A bill for an act
relating to natural resources; classifying certain fur farm data; prohibiting the
release of domestic hogs; clarifying agency jurisdiction; establishing civil penalties;
requiring outreach; repealing voluntary fur farm registration; modifying fur farm
licensing provisions; appropriating money; amending Minnesota Statutes 2022,
sections 13.7931, by adding a subdivision; 97A.105; 97A.56, subdivisions 1, 2,
by adding a subdivision; Minnesota Statutes 2023 Supplement, section 17.457;
proposing coding for new law in Minnesota Statutes, chapter 97A; repealing
Minnesota Statutes 2022, section 17.353.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 13.7931, is amended by adding a subdivision
to read:
new text begin
Data on fur farm license applicants or licensees are classified
under section 97A.106, subdivision 3.
new text end
Minnesota Statutes 2023 Supplement, section 17.457, is amended to read:
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of agriculture or the commissioner's
designee.
new text begin
(c) "Domestic hogs" means members of the subspecies Sus scrofa domesticus.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Restricted species" means deleted text begin Eurasian wild pigs and their hybrids (Sus scrofa
subspecies and Sus scrofa hybrids)deleted text end new text begin pigs, boars, peccaries, and all other members of the
Suidae family and the Tayassuidae familynew text end , excluding domestic hogs deleted text begin (S. scrofa domesticus)deleted text end .
deleted text begin (d)deleted text end new text begin (e)new text end "Release" means an intentional introduction or accidental escape of a new text begin restricted
new text end speciesnew text begin or domestic hognew text end from the control of the owner or responsible party.
It is unlawful for a person to import, possess, propagate, new text begin or new text end transportdeleted text begin , or
releasedeleted text end new text begin anew text end restricted species, unless the person has a permit as described in subdivision 3.
new text begin
(a) It is unlawful
for a person to release restricted species or domestic hogs.
new text end
new text begin
(b) In addition to the penalties in subdivision 6, a person who violates paragraph (a)
must do the following at the person's expense and by the date and time specified by the
commissioner:
new text end
new text begin
(1) register their premises with the Board of Animal Health;
new text end
new text begin
(2) implement the confinement standards and record-keeping requirements developed
by the commissioner under subdivision 8; and
new text end
new text begin
(3) reimburse the commissioner for costs incurred to annually inspect the registered
premises and verify compliance with clause (2).
new text end
The commissioner may issue permits for the transportation, possession,
purchase, or importation of restricted species new text begin only new text end for scientific, research, new text begin or new text end educationaldeleted text begin ,
or commercialdeleted text end 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.
In the event of a
release of a restricted speciesnew text begin or domestic hognew text end , 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. deleted text begin The commissioner may capture or destroy the released animal at the owner's
expense.deleted text end new text begin If the owner does not provide notification or fails to recover the animal within 72
hours of providing notification, the released animal is considered feral swine under section
97A.56, is no longer the personal property of the owner, and may be captured or destroyed
at the former owner's expense by a peace officer or by the commissioner of natural resources
under section 97A.045, subdivision 1, paragraph (b), or other authority.
new text end
new text begin (a) new text end This section may be enforced by new text begin a peace officer, new text end an
enforcement officer under sections 97A.205 and 97A.211new text begin ,new text end andnew text begin , except as provided in
paragraph (b),new text end by the commissioner under sections 17.982 to deleted text begin 17.984deleted text end new text begin 17.983new text end .
new text begin
(b) For the first violation of this section, the commissioner may impose an administrative
penalty of no more than $1,000. For a second violation, the commissioner may impose an
administrative penalty of no more than $1,500. For a third or succeeding violation, the
commissioner may impose an administrative penalty of no more than $3,000 for each
violation.
new text end
new text begin (a) new text end A person who violates subdivision 2, new text begin 2a, new text end 4, or 7 is guilty
of a misdemeanor.
new text begin
(b) A person who violates subdivision 2a, paragraph (a), is liable to the state for costs
associated with a release. The attorney general may enforce this paragraph on behalf of any
state agency affected.
new text end
A 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.
The commissioner, in consultation with the commissioner of
natural resources, shall developnew text begin :
new text end
new text begin (1) new text end criteria for approved containment measures for restricted speciesnew text begin ; and
new text end
new text begin (2) the confinement standards and record-keeping requirements under subdivision 2anew text end .
A person who possesses restricted species must provide proof
of insurance or file a security bond with the commissioner in an amount determined by the
commissioner to pay for the potential costs and damages that would be caused by the release
of a restricted species.
The commissioner may 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 general fund.
Minnesota Statutes 2022, section 97A.105, is amended to read: