. 11.

Mandatory surveillance for chronic wasting disease.

(a) An inventory for
each farmed Cervidaenew text begin or farmed Cervus canadensisnew text end herd must be verified by an accredited
veterinarian and filed with the Board of Animal Health every 12 months.

(b) Movement of farmed Cervidae new text beginor farmed Cervus canadensis new text endfrom any premises to
another location must be reported to the Board of Animal Health within 14 days of the
movement on forms approved by the Board of Animal Health.

(c) All animals from farmed Cervidae new text beginor farmed Cervus canadensis new text endherds that are over
16 months of age that die or are slaughtered must be tested for chronic wasting disease.

Subd. 12.

Importation.

A person must not import Cervidae into the state from a herd
that is infected or exposed to chronic wasting disease or from a known chronic wasting
disease endemic area, as determined by the board. A person may import Cervidae into the
state only from a herd that is not in a known chronic wasting disease endemic area, as
determined by the board, and the herd has been subject to a state or provincial approved
chronic wasting disease monitoring program for at least three years. Cervidae imported in
violation of this section may be seized and destroyed by the commissioner of natural
resources.

Subd. 13.

Rules.

The Board of Animal Health shall adopt rules as necessary to implement
this section and to otherwise provide for the control of Cervidae diseases.

Sec. 6. new text beginVOLUNTARY HERD BUYOUT; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the general fund to the Board of Animal
Health to offer a herd buyout payment to the owner of each herd of deer registered under
Minnesota Statutes, section 35.155. The board must pay no more than $....... per animal,
with each animal disposed of as determined by the board. By October 1, 2018, an owner
must accept or decline the buyout offered by the board under this section. A participating
owner must sign a contract with the board certifying that the owner will not have or allow
any wild or farmed Cervidae to be located on the premises for at least ..... months and must
record a corresponding deed restriction with the county recorder or registrar of titles. A
participating owner who violates the buyout contract must repay all money received under
this section and is subject to appropriate penalties under Minnesota Statutes, chapter 35.
For purposes of this section, "deer" means white-tailed, red, fallow, mule, Sitka, and any
other species of deer farmed in Minnesota.
new text end