Section 17.457 Restricted Species
17.457 RESTRICTED SPECIES.
Subdivision 1.Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of agriculture.
(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 July 1, 1993, 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, in consultation with the commissioner of natural resources, 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 general fund.
History:
1993 c 129 s 3; 1994 c 623 art 1 s 16-18,46; 1999 c 231 s 30; 1Sp2001 c 2 s 26