HF 1415

5th 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 3.737, subdivision 
  1.5             1; 97A.331, by adding a subdivision; and 97B.645; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 97B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 3.737, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [COMPENSATION REQUIRED.] (a) 
  1.12  Notwithstanding section 3.736, subdivision 3, paragraph (e), or 
  1.13  any other law, a livestock owner shall be compensated by the 
  1.14  commissioner of agriculture for livestock that is destroyed by a 
  1.15  timber wolf or is so crippled by a timber wolf that it must be 
  1.16  destroyed.  The owner is entitled to the fair market value of 
  1.17  the destroyed livestock, not to exceed $750 per animal 
  1.18  destroyed, as determined by the commissioner, upon 
  1.19  recommendation of a university extension agent and a 
  1.20  conservation officer.  
  1.21     (b) Either the agent or the conservation officer must make 
  1.22  a personal inspection of the site.  The agent or the 
  1.23  conservation officer must take into account factors in addition 
  1.24  to a visual identification of a carcass when making a 
  1.25  recommendation to the commissioner.  The commissioner, upon 
  1.26  recommendation of the agent and conservation officer, shall 
  2.1   determine whether the livestock was destroyed by a timber wolf 
  2.2   and any deficiencies in the owner's adoption of the best 
  2.3   management practices developed in subdivision 5.  The 
  2.4   commissioner may authorize payment of claims only if the agent 
  2.5   and the conservation officer have recommended payment.  The 
  2.6   owner shall file a claim on forms provided by the commissioner 
  2.7   and available at the university extension agent's office. 
  2.8      Sec. 2.  Minnesota Statutes 1998, section 97A.331, is 
  2.9   amended by adding a subdivision to read: 
  2.10     Subd. 7.  [GRAY WOLF.] (a) A person who takes, harasses, 
  2.11  destroys, buys, sells, possesses, transports, or ships a gray 
  2.12  wolf in violation of the game and fish laws is guilty of a gross 
  2.13  misdemeanor. 
  2.14     (b) The restitution value for a gray wolf under section 
  2.15  97A.345 is $2,000.  This amount may be amended by rule. 
  2.16     Sec. 3.  Minnesota Statutes 1998, section 97B.645, is 
  2.17  amended to read: 
  2.18     97B.645 [GRAY WOLVES.] 
  2.19     Subdivision 1.  [USE OF DOGS AND HORSES PROHIBITED; USE OF 
  2.20  GUARD ANIMALS.] A person may not use a dog or horse to take 
  2.21  a timber gray wolf.  A person may use a guard animal to harass, 
  2.22  repel, or destroy wolves only as allowed under subdivisions 3, 
  2.23  4, 5, and 6. 
  2.24     Subd. 2.  [PERMIT REQUIRED TO SNARE.] A person may not use 
  2.25  a snare to take a wolf except under a permit from the 
  2.26  commissioner. 
  2.27     Subd. 3.  [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN 
  2.28  LIFE.] A person may, at any time and without a permit, take a 
  2.29  gray wolf in defense of the person's own life or the life of 
  2.30  another.  A person who destroys a gray wolf under this 
  2.31  subdivision must protect all evidence and report the taking to a 
  2.32  conservation officer within 24 hours after the gray wolf is 
  2.33  killed. 
  2.34     Subd. 4.  [HARASSMENT OF GRAY WOLVES.] To discourage gray 
  2.35  wolves from contact or association with people and domestic 
  2.36  animals, a person may, at any time and without a permit, harass 
  3.1   a gray wolf that is within 500 yards of people, buildings, dogs, 
  3.2   livestock, or other domestic pets and animals.  A gray wolf may 
  3.3   not be purposely attracted, tracked, or searched out for the 
  3.4   purpose of harassment.  Harassment that results in physical 
  3.5   injury to a gray wolf is prohibited.  
  3.6      Subd. 5.  [DESTROYING GRAY WOLVES THREATENING LIVESTOCK OR 
  3.7   GUARD ANIMALS.] An owner of livestock and guard animals, and the 
  3.8   owner's agents, may, at any time and without a permit, shoot a 
  3.9   gray wolf when the gray wolf is posing an immediate threat to 
  3.10  livestock or a guard animal located on property owned, leased, 
  3.11  or occupied by the owner of the livestock or guard animal.  A 
  3.12  person who destroys a gray wolf under this subdivision must 
  3.13  protect all evidence and report the taking to a conservation 
  3.14  officer within 24 hours after the gray wolf is killed. 
  3.15     Subd. 6.  [DESTROYING GRAY WOLVES THREATENING DOMESTIC 
  3.16  PETS.] An owner of a domestic pet may, at any time and without a 
  3.17  permit, shoot a gray wolf when the gray wolf is posing an 
  3.18  immediate threat to a domestic pet under the controlled 
  3.19  supervision of the owner.  A person who destroys a gray wolf 
  3.20  under this subdivision must protect all evidence and report the 
  3.21  taking to a conservation officer within 24 hours after the gray 
  3.22  wolf is killed. 
