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HF 2484

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 01:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; providing for taking wolf; modifying predator
control program; appropriating money; amending Minnesota Statutes 2010,
sections 97A.015, subdivision 53; 97A.451, subdivision 3; 97A.473, subdivisions
3, 5, 5a; 97A.475, subdivisions 2, 3, 20; 97B.031, subdivisions 1, 2; 97B.035,
subdivision 1a; 97B.601, subdivisions 3a, 4; 97B.603; 97B.605; 97B.671,
subdivision 4; 97B.901; Minnesota Statutes 2011 Supplement, sections 97A.075,
by adding a subdivision; 97B.075; 97B.645, subdivision 9; proposing coding for
new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2010,
sections 97A.331, subdivision 7; 97B.645, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to
read:


Subd. 53.

Unprotected wild animals.

"Unprotected wild animals" means wild
animals that are not protected wild animals including weasel, coyote deleted text begin (brush wolf)deleted text end , gopher,
porcupine, striped skunk, and unprotected birds.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Wolf licenses. new text end

new text begin (a) For purposes of this subdivision, "wolf license" means a
license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph
(a), clause (13); or 20, paragraph (b).
new text end

new text begin (b) Revenue from wolf licenses must be credited to the wolf management and
monitoring account and is appropriated to the commissioner only for wolf management,
research, damage control, enforcement, and education.
new text end

Sec. 3.

Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:


Subd. 3.

Residents under age 16; small game.

(a) A resident under age 16 must
obtain a small game license in order to take small game by firearms or bow and arrow
without paying the applicable fees under section 97A.475, subdivisions 2, 4, and 5, if
the resident is:

(1) age 14 or 15 and possesses a firearms safety certificate;

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;

(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or

(4) age 12 or under and is accompanied by a parent or guardian.

(b) A resident under age 16 may take small gamenew text begin , other than wolves,new text end by trapping
without a small game license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may trapnew text begin small game, other than wolves,new text end without a
trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or guardian.

(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.

(d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.

Sec. 4.

Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:


Subd. 3.

Lifetime small game hunting license; fee.

(a) A resident lifetime small
game hunting license authorizes a person to hunt and trap small gamenew text begin , other than wolves,new text end
in the state. The license authorizes those hunting and trapping activities authorized by the
annual resident small game hunting deleted text begin and trapping licensesdeleted text end new text begin license and the trapping license
for fur-bearing animals other than wolves
new text end . The license does not include a turkey stamp
validation or any other hunting stamps required by law.

(b) The fees for a resident lifetime small game hunting license are:

(1) age 3 and under, $217;

(2) age 4 to age 15, $290;

(3) age 16 to age 50, $363; and

(4) age 51 and over, $213.

Sec. 5.

Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:


Subd. 5.

Lifetime sporting license; fee.

(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small gamenew text begin , other than
wolves,
new text end in the state. The license authorizes those activities authorized by the annual
resident anglingdeleted text begin ,deleted text end new text begin andnew text end resident small game huntingdeleted text begin ,deleted text end new text begin licensesnew text end andnew text begin thenew text end resident trapping
deleted text begin licensesdeleted text end new text begin license for fur-bearing animals other than wolvesnew text end . The license does not include a
trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
or any other hunting stamps required by law.

(b) The fees for a resident lifetime sporting license are:

(1) age 3 and under, $357;

(2) age 4 to age 15, $480;

(3) age 16 to age 50, $613; and

(4) age 51 and over, $413.

Sec. 6.

Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:


Subd. 5a.

Lifetime sporting with spearing option license; fee.

(a) A resident
lifetime sporting with spearing option license authorizes a person to take fish by angling
or spearing and hunt and trap small gamenew text begin , other than wolves,new text end in the state. The license
authorizes those activities authorized by the annual resident angling, spearing,new text begin andnew text end resident
small game huntingdeleted text begin , and resident trappingdeleted text end licensesnew text begin and the resident trapping license for
fur-bearing animals other than wolves
new text end . The license does not include a trout and salmon
stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
hunting stamps required by law.

(b) The fees for a resident lifetime sporting with spearing option license are:

(1) age 3 and under, $615;

(2) age 4 to age 15, $800;

(3) age 16 to age 50, $985; and

(4) age 51 and over, $586.

Sec. 7.

Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:


Subd. 2.

Resident hunting.

