HF 1415

3rd 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 a gray wolf 
  1.11  in violation of the game and fish laws is guilty of a gross 
  1.12  misdemeanor. 
  1.13     (b) The restitution value for a gray wolf under section 
  1.14  97A.345 is $250.  This amount may be amended by rule. 
  1.15     Sec. 2.  Minnesota Statutes 1998, section 97B.645, is 
  1.16  amended to read: 
  1.17     97B.645 [GRAY WOLVES.] 
  1.18     Subdivision 1.  [USE OF DOGS AND HORSES PROHIBITED; USE OF 
  1.19  GUARD ANIMALS.] A person may not use a dog or horse to take 
  1.20  a timber gray wolf.  A person may use a guard animal to harass, 
  1.21  repel, or destroy wolves only as allowed under subdivisions 3, 
  1.22  4, 5, and 6. 
  1.23     Subd. 2.  [PERMIT REQUIRED TO SNARE.] A person may not use 
  1.24  a snare to take a gray wolf except under a permit from the 
  1.25  commissioner. 
  1.26     Subd. 3.  [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN 
  2.1   LIFE.] A person may, at any time and without a permit, take a 
  2.2   gray wolf in defense of the person's own life or the life of 
  2.3   another.  A person who destroys a gray wolf under this 
  2.4   subdivision must protect all evidence and report the taking to a 
  2.5   conservation officer within 48 hours after the gray wolf is 
  2.6   killed. 
  2.7      Subd. 4.  [HARASSMENT OF GRAY WOLVES.] To discourage gray 
  2.8   wolves from contact or association with people and domestic 
  2.9   animals, a person may, at any time and without a permit, harass 
  2.10  a gray wolf that is within 500 yards of people, buildings, dogs, 
  2.11  livestock, or other domestic animals.  A gray wolf may not be 
  2.12  purposely attracted, tracked, or searched out for the purpose of 
  2.13  harassment.  
  2.14     Subd. 5.  [DESTROYING GRAY WOLVES THREATENING LIVESTOCK OR 
  2.15  GUARD ANIMALS.] An owner of livestock and guard animals, and the 
  2.16  owner's agents, may, at any time and without a permit, shoot a 
  2.17  gray wolf when the gray wolf is posing a threat to livestock or 
  2.18  a guard animal on property owned, leased, or occupied by the 
  2.19  owner.  A person who destroys a gray wolf under this subdivision 
  2.20  must protect all evidence and report the taking to a 
  2.21  conservation officer within 48 hours after the gray wolf is 
  2.22  killed. 
  2.23     Subd. 6.  [DESTROYING GRAY WOLVES THREATENING DOMESTIC 
  2.24  PETS.] An owner of a domestic pet may, at any time and without a 
  2.25  permit, shoot a gray wolf when the gray wolf is posing a threat 
  2.26  to a domestic pet under the supervision of the owner.  A person 
  2.27  who destroys a gray wolf under this subdivision must protect all 
  2.28  evidence and report the taking to a conservation officer within 
  2.29  48 hours after the gray wolf is killed. 
  2.30     Subd. 7.  [INVESTIGATION OF REPORTED GRAY WOLF 
  2.31  TAKINGS.] (a) In response to a reported gray wolf taking under 
  2.32  subdivision 3, 5, or 6, the commissioner shall: 
  2.33     (1) investigate the reported taking; 
  2.34     (2) collect written and photographic documentation of the 
  2.35  circumstances and site of the taking, including but not limited 
  2.36  to documentation of animal husbandry practices; 
  3.1      (3) confiscate the remains of the gray wolf killed; and 
  3.2      (4) dispose of any salvageable gray wolf pelt confiscated 
  3.3   under this subdivision by sale or donation for educational 
  3.4   purposes. 
  3.5      (b) The commissioner shall produce monthly reports of 
  3.6   activities under this subdivision. 
