SF 812

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; permitting the 
  1.3             harvesting of farmed cervidae on licensed shooting 
  1.4             preserves; appropriating money; amending Minnesota 
  1.5             Statutes 2002, sections 17.451, subdivision 2; 17.452, 
  1.6             subdivisions 5, 8; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 84. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 17.451, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [FARMED CERVIDAE.] "Farmed cervidae" means 
  1.12  members of the cervidae family that are: 
  1.13     (1) raised for the purpose of shooting, harvesting, 
  1.14  producing fiber, meat, or animal by-products, as pets, or as 
  1.15  breeding stock; and 
  1.16     (2) registered in a manner approved by the board of animal 
  1.17  health.  
  1.18     Sec. 2.  Minnesota Statutes 2002, section 17.452, 
  1.19  subdivision 5, is amended to read: 
  1.20     Subd. 5.  [RAISING FARMED CERVIDAE IS AN AGRICULTURAL 
  1.21  PURSUIT.] Raising farmed cervidae is agricultural production and 
  1.22  an agricultural pursuit, which may include the sale of farmed 
  1.23  cervidae to a person for personal consumption.  Personal 
  1.24  consumption may include the taking of farmed cervidae by 
  1.25  firearms or archery on a licensed shooting preserve. 
  1.26     Sec. 3.  Minnesota Statutes 2002, section 17.452, 
  2.1   subdivision 8, is amended to read: 
  2.2      Subd. 8.  [SLAUGHTER.] Farmed cervidae that are to be sold 
  2.3   for commercial meat purposes must be slaughtered and inspected 
  2.4   in accordance with the United States Department of Agriculture 
  2.5   voluntary program for exotic animals, Code of Federal 
  2.6   Regulations, title 9, part 352.  
  2.7      Sec. 4.  [84.66] [CERVIDAE SHOOTING PRESERVES.] 
  2.8      Subdivision 1.  [LICENSE FEES; RENEWAL.] (a) The fee for 
  2.9   each initial cervidae shooting preserve license is $1,000 plus 
  2.10  $100 for each month available to operate in the first year. 
  2.11     (b) Shooting preserve licenses issued under this 
  2.12  subdivision expire on the last day of December.  The annual 
  2.13  renewal fee for a license is $1,000. 
  2.14     Subd. 2.  [SHOOTING PRESERVE APPLICATION.] The commissioner 
  2.15  of natural resources may license cervidae shooting preserves in 
  2.16  the state.  An application for a cervidae shooting preserve 
  2.17  license must be filed with the commissioner.  The application 
  2.18  must include a legal description of the shooting preserve land, 
  2.19  number of acres, species to be harvested, and other necessary 
  2.20  information prescribed by the commissioner. 
  2.21     Subd. 3.  [LICENSES.] A person may not operate a cervidae 
  2.22  shooting preserve without a license.  The commissioner of 
  2.23  natural resources, in consultation with the commissioner of 
  2.24  agriculture, shall issue a license to operate a cervidae 
  2.25  shooting preserve if all laws and ordinances are followed.  
  2.26  Shooting preserves may be located in all parts of the state as 
  2.27  determined by the commissioner of natural resources.  The 
  2.28  commissioner must perform a site inspection before a license may 
  2.29  be issued.  The commissioner may waive the inspection prior to 
  2.30  granting the license.  The commissioner shall either grant or 
  2.31  deny the request for a shooting preserve license within 60 days 
  2.32  of the date the initial completed application was received or 
  2.33  within 30 days of a request for license renewal. 
  2.34     Subd. 4.  [STOCKED GAME.] (a) Game that may be released and 
  2.35  harvested in a licensed cervidae shooting preserve must be 
  2.36  specified in the license and are limited to species raised as 
  3.1   farmed cervidae under sections 17.451 and 17.452.  Only farmed 
  3.2   cervidae from herds in compliance with the general rules of the 
  3.3   board of animal health may be transported to and released in a 
  3.4   licensed cervidae shooting preserve.  If the animals originate 
  3.5   outside of Minnesota, the herd of origin must be a 
  3.6   tuberculosis-accredited herd and must have been participating in 
  3.7   a state-recognized chronic wasting disease surveillance program 
  3.8   for a minimum of three years. 
  3.9      (b) All licensed cervidae shooting preserves must 
  3.10  participate in the state's chronic wasting disease surveillance 
  3.11  program. 
  3.12     Subd. 5.  [SIZE OF PRESERVE; COVER REQUIRED.] A shooting 
  3.13  preserve must contain no less than 20 contiguous acres, 
  3.14  including any water area.  A shooting preserve must have areas 
  3.15  of cover to provide for concealment of the cervidae sufficient 
  3.16  to prevent the cervidae from being visible in all parts of the 
  3.17  preserve at one time and must afford cervidae the chance of 
  3.18  escape from pursuit by patrons of the shooting preserve. 
