SF 5009

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 08:57am

A bill for an act
relating to natural resources; modifying farmed Cervidae fencing requirements;
amending Minnesota Statutes 2023 Supplement, section 35.155, subdivision 4.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 35.155, subdivision 4, is amended
to read:

Subd. 4.

Fencing.

Farmed Cervidae must be confined in a manner designed to prevent
escape. All perimeter fences for farmed Cervidae must be at least 96 inches in height and
be constructed and maintained in a way that prevents the escape of farmed Cervidae deleted text begin , deleted text end new text begin or new text end
entry into the premises by free-roaming Cervidae deleted text begin , and physical contact between farmed
Cervidae and free-roaming Cervidae. The Board of Animal Health or commissioner of
natural resources may determine whether the construction and maintenance of fencing is
adequate to prevent physical contact or escape under this subdivision and may compel
corrective action when fencing is determined to be inadequate deleted text end . All new fencing installed
and all fencing used to repair deficiencies must be high tensile. All entry areas for farmed
Cervidae enclosure areas must have two redundant gates, which must be maintained to
prevent the escape of animals through an open gate. If a fence deficiency allows entry or
exit by farmed or wild Cervidae, the owner must deleted text begin immediately deleted text end repair the deficiency deleted text begin . All
other deficiencies must be repaired deleted text end within a reasonable time, as determined by the Board
of Animal Health, not to exceed deleted text begin 14 deleted text end new text begin 45 new text end days. If a fence deficiency is detected during an
inspection, the facility must be reinspected at least once in the subsequent three months.
The farmed Cervidae owner must pay a reinspection fee equal to one-half the applicable
annual inspection fee under subdivision 7a for each reinspection related to a fence violation.
If the facility experiences more than one escape incident in any six-month period or fails
to correct a deficiency found during an inspection, the board may revoke the facility's
registration and order the owner to remove or destroy the animals as directed by the board.
If the board revokes a facility's registration, the commissioner of natural resources may
seize and destroy animals at the facility.