Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 129-S.F.No. 550 
           An act relating to agriculture; board of animal 
          health; regulating the imposition and collection of 
          civil penalties; regulating activities relating to 
          restricted species; creating a restricted species task 
          force; providing penalties; appropriating money; 
          amending Minnesota Statutes 1992, section 35.95, 
          subdivisions 1 and 5; proposing coding for new law in 
          Minnesota Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 35.95, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
subdivisions 2 and 5, a person who violates this chapter or a 
special order, standard, stipulation, agreement, or schedule of 
compliance of the board is subject to a civil penalty of up to 
$10,000 as determined by the court board. 
    Sec. 2.  Minnesota Statutes 1992, section 35.95, 
subdivision 5, is amended to read: 
    Subd. 5.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
civil penalties and payments provided for in this section may be 
recovered by a civil action brought by the county attorney, the 
board, or the attorney general in the name of the state. 
    Sec. 3.  [84.9695] [RESTRICTED SPECIES.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Commissioner" means the commissioner of natural 
resources. 
    (c) "Restricted species" means Eurasian wild pigs and their 
hybrids (Sus scrofa subspecies and Sus scrofa hybrids), 
excluding domestic hogs (S. scrofa domesticus). 
    (d) "Release" means an intentional introduction or escape 
of a species from the control of the owner or responsible party. 
    Subd. 2.  [IMPORTATION; POSSESSION; RELEASE OF RESTRICTED 
SPECIES.] It is unlawful for a person to import, possess, 
propagate, transport, or release restricted species, except as 
provided in subdivision 3. 
    Subd. 3.  [PERMITS.] (a) The commissioner may issue permits 
for the transportation, possession, purchase, or importation of 
restricted species for scientific, research, educational, or 
commercial purposes.  A permit issued under this subdivision may 
be revoked by the commissioner if the conditions of the permit 
are not met by the permittee or for any unlawful act or 
omission, including accidental escapes.  
    (b) The commissioner may issue permits for a person to 
possess and raise a restricted species for commercial purposes 
if the person was in possession of the restricted species on 
March 1, 1993.  Under the permit, the number of breeding stock 
of the restricted species in the possession of the person may 
not increase by more than 25 percent and the person must comply 
with the certification requirements in subdivision 7. 
    (c) A person may possess a restricted species without a 
permit for a period not to exceed two days for the purpose of 
slaughtering the restricted species for human consumption. 
    Subd. 4.  [NOTICE OF ESCAPE OF RESTRICTED SPECIES.] In the 
event of an escape of a restricted species, the owner must 
notify within 24 hours a conservation officer and the board of 
animal health and is responsible for the recovery of the 
species.  The commissioner may capture or destroy the escaped 
animal at the owner's expense. 
    Subd. 5.  [ENFORCEMENT.] This section may be enforced under 
sections 97A.205 and 97A.211. 
    Subd. 6.  [PENALTY.] A person who violates subdivision 2, 
4, or 7 is guilty of a misdemeanor. 
    Subd. 7.  [CERTIFICATION AND IDENTIFICATION 
REQUIREMENTS.] (a) A person who possesses restricted species on 
the effective date of this section must submit certified numbers 
of restricted species in the person's possession to the board of 
animal health by June 1, 1993. 
    (b) Restricted species in the possession of a person must 
be marked in a permanent fashion to identify ownership.  The 
restricted species must be marked as soon as practicable after 
birth or purchase. 
    Subd. 8.  [CONTAINMENT.] The commissioner shall develop 
criteria for approved containment measures for restricted 
species with the assistance of producers of restricted species. 
    Subd. 9.  [BOND; SECURITY.] A person who possesses 
restricted species must file a bond or deposit with the 
commissioner security in the form and in the amount determined 
by the commissioner to pay for the costs and damages caused by 
an escape of a restricted species. 
    Subd. 10.  [FEE.] The commissioner shall impose a fee for 
permits in an amount sufficient to cover the costs of issuing 
the permits and for facility inspections.  The fee may not 
exceed $50.  Fee receipts must be deposited in the state 
treasury and credited to the game and fish fund and are 
appropriated to the commissioner for the purposes of this 
section. 
    Sec. 4.  [RESTRICTED SPECIES TASK FORCE.] 
    Subdivision 1.  [CREATION.] A task force is created to 
evaluate the feasibility of allowing restricted species in the 
state.  The task force shall consist of the following members:  
a member of the senate appointed by the subcommittee on 
committees of the committee on rules and administration, a 
member of the house of representatives appointed by the speaker 
of the house of representatives, the commissioner of natural 
resources or the commissioner's designee, the commissioner of 
agriculture or the commissioner's designee, a representative of 
the board of animal health, two representatives of producers of 
restricted species, a representative of the Minnesota pork 
producers association, and a representative of the conservation 
community appointed by the commissioner of natural resources. 
    Subd. 2.  [CHAIR.] The commissioner of agriculture or the 
commissioner's designee shall chair the task force and shall 
make the appointments for the producers of the restricted 
species and the board of animal health as provided in 
subdivision 1. 
    Subd. 3.  [DUTIES.] The task force shall conduct a study of 
restricted species in the state and make recommendations 
concerning the following issues: 
    (1) the economic viability of raising restricted species in 
the state in a safe manner; 
    (2) health threats, including the spread of diseases posed 
by restricted species; 
    (3) the ecological threat to the state posed by restricted 
species; 
    (4) the administrative impact on the departments of 
agriculture and natural resources if restricted species are 
permitted in the state; 
    (5) development of a plan to ban restricted species from 
the state and recommendations for the amount of compensation 
that is appropriate to pay producers if a ban is enacted into 
law; 
    (6) a determination of the number of restricted species in 
the state and their location; and 
    (7) any other factors relative to the costs, benefits, and 
feasibility of permitting restricted species in the state. 
    Subd. 4.  [REPORT.] The task force shall submit a written 
report containing its recommendations and findings to the 
legislature by January 1, 1994. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 13, 1993, 3:02 p.m.