HF 1415

4th Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for gray wolf 
  1.3             management; providing criminal penalties; amending 
  1.4             Minnesota Statutes 1998, sections 97A.331, by adding a 
  1.5             subdivision; and 97B.645; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 97B. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 97A.331, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 7.  [GRAY WOLF.] (a) A person who takes, harasses, 
  1.11  destroys, buys, sells, possesses, transports, or ships a gray 
  1.12  wolf in violation of the game and fish laws is guilty of a gross 
  1.13  misdemeanor. 
  1.14     (b) The restitution value for a gray wolf under section 
  1.15  97A.345 is $2,000.  This amount may be amended by rule. 
  1.16     Sec. 2.  Minnesota Statutes 1998, section 97B.645, is 
  1.17  amended to read: 
  1.18     97B.645 [GRAY WOLVES.] 
  1.19     Subdivision 1.  [USE OF DOGS AND HORSES PROHIBITED; USE OF 
  1.20  GUARD ANIMALS.] A person may not use a dog or horse to take 
  1.21  a timber gray wolf.  A person may use a guard animal to harass, 
  1.22  repel, or destroy wolves only as allowed under subdivisions 3, 
  1.23  4, 5, and 6. 
  1.24     Subd. 2.  [PERMIT REQUIRED TO SNARE.] A person may not use 
  1.25  a snare to take a wolf except under a permit from the 
  1.26  commissioner. 
  2.1      Subd. 3.  [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN 
  2.2   LIFE.] A person may, at any time and without a permit, take a 
  2.3   gray wolf in defense of the person's own life or the life of 
  2.4   another.  A person who destroys a gray wolf under this 
  2.5   subdivision must protect all evidence and report the taking to a 
  2.6   conservation officer within 24 hours after the gray wolf is 
  2.7   killed. 
  2.8      Subd. 4.  [HARASSMENT OF GRAY WOLVES.] To discourage gray 
  2.9   wolves from contact or association with people and domestic 
  2.10  animals, a person may, at any time and without a permit, harass 
  2.11  a gray wolf that is within 500 yards of people, buildings, dogs, 
  2.12  livestock, or other domestic pets and animals.  A gray wolf may 
  2.13  not be purposely attracted, tracked, or searched out for the 
  2.14  purpose of harassment.  Harassment that results in physical 
  2.15  injury to a gray wolf is prohibited.  
  2.16     Subd. 5.  [DESTROYING GRAY WOLVES THREATENING LIVESTOCK OR 
  2.17  GUARD ANIMALS.] An owner of livestock and guard animals, and the 
  2.18  owner's agents, may, at any time and without a permit, shoot a 
  2.19  gray wolf when the gray wolf is posing an immediate threat to 
  2.20  livestock or a guard animal located on property owned, leased, 
  2.21  or occupied by the owner of the livestock or guard animal.  A 
  2.22  person who destroys a gray wolf under this subdivision must 
  2.23  protect all evidence and report the taking to a conservation 
  2.24  officer within 24 hours after the gray wolf is killed. 
  2.25     Subd. 6.  [DESTROYING GRAY WOLVES THREATENING DOMESTIC 
  2.26  PETS.] An owner of a domestic pet may, at any time and without a 
  2.27  permit, shoot a gray wolf when the gray wolf is posing an 
  2.28  immediate threat to a domestic pet under the controlled 
  2.29  supervision of the owner.  A person who destroys a gray wolf 
  2.30  under this subdivision must protect all evidence and report the 
  2.31  taking to a conservation officer within 24 hours after the gray 
  2.32  wolf is killed. 
  2.33     Subd. 7.  [INVESTIGATION OF REPORTED GRAY WOLF 
  2.34  TAKINGS.] (a) In response to a reported gray wolf taking under 
  2.35  subdivision 3, 5, or 6, the commissioner shall: 
  2.36     (1) investigate the reported taking; 
  3.1      (2) collect written and photographic documentation of the 
  3.2   circumstances and site of the taking, including but not limited 
  3.3   to documentation of animal husbandry practices; 
  3.4      (3) confiscate the remains of the gray wolf killed; and 
  3.5      (4) dispose of any salvageable gray wolf pelt confiscated 
  3.6   under this subdivision by sale or donation for educational 
  3.7   purposes. 
