HF 4551

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 02:29pm

A bill for an act
relating to game and fish; requiring an open season for wolves; prohibiting
government agents from engaging in federal wolf law enforcement; requiring a
report; amending Minnesota Statutes 2022, section 97B.645, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 97B.

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

Section 1.

Minnesota Statutes 2022, section 97B.645, subdivision 9, is amended to read:

Subd. 9.

Open season.

deleted text begin There shall be no deleted text end new text begin (a) The commissioner must prescribe an annual new text end
open season for wolves deleted text begin until after deleted text end new text begin unless new text end the wolf is deleted text begin delisted deleted text end new text begin listed new text end under the federal
Endangered Species Act of 1973. deleted text begin After that time, the commissioner may prescribe open
seasons and restrictions for taking wolves but must provide opportunity for public comment. deleted text end new text begin
The season, restrictions, and any other requirements must be consistent with the goals
identified in the wolf management plan adopted under section 97B.646.
new text end

new text begin (b) The commissioner must annually consult with the commissioner of agriculture and
the United States Department of Agriculture, Animal and Plant Health Inspection Service,
before determining the season, restrictions, and other requirements of the open season
required under this section. The consultation must include a review of available data on
wolf depredation on livestock and pets and other incidents of human conflict.
new text end

Sec. 2.

new text begin [97B.649] FEDERAL WOLF LAW ENFORCEMENT PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Government agent" means an agent or employee of the Department of Natural
Resources, the state of Minnesota, or a local unit of government of the state of Minnesota.
new text end

new text begin (c) "Wolf law enforcement" means all efforts to investigate, arrest, enforce, or assist in
an investigation, arrest, or enforcement under federal laws prohibiting the hunting of wolves.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin Except to the extent required by federal law, a government
agent must not:
new text end

new text begin (1) stop, question, investigate, search, detain, detect, report, prosecute, or arrest a person
for wolf law enforcement purposes;
new text end

new text begin (2) use money, facilities, property, equipment, or personnel of the state or of a local unit
of government for wolf law enforcement purposes;
new text end

new text begin (3) support or assist federal wolf law enforcement operations in any way; or
new text end

new text begin (4) enter into or renew any cooperative agreements under United States Code, title 16,
section 1535, with the United States related to wolves.
new text end

Sec. 3. new text begin WITHDRAWAL FROM COOPERATIVE AGREEMENTS RELATED TO
WOLF LAW ENFORCEMENT.
new text end

new text begin The governor, or other appropriate state official, must immediately take all necessary
steps to withdraw the state from any cooperative agreement under United States Code, title
16, section 1535, or any other statute or rule, that requires government agents to engage in
actions prohibited by Minnesota Statutes, section 97B.649.
new text end

Sec. 4. new text begin REPORT; IMPLEMENTATION OF ACT.
new text end

new text begin By January 1, 2025, the commissioner of natural resources must report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
environment and natural resources policy on the implementation of this act. The report must
include an explanation of steps taken under section 2 and must identify any legal impediments
to implementing Minnesota Statutes, section 97B.649.
new text end