HF 3196

as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:15pm

A bill for an act
relating to game and fish; prohibiting trapping of wolves; increasing the penalty
for violations related to wolves; prohibiting baiting wolves; prohibiting the use
of snares to take wild animals; amending Minnesota Statutes 2012, sections
97A.075, subdivision 7; 97A.331, subdivision 6; 97A.475, subdivision 20;
97B.085, subdivision 3; 97B.647, subdivisions 1, 2, 5, 6, 7, by adding a
subdivision; 97B.928, subdivision 1; 97B.951; proposing coding for new law in
Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2012, sections
97B.421; 97B.625, subdivision 2; 97B.631, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 97A.075, subdivision 7, is amended to read:

Subd. 7.

Wolf licenses; account established.

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

(b) A wolf management and monitoring account is created in the game and fish fund.
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.

Sec. 2.

Minnesota Statutes 2012, section 97A.331, subdivision 6, is amended to read:

Subd. 6.

Pine marten; otter; fisher; wolf; wolverine.

A person that takes,
transports, or possesses pine marten, otter, fisher, wolf, or wolverine in violation of the
game and fish laws is guilty of a gross misdemeanor.

Sec. 3.

Minnesota Statutes 2012, section 97A.475, subdivision 20, is amended to read:

Subd. 20.

Trapping licenses.

(a) The fee for a license to trap fur-bearing animals,
other than wolves, is:

(1) for residents over age 13 and under age 18, $5;

(2) for residents age 18 or over and under age 65, $23;

(3) for residents age 65 or over, $11.50; and

(4) for nonresidents, $84.

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

Sec. 4.

Minnesota Statutes 2012, section 97B.085, subdivision 3, is amended to read:

Subd. 3.

Communication excepted.

This section does not prohibit the use of:

(1) radio communication between a handler and a dog;

(2) a remote-controlled animal noise caller for taking crows, fur-bearing animals,
other than wolves, and unprotected animals; or

(3) a remote-controlled motorized decoy used for taking migratory waterfowl under
section 97B.811, subdivision 4a, or for taking mourning doves.

Sec. 5.

Minnesota Statutes 2012, section 97B.647, subdivision 1, is amended to read:

Subdivision 1.

License required.

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.

Sec. 6.

Minnesota Statutes 2012, section 97B.647, subdivision 2, is amended to read:

Subd. 2.

Open seasons.

Wolves may be taken with legal firearms, and with bow and
arrow, and by trapping. The open season to take wolves with firearms begins each year on
the same day as the opening of the firearms deer hunting season. The commissioner may
by rule prescribe the open seasons for wolves according to this subdivision.

Sec. 7.

Minnesota Statutes 2012, section 97B.647, subdivision 5, is amended to read:

Subd. 5.

Limit on number of hunters and trappers.

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.

Sec. 8.

Minnesota Statutes 2012, section 97B.647, subdivision 6, is amended to read:

Subd. 6.

Application for license.

An application for a wolf hunting or wolf trapping
license must be made in a manner provided by the commissioner and accompanied by a
$4 application fee and proof that the applicant holds a current or previous year hunting
license. The $4 application fee shall be credited to the wolf management and monitoring
account and appropriated to the commissioner 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.

Sec. 9.

Minnesota Statutes 2012, section 97B.647, subdivision 7, is amended to read:

Subd. 7.

Quotas.

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.

Sec. 10.

Minnesota Statutes 2012, section 97B.647, is amended by adding a
subdivision to read:

Subd. 8.

Trapping.

Except as authorized by the commissioner for the predator
control program under section 97B.671, a person may not take a wolf with a trap.

Sec. 11.

[97B.648] BAITING WOLVES PROHIBITED.

Subdivision 1.

Hunting wolves with aid of bait prohibited.

A person may not take
a wolf with the aid or use of bait.

Subd. 2.

Removal of bait.

An area is considered baited for ten days after the
complete removal of all bait.

Subd. 3.

Definition.

(a) For purposes of this section, "bait" includes meat, bones,
fat, an animal carcass, or other food that is capable of attracting or enticing wolves and that
has been placed by a person. "Baiting" means placing, exposing, depositing, distributing,
or scattering bait that is capable of attracting or enticing wolves.

(b) Liquid scents, salts, and minerals are not bait if they do not contain liquid
or solid food ingredients.

(c) Agricultural crops or livestock from normal or accepted farming, forest
management, wildlife food plantings, orchard management, or other similar land
management activities are not bait. This exclusion does not apply to agricultural crops or
livestock that have been reintroduced and concentrated where a person is hunting.

Subd. 4.

Exception for bait or feed on adjacent land.

A person otherwise in
compliance with this section who is hunting on private or public property that is adjacent
to property where bait or food is present is not in violation of this section if the person
has not participated in, been involved with, or agreed to baiting or feeding wildlife on the
adjacent property.

Sec. 12.

Minnesota Statutes 2012, section 97B.928, subdivision 1, is amended to read:

Subdivision 1.

Information required.

(a) A person may not set or place a trap or
snare, other than on property owned or occupied by the person, unless the following
information is affixed to the trap or snare in a manner that ensures that the information
remains legible while the trap or snare is on the lands or waters:

(1) the number and state of the person's driver's license;

(2) the person's Minnesota identification card number;

(3) the person's name and mailing address; or

(4) the license identification number issued by the Department of Natural Resources.

(b) The commissioner may not prescribe additional requirements for identification
of traps or snares.

(c) Until March 1, 2013, the driver's license number under paragraph (a), clause (1),
may be the person's previously issued Minnesota driver's license number.

Sec. 13.

Minnesota Statutes 2012, section 97B.951, is amended to read:

97B.951 PROHIBITION ON THE USE OF SNARES TO TAKE
UNPROTECTED MAMMALS WILD ANIMALS.

A snare set for an unprotected mammal may not be left in place after March 31
except as authorized by the commissioner for the predator control program under section
97B.671 A person may not use a snare set to take wild animals.

Sec. 14. REPEALER.

Minnesota Statutes 2012, sections 97B.421; 97B.625, subdivision 2; and 97B.631,
subdivision 2, are repealed.