Fees for the following licenses, to be issued to residents
only, are:

(1) for persons age 18 or over and under age 65 to take small game, $12.50;

(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;

(3) for persons age 18 or over to take turkey, $23;

(4) for persons under age 18 to take turkey, $12;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $26;

(6) for persons age 18 or over to take deer by archery, $26;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;

(8) to take moose, for a party of not more than six persons, $310;

(9) to take bear, $38;

(10) to take elk, for a party of not more than two persons, $250;

(11) to take Canada geese during a special season, $4;

(12) to take prairie chickens, $20;

(13) for persons under age 18 to take deer with firearms during the regular firearms
season, $13;

(14) for persons under age 18 to take deer by archery, $13; deleted text begin and
deleted text end

(15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
season, $13new text begin ; and
new text end

new text begin (16) to take wolf, $30new text end .

Sec. 8.

Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:


Subd. 3.

Nonresident hunting.

(a) Fees for the following licenses, to be issued
to nonresidents, are:

(1) for persons age 18 or over to take small game, $73;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $135;

(3) for persons age 18 or over to take deer by archery, $135;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;

(5) to take bear, $195;

(6) for persons age 18 and older to take turkey, $78;

(7) for persons under age 18 to take turkey, $12;

(8) to take raccoon or bobcat, $155;

(9) to take Canada geese during a special season, $4;

(10) for persons under age 18 to take deer with firearms during the regular firearms
season in any open season option or time period, $13;

(11) for persons under age 18 to take deer by archery, $13; deleted text begin and
deleted text end

(12) for persons under age 18 to take deer during the muzzleloader season, $13new text begin ; and
new text end

new text begin (13) to take wolf, $230new text end .

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
surcharge.

Sec. 9.

Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:


Subd. 20.

Trapping deleted text begin licensedeleted text end new text begin licensesnew text end .

new text begin (a) new text end The fee for a license to trap fur-bearing
animalsnew text begin , other than wolves,new text end is:

(1) for residents over age 13 and under age 18, $6;

(2) for residents age 18 or over and under age 65, $20;

(3) for residents age 65 or over, $10; and

(4) for nonresidents, $73.

new text begin (b) The fee for a license to trap wolves is $30, to be issued to residents only.
new text end

Sec. 10.

Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:


Subdivision 1.

Firearms and ammunition that may be used to take big gamenew text begin
and wolves
new text end .

A person may take big gamenew text begin and wolvesnew text end with a firearm only if:

(1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
centerfire ignition;

(2) the firearm is loaded only with single projectile ammunition;

(3) a projectile used is a caliber of at least .22 inches and has a soft point or is
an expanding bullet type;

(4) the muzzleloader used is incapable of being loaded at the breech;

(5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and

(6) the rifled muzzleloader used is a caliber of at least .40 inches.

Sec. 11.

Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:


Subd. 2.

Handguns for small game.

A person may take small game with a handgun
of any caliber in a manner prescribed by the commissionernew text begin , except that wolves may only
be taken by hunting with the calibers specified in subdivision 1
new text end .

Sec. 12.

Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:


Subd. 1a.

Minimum draw weight.

A bow used to take big game deleted text begin ordeleted text end new text begin ,new text end turkeynew text begin , or
wolves
new text end must have a pull that meets or exceeds 30 pounds at or before full draw.

Sec. 13.

Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:


97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.

(a) A person may not take protected wild animals, except raccoon and fox, with
a firearm between the evening and morning times established by commissioner's rule,
except as provided in this section.

(b) Big gamenew text begin and wolvesnew text end may be taken from one-half hour before sunrise until
one-half hour after sunset.

(c) Except as otherwise prescribed by the commissioner on or before the Saturday
nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
during the entire season prescribed by the commissioner.

Sec. 14.

Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:


Subd. 3a.

Nonresidents; trapping small game.

A nonresident may take small
gamenew text begin , except wolves,new text end by trapping only on land owned by the nonresident, if the
nonresident possesses a trapping licensenew text begin for fur-bearing animals other than wolvesnew text end and a
small game license.

Sec. 15.

Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:


Subd. 4.

Exception to license requirements.

(a) A resident under age 16 may take
small gamenew text begin , other than wolves,new text end without a small game license, and a resident under age
13 may trapnew text begin small game and fur-bearing animals, other than wolves,new text end without a trapping
license, as provided in section 97A.451, subdivision 3.

(b) A person may take small gamenew text begin , other than wolves,new text end without a small game license
on land occupied by the person as a principal residence.

(c) An owner or occupant may take certain small game causing damage without a
small game or trapping license as provided in section 97B.655.