  3.23     Subd. 7.  [INVESTIGATION OF REPORTED GRAY WOLF 
  3.24  TAKINGS.] (a) In response to a reported gray wolf taking under 
  3.25  subdivision 3, 5, or 6, the commissioner shall: 
  3.26     (1) investigate the reported taking; 
  3.27     (2) collect written and photographic documentation of the 
  3.28  circumstances and site of the taking, including but not limited 
  3.29  to documentation of animal husbandry practices; 
  3.30     (3) confiscate the remains of the gray wolf killed; and 
  3.31     (4) dispose of any salvageable gray wolf pelt confiscated 
  3.32  under this subdivision by sale or donation for educational 
  3.33  purposes. 
  3.34     (b) The commissioner shall produce monthly reports of 
  3.35  activities under this subdivision. 
  3.36     (c) In response to a verified gray wolf taking under 
  4.1   subdivision 5, the commissioner must notify the county extension 
  4.2   agent.  The county extension agent must recommend what, if any, 
  4.3   cost-conscious livestock best management practices and nonlethal 
  4.4   wolf depredation controls are needed to prevent future wolf 
  4.5   depredation.  Any best management practices recommended by the 
  4.6   county extension agent must be consistent with the best 
  4.7   management practices developed by the commissioner of 
  4.8   agriculture under section 3.737, subdivision 5.  
  4.9      Subd. 8.  [NO OPEN SEASON; FIVE YEAR MINIMUM.] The 
  4.10  commissioner may not prescribe an open season for gray wolves 
  4.11  until five years after the gray wolf is delisted in this state 
  4.12  under the federal Endangered Species Act of 1973.  After the 
  4.13  gray wolf is delisted, the commissioner may solicit and consider 
  4.14  public comment regarding an open season and may prescribe an 
  4.15  open season and restrictions for taking gray wolves if the 
  4.16  commissioner determines that it is biologically feasible. 
  4.17     Subd. 9.  [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY 
  4.18  WOLVES.] A person may not release wolf-dog hybrids or captive 
  4.19  gray wolves without a permit from the commissioner. 
  4.20     Subd. 10.  [FEDERAL LAW.] Notwithstanding the provisions of 
  4.21  this section, a person may not take, harass, buy, sell, possess, 
  4.22  transport, or ship gray wolves in violation of federal law. 
  4.23     Subd. 11.  [DEFINITIONS.] (a) For purposes of this section, 
  4.24  the terms used have the meanings given. 
  4.25     (b) "Guard animal" means a donkey, llama, dog, or other 
  4.26  domestic animal specifically bred, trained, and used to protect 
  4.27  livestock from gray wolf depredation. 
  4.28     (c) "Immediate threat" means observing a gray wolf in the 
  4.29  act of pursuing, attacking, or killing livestock, a guard 
  4.30  animal, or a domestic pet under the supervised control of the 
  4.31  owner.  If a gray wolf is not observed pursuing or attacking, 
  4.32  the mere presence of the gray wolf feeding on an already dead 
  4.33  animal whose death was not caused by gray wolves is not an 
  4.34  immediate threat. 
  4.35     Sec. 4.  [97B.646] [GRAY WOLF MANAGEMENT.] 
  4.36     The commissioner, in consultation with the commissioner of 
  5.1   agriculture, shall adopt a gray wolf management plan that 
  5.2   includes goals to ensure the long-term survival of the gray wolf 
  5.3   in Minnesota and to reduce conflicts between gray wolves and 
  5.4   humans and to minimize depredation of livestock and domestic 
  5.5   pets. 
  5.6      Sec. 5.  [97B.647] [GRAY WOLF NONLETHAL CONTROL MEASURES 
  5.7   ACCOUNT.] 
  5.8      The gray wolf nonlethal control measures account is 
  5.9   established in the natural resources fund.  Money in the account 
  5.10  consists of private contributions and appropriations to the 
  5.11  account and the interest earnings on the balance in the 
  5.12  account.  Money in the account may be appropriated only to match 
  5.13  money spent for research, development, and implementation of 
  5.14  nonlethal control measures and best management practices to 
  5.15  minimize the incidence of gray wolf depredation on domestic 
  5.16  animals. 
  5.17     Sec. 6.  [PUBLIC EDUCATION ABOUT WOLVES.] 
  5.18     The commissioner shall make available public education 
  5.19  materials regarding wolves and how humans can avoid conflicts 
  5.20  with wolves. 
  5.21     Sec. 7.  [REPORT TO THE LEGISLATURE.] 
  5.22     The commissioner of natural resources must submit a report 
  5.23  to the chairs of the senate and house environment and natural 
  5.24  resources policy and funding committees by January 3, 2001.  The 
  5.25  report must provide recommendations on appropriations needed to 
  5.26  accomplish the gray wolf management plan. 
  5.27     Sec. 8.  [REVISORS INSTRUCTION.] 
  5.28     The revisor of statutes shall change the phrase "timber 
  5.29  wolf" wherever it appears in Minnesota Statutes and Minnesota 
  5.30  Rules to "gray wolf."  
  5.31     Sec. 9.  [EFFECTIVE DATE.] 
  5.32     Section 1 is effective July 1, 2001.