SF4841

Purpose

The bill updates Minnesota law about keeping farmed cervidae (deer) by changing fencing rules and how authorities handle fence failures. It aims to better prevent farmed deer from escaping and from coming into contact with free-roaming deer, and it strengthens the process for inspecting fences and enforcing compliance.

Main Provisions

• Fencing requirements
  • Perimeter fences for farmed cervidae must be at least 96 inches high.
  • Fences must be constructed and maintained to prevent escape and to prevent contact between farmed cervidae and freeroaming cervidae.
  • All new fencing and fence repairs must use high-tensile materials.
  • Entry areas must have two redundant gates to prevent animals from escaping if a gate is open.
• Inspection and maintenance
  • If a fence deficiency creates a risk of entry or exit by farmed or wild cervidae, the farm owner must immediately repair it.
  • All other fencing deficiencies must be repaired within a reasonable time not to exceed 14 days, as determined by the Board of Animal Health.
  • If a fence deficiency is found, the facility must be reinspected at least once in the following three months.
  • A reinspection fee equal to one-half of the applicable annual inspection fee applies to each reinspection related to a fence violation.
• Enforcement and penalties
  • If a facility experiences more than one escape incident in six months, or fails to correct a deficiency found during an inspection, the Board may revoke the facility’s registration and order the owner to remove or destroy the animals as directed.
  • If a facility’s registration is revoked, the Commissioner of Natural Resources may seize and destroy the animals at the facility.

Significant Changes to Existing Law

• Scope and enforcement of fencing standards
  • The bill tightens fencing standards (height, materials, and design to prevent escape and contact with freeroaming deer) and introduces clear timelines for repairs and reinspections.
• Increased authority and remedies
  • It strengthens the Board of Animal Health’s and the Commissioner of Natural Resources’ authority to compel corrective actions, revoke registrations, and seize/destroy animals when noncompliance persists.
• Cost implications for facilities
  • It creates a fee mechanism (reinspection fee) tied to fence-related violations.

Definitions and Key Terms (as used in the bill)

• Farmed Cervidae: cultivated deer kept on a facility.
• Freeroaming Cervidae: wild or non-facility deer that may enter the facility.
• High tensile fencing: a specific fencing standard required for new fences and repairs.
• Redundant gates: two gates in entry areas to prevent escape.

Note on Implementation

• The changes apply to Minnesota Statutes 2024 section 35.155, subdivision 4, and outline the roles of the Board of Animal Health and the Commissioner of Natural Resources in enforcing these provisions.

Relevant Terms - fencing - farmed Cervidae - freeroaming Cervidae - high tensile - 96 inches - perimeter fence - two redundant gates - Board of Animal Health - Commissioner of Natural Resources - registration - inspection - reinspection - reinspection fee - fence deficiency - immediate repair - 14 days - escape incident - revoke - removal or destroy - seize and destroy