(d) A person may use dogs to pursue and tree raccoons under section 97B.621,
subdivision 2
, during the closed season without a license.

(e) A person may take a new text begin wolf, new text end turkeynew text begin ,new text end or deleted text begin adeleted text end prairie chicken without a small game
license.

Sec. 16.

Minnesota Statutes 2010, section 97B.603, is amended to read:


97B.603 TAKING SMALL GAME AS A PARTY.

new text begin (a) new text end While two or more persons are taking small game as a party and maintaining
unaided visual and vocal contact, a member of the party may take and possess more than
one limit of small game, but the total number of small game taken and possessed by
the party may not exceed the limit of the number of persons in the party that may take
and possess small game.

new text begin (b) new text end This section does not apply to deleted text begin thedeleted text end hunting deleted text begin ofdeleted text end new text begin wolves,new text end migratory game birdsnew text begin ,new text end or
turkeys, except that a licensed turkey hunter may assist another licensed turkey hunternew text begin and
a licensed wolf hunter may assist another licensed wolf hunter
new text end for the same zone and time
period as long as the hunter does not shoot or tag a turkeynew text begin or wolfnew text end for the other hunter.

Sec. 17.

Minnesota Statutes 2010, section 97B.605, is amended to read:


97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
SMALL GAME ANIMALS.

The commissioner may prescribe restrictions on and designate areas where gray and
fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
fox, fisher, pine marten, opossum,new text begin wolves,new text end and badger may be taken and possessed.

Sec. 18.

Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
amended to read:


Subd. 9.

Open season.

There shall be no open season for deleted text begin graydeleted text end wolves until after the
deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of 1973. After that time,
the commissioner may prescribe open seasons and restrictions for taking deleted text begin graydeleted text end wolves but
must provide opportunity for public comment.

Sec. 19.

new text begin [97B.647] TAKING WOLVES.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin Except as provided under section 97B.645 or
97B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
new text end

new text begin Subd. 2. new text end

new text begin Open seasons. new text end

new text begin Wolves may be taken with legal firearms, with bow and
arrow, and by trapping. The commissioner may by rule prescribe the open seasons for
wolves.
new text end

new text begin Subd. 3. new text end

new text begin Open areas. new text end

new text begin The commissioner may by rule designate areas where wolves
may be taken.
new text end

new text begin Subd. 4. new text end

new text begin Daily and possession limits. new text end

new text begin The commissioner may establish by rule
the daily and possession limits for wolves.
new text end

new text begin Subd. 5. new text end

new text begin Limit on number of hunters and trappers. new text end

new text begin The commissioner may by
rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
to prevent an overharvest or improve the distribution of hunters and trappers. The
commissioner shall establish a method, including a drawing, to impartially select the
hunters and trappers for an area.
new text end

new text begin Subd. 6. new text end

new text begin Application for license. new text end

new text begin An application for a wolf hunting or trapping
license must be made in a manner provided by the commissioner and accompanied by a
$4 application fee. The $4 application fee is appropriated according to section 84.027,
subdivision 15, paragraph (c), to pay for costs associated with conducting the wolf license
drawing and wolf management. A person may not make more than one application
for each season as prescribed by the commissioner. If a person makes more than one
application, the person is ineligible for a license for that season after determination by the
commissioner, without a hearing.
new text end

new text begin Subd. 7. new text end

new text begin Quotas. new text end

new text begin The commissioner may by rule set an annual quota for the
number of wolves that can be taken by hunting and trapping. The commissioner may
establish a method to monitor harvest and close the season when the quota is reached. The
commissioner shall reserve a portion of the annual quota for the trapping season.
new text end

Sec. 20.

Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:


Subd. 4.

deleted text begin Graydeleted text end Wolf control.

(a) The commissioner shall provide a deleted text begin graydeleted text end wolf control
training program for certified predator controllers participating in deleted text begin graydeleted text end wolf control.

(b) After the deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of
1973, in zone B, as defined under section 97B.645, subdivision 12, if the commissioner,
after considering recommendations from an extension agent or conservation officer, has
verified that livestock, domestic animals, or pets were destroyed by a deleted text begin graydeleted text end wolf within the
previous five years, and if the livestock, domestic animal, or pet owner requests deleted text begin graydeleted text end wolf
control, the commissioner shall open a predator control area for deleted text begin graydeleted text end wolves.

