HF4794

Purpose

The bill updates rules about fencing for farmed Cervidae (deer) to improve containment and reduce interactions with wild deer. It sets new fencing standards, strengthens enforcement, and specifies actions if fences fail or animals escape.

Main Provisions

• Fencing standards and containment

  • Perimeter fences for farmed Cervidae must be at least 96 inches tall.
  • Fences must be constructed and maintained to prevent escape, prevent entry by freeroaming Cervidae, and prevent physical contact between farmed and freeroaming Cervidae.
  • The Board of Animal Health or the commissioner of natural resources can assess whether fencing is adequate and can compel corrective actions if it is not.
  • All new fencing and all fencing used to repair deficiencies must be high tensile.

• Gate requirements and entry control

  • All entry areas for farmed Cervidae enclosures must have two redundant gates and these gates must be maintained to prevent animals from escaping through an open gate.

• Repair obligations and timelines

  • If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner must immediately repair it.
  • 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 during an inspection, the facility must be reinspected at least once in the following three months.

• Inspection and fees

  • A reinspection fee equal to one-half of the applicable annual inspection fee (under subdivision 7a) applies for each reinspection related to a fence violation.

• Enforcement actions and penalties

  • If there are more than one escape incident in any six-month period or the owner does not 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.
  • If the facility’s registration is revoked, the Commissioner of Natural Resources may seize and destroy the animals at the facility.

Changes to Existing Law

• This act amends Minnesota Statutes 2024 section 35.155, subdivision 4, to update fencing requirements for farmed Cervidae, including the 96-inch height, high-tensile fencing, two redundant gates, and related enforcement provisions.

Key terminology and concepts addressed

• Farmed Cervidae
• Freeroaming Cervidae
• Perimeter fence
• Height requirement (96 inches)
• High tensile fencing
• Two redundant gates
• Entry areas
• Escape and entry prevention
• Board of Animal Health
• Commissioner of Natural Resources
• Reinspection and inspection fees
• Registration revocation
• Seizure and destruction of animals

Relevant Terms Cervidae; farmed Cervidae; freeroaming Cervidae; fencing; perimeter fence; 96 inches; high tensile; two redundant gates; entry areas; escape; corrective action; Board of Animal Health; Commissioner of Natural Resources; inspection; reinspection; inspection fee; registration revocation; seizure; destruction; six-month period; 14 days.