35.155 FARMED CERVIDAE.
Subdivision 1. Running at large prohibited.
(a) An owner may not allow farmed cervidae
to run at large. The owner must make all reasonable efforts to return escaped farmed cervidae
to their enclosures as soon as possible. The owner must notify the commissioner of natural
resources of the escape of farmed cervidae if the farmed cervidae are 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 that have left their enclosures if the person capturing the farmed cervidae
contacts the owner as soon as possible.
(c) If an owner is unwilling or unable to capture escaped farmed cervidae, the commissioner
of natural resources may destroy the escaped farmed cervidae. The commissioner of natural
resources must allow the owner to attempt to capture the escaped farmed cervidae prior to
destroying the farmed cervidae. Farmed cervidae that 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
confinement 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 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 or entry into the premises
by free-roaming cervidae.
Subd. 5. Disease control programs.
Farmed cervidae 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 must 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 cervidae. 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 cervidae.
Subd. 7. Inspection.
The commissioner of agriculture and the Board of Animal Health may
inspect farmed cervidae, farmed cervidae facilities, and farmed cervidae records. 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
cervidae, farmed cervidae facilities, and farmed cervidae 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 cervidae that is aggrieved with
any decision regarding the farmed cervidae may 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 under 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 cervidae herd must be verified by an accredited veterinarian and filed with the Board
of Animal Health every 12 months.
(b) Movement of farmed cervidae from 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
(c) All animals from farmed cervidae herds 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.
History: 2002 c 373 s 22; 2003 c 128 art 3 s 34; 1Sp2005 c 1 art 1 s 66