(c) After the deleted text begin graydeleted text end wolf is delisted under the federal Endangered Species Act of
1973, in zone A, as defined under paragraph (g), if the commissioner, after considering
recommendations from an extension agent or conservation officer, verifies that livestock,
domestic animals, or pets were destroyed by a deleted text begin graydeleted text end wolf, and if the livestock, domestic
animal, or pet owner requests deleted text begin graydeleted text end wolf control, the commissioner shall open a predator
control area for deleted text begin graydeleted text end wolves for up to 60 days.

(d) A predator control area opened for deleted text begin graydeleted text end wolves may not exceed a one-mile
radius surrounding the damage site.

(e) The commissioner shall pay a certified deleted text begin graydeleted text end wolf predator controller deleted text begin $150deleted text end new text begin the
amount the commissioner determines by written order published in the State Register
new text end for
each wolf taken. The certified deleted text begin graydeleted text end wolf predator controller must dispose of unsalvageable
remains as directed by the commissioner. All salvageable deleted text begin graydeleted text end wolf remains must be
surrendered to the commissioner.new text begin The fees are not subject to the rulemaking provisions of
chapter 14, and section 14.386 does not apply.
new text end

(f) The commissioner may, in consultation with the commissioner of agriculture,
develop a cooperative agreement for deleted text begin graydeleted text end wolf control activities with the United States
Department of Agriculture. The cooperative agreement activities may include, but not be
limited to, deleted text begin graydeleted text end wolf control, training for state predator controllers, and control monitoring
and record keeping.

(g) For the purposes of this subdivision, "zone A" means that portion of the state
lying outside of zone B, as defined under section 97B.645, subdivision 12.

Sec. 21.

Minnesota Statutes 2010, section 97B.901, is amended to read:


97B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.

(a) The commissioner may, by rule, require persons taking, possessing, and
transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
the manner of issuance and the type of tag, which must show the year of issuance. The
commissioner shall issue the tag, without a fee, upon request.

(b) The pelt of each bobcat, fisher, pine marten, deleted text begin anddeleted text end otternew text begin , and wolfnew text end must be
presented, by the person taking it, to a state wildlife manager designee for registration
before the pelt is sold and before the pelt is transported out of the state, but in no event
more than 48 hours after the season closes for the species.

new text begin (c) The whole carcass of each wolf, with the pelt removed, must be presented by the
person taking it to a state wildlife manager designee for registration before the pelt is sold
and before the pelt is transported out of the state, but in no event more than 48 hours after
the season closes. The commissioner may require that the entire carcass or samples from
the carcass be surrendered to the state wildlife manager designee.
new text end

Sec. 22. new text begin RULEMAKING; RESTITUTION VALUE FOR WOLVES.
new text end

new text begin (a) The commissioner of natural resources shall amend the restitution value for
gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
"gray wolves" to "wolves."
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 23. new text begin RULEMAKING; USE OF SNARES.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6234.0100, to include a subpart that prohibits the use of carcasses of domestic animals for
taking wolves on public lands.
new text end

new text begin (b) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 5, to provide that when taking wolves, snares may not be set in trails.
new text end

new text begin (c) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 7, to provide that a snare set by a licensed wolf trapper to take a
wolf may not be set so that the bottom of the loop is more than 18 inches above the first
surface beneath the bottom of the set snare loop, and the top height in that subpart does
not apply to snares set for wolves.
new text end

new text begin (d) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 8, to provide that during the wolf season, licensed wolf trappers may
use snares, provided:
new text end

new text begin (1) the diameter of a snare loop does not exceed 16 inches when fully open; and
new text end

new text begin (2) the cable includes stops affixed to the cable to ensure that the portion of the cable
that makes up the noose loop may not be less than six inches when fully closed.
new text end

new text begin (e) The commissioner of natural resources shall amend Minnesota Rules, part
6234.2400, subpart 9, to provide that during the wolf season, licensed wolf trappers must
use snare cable at least 7/64 inches in diameter.
new text end

new text begin (f) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
section 14.388.
new text end

Sec. 24. new text begin 2012 AND 2013 WOLF SEASONS.
new text end

new text begin The commissioner of natural resources shall establish the first firearms wolf hunting
season to open no later than the first day of the 2012 firearms deer hunting season. The
commissioner shall establish the first wolf trapping season to begin January 1, 2013.
new text end

Sec. 25. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "gray wolf" or "gray wolves" wherever
the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or "wolves."
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 97A.331, subdivision 7; and 97B.645, subdivision
2,
new text end new text begin are repealed.
new text end