1.1 	A bill for an act
1.2 	relating to animal health; providing for regulation of
1.3 	certain cervidae by the Board of Animal Health;
1.4 	amending Minnesota Statutes 2004, sections 17.452, by
1.5 	adding a subdivision; 35.155; proposing coding for new
1.6 	law in Minnesota Statutes, chapter 35; repealing
1.7 	Minnesota Statutes 2004, sections 17.451; 17.452,
1.8 	subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, 16.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 17.452, is
1.11 	amended by adding a subdivision to read:
1.12 		Subd. 5a.Other applicable definitions. The definitions
1.13 	in section 35.153 apply to this section.

1.14 	Sec. 2. [35.153] DEFINITIONS.
1.15 		Subdivision 1.Applicability. The definitions in this
1.16 	section apply to section 17.452, this section, and section
1.17 	35.155.
1.18 		Subd. 2.Cervidae. "Cervidae" means animals that are
1.19 	members of the family Cervidae and includes, but is not limited
1.20 	to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
1.21 	reindeer, and muntjac.
1.22 		Subd. 3.Farmed cervidae. "Farmed cervidae" means
1.23 	cervidae that are:
1.24 	(1) raised for any purpose; and 
1.25 	(2) registered in a manner approved by the Board of Animal
1.26 	Health.
1.27 		Subd. 4.Owner. "Owner" means a person who owns or is
2.1 	responsible for the raising of farmed cervidae.
2.2 		Subd. 5.Herd. "Herd" means all cervidae:
2.3 	(1) maintained on common ground for any purpose; or 
2.4 	(2) under common ownership or supervision, geographically
2.5 	separated, but that have an interchange or movement of animals
2.6 	without regard to whether the animals are infected with or
2.7 	exposed to diseases.