  3.8      (b) The commissioner shall produce monthly reports of 
  3.9   activities under this subdivision. 
  3.10     (c) In response to a verified gray wolf taking under 
  3.11  subdivision 5, the commissioner must notify the county extension 
  3.12  agent.  The county extension agent must recommend what, if any, 
  3.13  cost-conscious livestock best management practices and nonlethal 
  3.14  wolf depredation controls are needed to prevent future wolf 
  3.15  depredation.  Any best management practices recommended by the 
  3.16  county extension agent must be consistent with the best 
  3.17  management practices developed by the commissioner of 
  3.18  agriculture under section 3.737, subdivision 5.  
  3.19     Subd. 8.  [NO OPEN SEASON.] There is no open season for 
  3.20  gray wolves. 
  3.21     Subd. 9.  [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY 
  3.22  WOLVES.] A person may not release wolf-dog hybrids or captive 
  3.23  gray wolves without a permit from the commissioner. 
  3.24     Subd. 10.  [FEDERAL LAW.] Notwithstanding the provisions of 
  3.25  this section, a person may not take, harass, buy, sell, possess, 
  3.26  transport, or ship gray wolves in violation of federal law. 
  3.27     Subd. 11.  [DEFINITIONS.] (a) For purposes of this section, 
  3.28  the terms used have the meanings given. 
  3.29     (b) "Guard animal" means a donkey, llama, dog, or other 
  3.30  domestic animal specifically bred, trained, and used to protect 
  3.31  livestock from gray wolf depredation. 
  3.32     (c) "Immediate threat" means observing a gray wolf in the 
  3.33  act of pursuing, attacking, or killing livestock, a guard 
  3.34  animal, or a pet under the supervised control of the owner.  A 
  3.35  wolf that returns to feed on the carcass of agricultural 
  3.36  livestock or a pet meets the definition of "immediate threat."  
  4.1   Nothing in this subdivision shall be construed to authorize 
  4.2   baiting a gray wolf with a carcass. 
  4.3      Sec. 3.  [97B.646] [GRAY WOLF MANAGEMENT PLAN.] 
  4.4      (a) For the purposes of this section, "federal wolf 
  4.5   recovery plan" refers to the "Recovery Plan for the Eastern 
  4.6   Timber Wolf" as revised and approved in 1992 by the United 
  4.7   States Fish and Wildlife Service. 
  4.8      (b) The commissioner, in close consultation with the 
  4.9   commissioner of agriculture, shall adopt a gray wolf management 
  4.10  plan that ensures the long-term survival of the gray wolf 
  4.11  population in Minnesota.  If the wolf population estimate for a 
  4.12  federal zone prepared by the commissioner exceeds 125 percent of 
  4.13  the minimum number of wolves required for the zone in the 
  4.14  federal wolf recovery plan, the commissioner must attempt to 
  4.15  minimize the contact between the gray wolf population and humans 
  4.16  and livestock in that zone consistent with the goal specified in 
  4.17  the federal plan.  
  4.18     (c) The estimate of the wolf population in this state that 
  4.19  is prepared by the commissioner for the purposes of this section 
  4.20  must be prepared using cost-effective and scientifically 
  4.21  accepted estimation methods. 
  4.22     (d) If the commissioner determines that the gray wolf 
  4.23  population in a zone in the federal wolf recovery plan no longer 
  4.24  exceeds 125 percent of the minimum number of wolves specified 
  4.25  for that zone after population control efforts under this 
  4.26  section have been initiated, the commissioner must cease the 
  4.27  efforts in that zone. 
  4.28     Sec. 4.  [REPORT TO THE LEGISLATURE.] 
  4.29     The commissioner of natural resources must submit a report 
  4.30  to the chairs of the senate and house environment and natural 
  4.31  resources policy and funding committees by January 3, 2000.  The 
  4.32  report must provide recommendations on appropriations needed to 
  4.33  accomplish the gray wolf management plan. 
  4.34     Sec. 5.  [REVISORS INSTRUCTION.] 
  4.35     The revisor of statutes shall change the phrase "timber 
  4.36  wolf" wherever it appears in Minnesota Statutes and Minnesota 
  5.1   Rules to "gray wolf."