1.1 	A bill for an act
1.2 	relating to natural resources; providing for wildlife disease management; 
1.3 	providing civil penalties;amending Minnesota Statutes 2006, section 97A.045, 
1.4 	subdivision 11.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to 
1.7 	read:
1.8 		Subd. 11.Power to prevent or control wildlife disease. (a) If the commissioner 
1.9 	determines that action is necessary to prevent or control a wildlife disease, the 
1.10 	commissioner may prevent or control wildlife disease in a species of wild animal in 
1.11 	addition to the protection provided by the game and fish laws by further limiting, closing, 
1.12 	expanding, or opening seasons or areas of the state; by reducing or increasing limits in 
1.13 	areas of the state; by establishing disease management zones; by authorizing free licenses; 
1.14 	by allowing shooting from motor vehicles by persons designated by the commissioner; 
1.15 	by issuing replacement licenses for sick animals; by requiring sample collection from 
1.16 	hunter-harvested animals; by limiting wild animal possession, transportation, and 
1.17 	disposition; and by restricting wildlife feeding. The commissioner may enter any lands 
1.18 	to carry out the duties and functions of this section and may dispose of or destroy wild 
1.19 	animals found on those lands to control the spread of disease.
1.20 	(b) The commissioner shall restrict wildlife feeding within a ~~15-mile~~ 30-mile radius 
1.21 	of a cattle herd that is infected with bovine tuberculosis. In addition to any other penalties 
1.22 	provided by law, a person who violates a law restricting wildlife feeding within a bovine 
1.23 	tuberculosis management zone is subject to a civil penalty of $500 and the person may not 
1.24 	obtain a hunting license to take a wild animal for two years after the date of conviction.
2.1 	(c) The commissioner may prevent or control wildlife disease in a species of wild 
2.2 	animal in the state by emergency rule adopted under section 84.027, subdivision 13. 
2.3 	(d) If the commissioner determines that a disease in wildlife in this state presents a 
2.4 	substantial and imminent threat to the state's wildlife or to livestock or human health, the 
2.5 	commissioner may declare an emergency under this section for purposes of establishing 
2.6 	wildlife disease management zones to prevent the spread of disease and carry out the 
2.7 	functions of this section. A wildlife disease management zone may be established by 
2.8 	written order published in the State Register identifying the geographic area and duration 
2.9 	of the zone. The order is not subject to the rulemaking provisions of chapter 14 and 
2.10 	section 14.386 does not apply. In an established wildlife disease management zone, the 
2.11 	following restrictions on wildlife feeding activities are in effect:
2.12 	(1) except as provided in items (2) and (3), a person may not place or distribute 
2.13 	feed in an area frequented by deer or elk or knowingly allow another person to place or 
2.14 	distribute feed on property under the person's ownership or lease. For purposes of this 
2.15 	paragraph, "feed" means grains, fruits, vegetables, nuts, hay, or other food that is capable 
2.16 	of attracting or enticing deer or elk. Liquid scents, salt, and minerals are not feed;
2.17 	(2) unless otherwise prescribed by the commissioner, wildlife feeding is allowed 
2.18 	if the feed is placed in such a manner as to exclude access to deer and elk or the feed is 
2.19 	placed at least six feet above the ground; and
2.20 	(3) the prohibition in item (1) does not apply to feed that is present solely as a result 
2.21 	of normal agriculture, forest management, or wildlife feed planting practices. It also does 
2.22 	not apply to feed that is for agricultural or livestock purposes if the feed is:
2.23 	(i) placed for domestic livestock that are present and actively consuming the feed on 
2.24 	a daily basis;
2.25 	(ii) covered to deter deer or elk from gaining access to the feed; or
2.26 	(iii) stored consistently with normal agricultural practices.