  3.7      (c) In response to a verified gray wolf taking under 
  3.8   subdivision 5, the commissioner shall notify the county 
  3.9   extension agent of the county where the taking occurred.  The 
  3.10  county extension agent shall recommend what, if any, livestock 
  3.11  best management practices and nonlethal wolf depredation 
  3.12  controls are needed to prevent future wolf depredation and shall 
  3.13  work with the owner to develop a plan with a reasonable time 
  3.14  frame for its implementation.  Any best management practices 
  3.15  recommended by the county extension agent must be consistent 
  3.16  with the best management practices developed by the commissioner 
  3.17  of agriculture under section 3.737, subdivision 5.  
  3.18     Subd. 8.  [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY 
  3.19  WOLVES.] A person may not release wolf-dog hybrids or captive 
  3.20  gray wolves. 
  3.21     Subd. 9.  [DEFINITIONS.] (a) For purposes of this section, 
  3.22  the terms used have the meanings given. 
  3.23     (b) "Guard animal" means a donkey, llama, dog, or other 
  3.24  domestic animal specifically bred, trained, and used to protect 
  3.25  livestock from gray wolf depredation. 
  3.26     (c) "Threat" means observing a gray wolf in the act of 
  3.27  stalking, pursuing, or attacking livestock, a guard animal, or a 
  3.28  dog under the supervised control of the owner.  A wolf that 
  3.29  returns to feed on the carcass of agricultural livestock or a 
  3.30  domestic pet previously killed by the wolf or other wolves 
  3.31  continues to meet the definition of "threat."  Baiting with a 
  3.32  carcass other than the carcass of an animal killed by the wolf 
  3.33  or other wolves is prohibited. 
  3.34     (d) "Stalking" means to pursue or approach livestock in 
  3.35  such a manner as to cause the livestock to be alarmed, take 
  3.36  flight, or otherwise alter their normal behavior with respect to 
  4.1   feeding, resting, birthing, or breeding.  
  4.2      Sec. 3.  [97B.646] [GRAY WOLF MANAGEMENT PLAN.] 
  4.3      The commissioner, in close consultation with the 
  4.4   commissioner of agriculture, shall adopt a gray wolf management 
  4.5   plan that ensures the long-term survival of the gray wolf 
  4.6   population in Minnesota consistent with the federal wolf 
  4.7   recovery plan.  If the wolf population exceeds 1,600 wolves, the 
  4.8   commissioner must establish trapping and/or hunting procedures 
  4.9   to manage the gray wolf population by licensed hunters and 
  4.10  trappers to a level that minimizes conflicts between humans and 
  4.11  gray wolves and the depredation of livestock and domestic pets.  
  4.12  No hunting or trapping authorized under this section may occur 
  4.13  before January 1 of the year following the delisting of the gray 
  4.14  wolf from the federal endangered species act.  A wolf taken by 
  4.15  trapping or hunting must be properly tagged and registered with 
  4.16  the commissioner within 48 hours of the taking.  No taking of 
  4.17  wolves is allowed in the federally designated Boundary Waters 
  4.18  Canoe Area Wilderness, except as authorized under section 2, 
  4.19  subdivision 3. 
  4.20     Sec. 4.  [REPORT TO LEGISLATURE.] 
  4.21     The commissioners of natural resources and agriculture 
  4.22  shall jointly submit a report to the chairs of the senate and 
  4.23  house environment and natural resources policy and funding 
  4.24  committees by May 15, 1999.  The report must provide 
  4.25  recommendations on appropriations needed to accomplish the gray 
  4.26  wolf management plan. 
  4.27     Sec. 5.  [REVISOR INSTRUCTION.] 
  4.28     The revisor of statutes shall change the phrase "timber 
  4.29  wolf" wherever it appears in Minnesota Statutes and Minnesota 
  4.30  Rules to "gray wolf." 
  4.31     Sec. 6.  [EFFECTIVE DATE.] 
  4.32     Sections 3 and 4 are effective the day following final 
  4.33  enactment.  Sections 1, 2, and 5 are effective August 1, 1999.