  3.19     Subd. 6.  [POSTING OF BOUNDARIES.] The boundaries of a 
  3.20  shooting preserve must be clearly posted in a manner prescribed 
  3.21  by the commissioner of natural resources.  The operator must 
  3.22  post signs around the entire perimeter of the preserve at 
  3.23  intervals not to exceed 500 feet. 
  3.24     Subd. 7.  [FENCING AND ENCLOSURES.] All perimeter fencing 
  3.25  must comply with the farmed cervidae requirements under section 
  3.26  17.452. 
  3.27     Subd. 8.  [REMOVAL OF WILD CERVIDAE.] All wild cervidae 
  3.28  must be removed from the shooting preserve property at the 
  3.29  owner's expense prior to final issuance of the shooting preserve 
  3.30  license or purchased from the state for a price not to exceed 
  3.31  the cost of capture. 
  3.32     Subd. 9.  [REVOCATION OF LICENSE.] The commissioner of 
  3.33  natural resources may revoke a shooting preserve license if the 
  3.34  licensee or persons authorized to hunt in the shooting preserve 
  3.35  have been convicted of a violation under this section.  After 
  3.36  revocation, a new license may be issued at the discretion of the 
  4.1   commissioner. 
  4.2      Subd. 10.  [HUNTING LICENSE NOT REQUIRED.] A hunting 
  4.3   license is not required to hunt authorized species of cervidae 
  4.4   on a licensed shooting preserve. 
  4.5      Subd. 11.  [SEASON.] (a) The open season for harvesting in 
  4.6   a shooting preserve is August 15 to February 28. 
  4.7      (b) The commissioner of natural resources may restrict the 
  4.8   open season after receiving a complaint, holding a public 
  4.9   hearing, and finding that the population of a particular species 
  4.10  of wild cervidae is harmed by harvesting in the shooting 
  4.11  preserve. 
  4.12     Subd. 12.  [WEAPONS LIMITATIONS.] A person may take farmed 
  4.13  cervidae on a shooting preserve by archery or firearms 
  4.14  authorized by law to take wild cervidae in the same area. 
  4.15     Subd. 13.  [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 
  4.16  shooting preserve licensee is responsible for determining who is 
  4.17  allowed to harvest in the preserve.  In each preserve, the 
  4.18  licensee may establish the charge for taking cervidae, the 
  4.19  shooting hours, the season, weapon limitations, and restrictions 
  4.20  on the age, sex, and number of each species that may be taken by 
  4.21  the hunter.  These provisions may not conflict with this section 
  4.22  and may not be less restrictive than any rule. 
  4.23     Subd. 14.  [IDENTIFICATION AND MARKING OF CERVIDAE.] All 
  4.24  cervidae must be identified by permanent tattoo, electronic 
  4.25  implant, or other means of identification that comply with 
  4.26  section 17.452. 
  4.27     Subd. 15.  [MARKING HARVESTED CERVIDAE.] Harvested cervidae 
  4.28  must be marked as prescribed by the commissioner of natural 
  4.29  resources or identified by the shooting preserve operator in a 
  4.30  manner prescribed by the commissioner.  The commissioner shall 
  4.31  issue tags or other markings at a cost not to exceed $5 each.  
  4.32  The marking must remain attached on the cervidae while the 
  4.33  cervidae is transported. 
  4.34     Subd. 16.  [RECORD KEEPING; FEE.] (a) A shooting preserve 
  4.35  licensee must maintain a registration book listing the names, 
  4.36  addresses, and hunting license numbers, if applicable, of all 
  5.1   patrons of the shooting preserve, the date when they harvested, 
  5.2   the amount and species of cervidae taken, and the tag numbers or 
  5.3   other markings affixed to each animal.  A shooting preserve must 
  5.4   keep records of the number of each species raised and purchased 
  5.5   and the date and number of each species released.  The licensee 
  5.6   must make an annual report to the board of animal health by the 
  5.7   date herd registration is required.  The records must be open to 
  5.8   inspection by the board of animal health at all reasonable times.
  5.9      (b) For each cervid taken, the licensee shall pay $75 to 
  5.10  the commissioner of natural resources. 
  5.11     Subd. 17.  [DISPOSITION OF FEES.] License fees paid under 
  5.12  subdivision 1 are appropriated to the commissioner of natural 
  5.13  resources to administer and enforce this section.  Fees paid 
  5.14  under subdivision 16 shall be credited to the game and fish fund.