2.8 	Sec. 3. Minnesota Statutes 2004, section 35.155, is
2.9 	amended to read:
2.10 	35.155 FARMED CERVIDAE.
2.11 		Subdivision 1.Running at large prohibited. (a) An owner
2.12 	may not allow farmed cervidae to run at large.  The owner must
2.13 	make all reasonable efforts to return escaped farmed cervidae to
2.14 	their enclosures as soon as possible.  The owner must notify the
2.15 	commissioner of natural resources of the escape of farmed
2.16 	cervidae if the farmed cervidae are not returned or captured by
2.17 	the owner within 24 hours of their escape.
2.18 	(b) An owner is liable for expenses of another person in
2.19 	capturing, caring for, and returning farmed cervidae that have
2.20 	left their enclosures if the person capturing the farmed
2.21 	cervidae contacts the owner as soon as possible.
2.22 	(c) If an owner is unwilling or unable to capture escaped
2.23 	farmed cervidae, the commissioner of natural resources may
2.24 	destroy the escaped farmed cervidae.  The commissioner of
2.25 	natural resources must allow the owner to attempt to capture the
2.26 	escaped farmed cervidae prior to destroying the farmed
2.27 	cervidae.  Farmed cervidae that are not captured by 24 hours
2.28 	after escape may be destroyed.
2.29 		Subd. 2.Wild cervidae inside confinement area. An owner
2.30 	or an employee or agent under the direction of the owner must
2.31 	destroy wild cervidae found within the owner's farmed cervidae
2.32 	confinement area.  The owner, employee, or agent must report the
2.33 	wild cervidae destroyed to a conservation officer or an employee
2.34 	of the Department of Natural Resources, Division of Wildlife,
2.35 	within 24 hours.  The wild cervidae must be disposed of as
2.36 	prescribed by the commissioner of natural resources.
3.1 		Subd. 3.Farming in native elk area. A person may not
3.2 	raise farmed red deer in the native elk area without written
3.3 	approval of the commissioner of natural resources.  The native
3.4 	elk area is the area north of U.S. Highway 2 and west of U.S.
3.5 	Highway 71 and trunk highway 72.  The commissioner of natural
3.6 	resources shall review the proposed farming operation and
3.7 	approve with any condition or deny approval based on risks to
3.8 	the native elk population.
3.9 		Subd. 4.Fencing. Farmed cervidae must be confined in a
3.10 	manner designed to prevent escape.  All perimeter fences for
3.11 	farmed cervidae must be at least 96 inches in height and be
3.12 	constructed and maintained in a way that prevents the escape of
3.13 	farmed cervidae or entry into the premises by free-roaming
3.14 	cervidae.
3.15 		Subd. 5.Disease control programs. Farmed cervidae are
3.16 	subject to this chapter and the rules of the Board of Animal
3.17 	Health in the same manner as other livestock and domestic
3.18 	animals, including provisions related to importation and
3.19 	transportation.
3.20 		Subd. 6.Identification. (a) Farmed cervidae must be
3.21 	identified by means approved by the Board of Animal Health.  The
3.22 	identification must be visible to the naked eye during daylight
3.23 	under normal conditions at a distance of 50 yards.  Newborn
3.24 	animals must be identified before December 31 of the year in
3.25 	which the animal is born or before movement from the premises,
3.26 	whichever occurs first.
3.27 	(b) The Board of Animal Health shall register farmed
3.28 	cervidae.  The owner must submit the registration request on
3.29 	forms provided by the board.  The forms must include sales
3.30 	receipts or other documentation of the origin of the cervidae.
3.31 	The board shall provide copies of the registration information
3.32 	to the commissioner of natural resources upon request.  The
3.33 	owner must keep written records of the acquisition and
3.34 	disposition of registered farmed cervidae.
3.35 		Subd. 7.Inspection. The commissioner of agriculture and
3.36 	the Board of Animal Health may inspect farmed cervidae, farmed
4.1 	cervidae facilities, and farmed cervidae records.  For each
4.2 	herd, the owner or owners must, on or before January 1, pay an
4.3 	annual inspection fee equal to $10 for each cervid in the herd
4.4 	as reflected in the most recent inventory submitted to the Board
4.5 	of Animal Health, up to a maximum fee of $100.  The commissioner
4.6 	of natural resources may inspect farmed cervidae, farmed
4.7 	cervidae facilities, and farmed cervidae records with reasonable
4.8 	suspicion that laws protecting native wild animals have been
4.9 	violated and must notify the owner in writing at the time of the
4.10 	inspection of the reason for the inspection and must inform the
4.11 	owner in writing after the inspection of whether (1) the cause
4.12 	of the inspection was unfounded; or (2) there will be an ongoing
4.13 	investigation or continuing evaluation.
4.14 		Subd. 8.Cervidae inspection account. A cervidae
4.15 	inspection account is established in the state treasury.  The
4.16 	fees collected under this section and interest attributable to
4.17 	money in the account must be deposited in the state treasury and
4.18 	credited to the cervidae inspection account in the special
4.19 	revenue fund.  Money in the account, including interest earned,
4.20 	is appropriated to the Board of Animal Health for the
4.21 	administration and enforcement of this section.
4.22 		Subd. 9.Contested case hearing. A person raising farmed
4.23 	cervidae that is aggrieved with any decision regarding the
4.24 	farmed cervidae may request a contested case hearing under
4.25 	chapter 14.
4.26 		Subd. 10.Mandatory registration. A person may not
4.27 	possess live cervidae in Minnesota unless the person is
4.28 	registered with the Board of Animal Health and meets all the
4.29 	requirements for farmed cervidae under this section.  Cervidae
4.30 	possessed in violation of this subdivision may be seized and
4.31 	destroyed by the commissioner of natural resources.
4.32 		Subd. 11.Mandatory surveillance for chronic wasting
4.33 	disease. (a) An inventory for each farmed cervidae herd must be
4.34 	verified by an accredited veterinarian and filed with the Board
4.35 	of Animal Health every 12 months.
4.36 	(b) Movement of farmed cervidae from any premises to
5.1 	another location must be reported to the Board of Animal Health
5.2 	within 14 days of the movement on forms approved by the Board of
5.3 	Animal Health.
5.4 	(c) All animals from farmed cervidae herds that are over 16
5.5 	months of age that die or are slaughtered must be tested for
5.6 	chronic wasting disease.
5.7 		Subd. 12.Importation. A person must not import cervidae
5.8 	into the state from a herd that is infected or exposed to
5.9 	chronic wasting disease or from a known chronic wasting disease
5.10 	endemic area, as determined by the board.  A person may import
5.11 	cervidae into the state only from a herd that is not in a known
5.12 	chronic wasting disease endemic area, as determined by the
5.13 	board, and the herd has been subject to a state or provincial
5.14 	approved chronic wasting disease monitoring program for at least
5.15 	three years.  Cervidae imported in violation of this section may
5.16 	be seized and destroyed by the commissioner of natural resources.
5.17 		Subd. 13.Rules. The Board of Animal Health shall adopt
5.18 	rules as necessary to implement this section and to otherwise
5.19 	provide for the control of cervidae diseases.

5.20 	Sec. 4. REVISOR'S INSTRUCTION.
 5.21 	The revisor of statutes shall change cross-references in
5.22 	Minnesota Statutes and Minnesota Rules to reflect the amendments
5.23 	and repealers in sections 1 to 5.

5.24 	Sec. 5. REPEALER.
 5.25 	Minnesota Statutes 2004, sections 17.451; and 17.452,
5.26 	subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, and 16, are
5.27 	repealed.

5.28 	Sec. 6. EFFECTIVE DATE.
 5.29 	Sections 1 to 5 are effective the day following final
5.30 	enactment.