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17.457

Statute ID: 18875

Restricted Species

In Effect

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Statute Number:

17.457

Enactment Date:

May 18, 2023

Effective Date:

Aug 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Restricted Species

Statute ID:

18875

Created:

Jul 7, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 7, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Adding; Amended 2023 C43 Art2 Sect11

Summary Text:

Restricted Species

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/17/457.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jun 13, 2024

Subdivision 1.
(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of agriculture or the commissioner's designee.

(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 accidental escape of a species from the control of the owner or responsible party.

Subdivision 1.
(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of agriculture or the commissioner's designee.

(c) "Domestic hogs" means members of the subspecies Sus scrofa domesticus.

(d) "Restricted species" means pigs, boars, peccaries, and all other members of the Suidae family and the Tayassuidae family, excluding domestic hogs.

(e) "Release" means an intentional introduction or persistent accidental escape of a restricted species or domestic hog from the control of the owner or responsible party. Release does not mean an accidental escape of restricted species or domestic hogs due to a transportation accident or an act of God.

Subd. 2.
It is unlawful for a person to import, possess, propagate, transport, or release restricted species, unless the person has a permit as described in subdivision 3.

Subd. 2.
It is unlawful for a person to import, possess, propagate, or transport a restricted species, unless the person has a permit as described in subdivision 3.

Subd. 2a.
(a) It is unlawful for a person to release restricted species or domestic hogs.

(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:

(1) register their premises with the Board of Animal Health;

(2) implement the confinement standards and record-keeping requirements developed by the Board of Animal Health; and

(3) reimburse the commissioner for costs incurred to annually inspect the registered premises and verify compliance with clause (2).

Subd. 4.
In the event of a release 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 released animal at the owner's expense.

Subd. 4.
 In the event of a release of a restricted species or domestic hog, 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. 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.

Subd. 6.
A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.

Subd. 6.
(a) A person who violates subdivision 2, 2a, 4, or 7 is guilty of a misdemeanor.

(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.

Subd. 7.
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.