SF 1823

as introduced - 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 wolf 
  1.3             management; providing for wolf hunting and trapping to 
  1.4             meet goals established in the wolf management plan; 
  1.5             providing criminal penalties; amending Minnesota 
  1.6             Statutes 1998, sections 97A.331, by adding a 
  1.7             subdivision; and 97B.645; proposing coding for new law 
  1.8             in Minnesota Statutes, chapter 97B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 97A.331, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 7.  [GRAY WOLF.] (a) A person who takes, harasses, 
  1.13  destroys, buys, sells, possesses, transports, or ships a gray 
  1.14  wolf in violation of the game and fish laws is guilty of a gross 
  1.15  misdemeanor. 
  1.16     (b) The restitution value for a gray wolf under section 
  1.17  97A.345 is $2,000. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 97B.645, is 
  1.19  amended to read: 
  1.20     97B.645 [GRAY WOLVES; PROTECTION OF HUMAN LIFE AND 
  1.21  PROPERTY.] 
  1.22     Subdivision 1.  [USE OF DOGS AND HORSES PROHIBITED; USE OF 
  1.23  GUARD ANIMALS.] A person may not use a dog or horse to take 
  1.24  a timber gray wolf.  A person may use a guard animal to harass, 
  1.25  repel, or destroy wolves only as allowed under subdivisions 3 to 
  1.26  6. 
  1.27     Subd. 2.  [PERMIT REQUIRED TO SNARE.] A person may not use 
  2.1   a snare to take a wolf except under a permit from the 
  2.2   commissioner. 
  2.3      Subd. 3.  [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN 
  2.4   LIFE.] A person may, at any time and without a permit, take a 
  2.5   gray wolf in defense of the person's own life or the life of 
  2.6   another.  A person who destroys a gray wolf under this 
  2.7   subdivision must protect all evidence and report the taking to a 
  2.8   conservation officer within 24 hours after the gray wolf is 
  2.9   killed. 
  2.10     Subd. 4.  [HARASSMENT OF GRAY WOLVES.] To discourage gray 
  2.11  wolves from contact or association with people and domestic 
  2.12  animals, a person may, at any time and without a permit, harass 
  2.13  a gray wolf that is within 500 yards of people, buildings, dogs, 
  2.14  livestock, or other domestic animals.  A gray wolf may not be 
  2.15  purposely attracted, tracked, or searched out for the purpose of 
  2.16  harassment.  Harassment methods that cause physical injury to a 
  2.17  gray wolf are prohibited.  
  2.18     Subd. 5.  [DESTROYING GRAY WOLVES THREATENING LIVESTOCK OR 
  2.19  GUARD ANIMALS.] An owner of livestock and guard animals, and the 
  2.20  owner's agents, may, at any time and without a permit, shoot a 
  2.21  gray wolf when the gray wolf is posing a threat to livestock or 
  2.22  a guard animal on property owned, leased, or occupied by the 
  2.23  owner.  A person who destroys a gray wolf under this subdivision 
  2.24  must protect all evidence and report the taking to a 
  2.25  conservation officer within 24 hours after the gray wolf is 
  2.26  killed. 
  2.27     Subd. 6.  [DESTROYING GRAY WOLVES THREATENING PETS.] An 
  2.28  owner of a pet may, at any time and without a permit, shoot a 
  2.29  gray wolf when the gray wolf is posing a threat to a pet under 
  2.30  the controlled supervision of the owner.  A person who destroys 
  2.31  a gray wolf under this subdivision must protect all evidence and 
  2.32  report the taking to a conservation officer within 24 hours 
  2.33  after the gray wolf is killed. 
  2.34     Subd. 7.  [INVESTIGATION OF REPORTED GRAY WOLF 
  2.35  TAKINGS.] (a) In response to a reported gray wolf taking under 
  2.36  subdivision 3, 5, or 6, the commissioner shall: 
  3.1      (1) investigate the reported taking; 
  3.2      (2) collect written and photographic documentation of the 
  3.3   circumstances and site of the taking; 
  3.4      (3) confiscate the remains of the gray wolf killed; and 
  3.5      (4) dispose of any salvageable gray wolf pelt confiscated 
  3.6   under this subdivision by sale or donation for educational 
  3.7   purposes. 
  3.8      (b) The commissioner shall produce monthly reports of 
  3.9   activities under this subdivision. 
  3.10     (c) In response to a verified gray wolf taking under 
  3.11  subdivision 5, section 3.737 applies with regard to 
  3.12  investigation, documentation of animal husbandry practices, and 
  3.13  any claim that may arise for compensation. 
  3.14     Subd. 8.  [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY 
  3.15  WOLVES.] A person may not release wolf-dog hybrids or captive 
  3.16  gray wolves without a permit from the commissioner. 
  3.17     Subd. 9.  [FEDERAL LAW.] Notwithstanding the provisions of 
  3.18  this section, a person may not take, harass, buy, sell, possess, 
  3.19  transport, or ship gray wolves in violation of federal law. 
  3.20     Subd. 10.  [DEFINITIONS.] (a) For purposes of this section, 
  3.21  the terms used have the meanings given. 
  3.22     (b) "Guard animal" means a donkey, llama, dog, or other 
  3.23  domestic animal specifically bred, trained, and used to protect 
  3.24  livestock from gray wolf depredation. 
  3.25     (c) "Threat" means observing a gray wolf in the act of 
  3.26  stalking, pursuing, or attacking livestock, a guard animal, or a 
  3.27  dog under the supervised control of the owner.  A wolf that 
  3.28  returns to feed on the carcass of agricultural livestock or a 
  3.29  domestic pet previously killed by the wolf or other wolves 
  3.30  continues to meet the definition of threat.  Baiting with a 
  3.31  carcass other than the carcass of an animal killed by the wolf 
  3.32  or other wolves is prohibited. 
  3.33     (d) "Stalking" by a gray wolf means aggressive actions, 
  3.34  motions, or behavior by the gray wolf that can reasonably be 
  3.35  interpreted by an observer as directly threatening, imperiling, 
  3.36  endangering, or menacing the life or safety of a person, a dog, 
  4.1   livestock, or other animal. 
  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 includes a goal of no more than the number of gray 
  4.6   wolves provided for in the federal wolf recovery plan for 
  4.7   Minnesota and manages the wolf population in a manner intended 
  4.8   to minimize conflicts between humans and gray wolves and the 
  4.9   depredation of livestock and domestic pets.  The commissioner 
  4.10  shall provide for control through the establishment of hunting 
  4.11  and trapping seasons under section 97B.647 or the use of control 
  4.12  measures under section 97B.671. 
  4.13     Sec. 4.  [97B.647] [GRAY WOLF SEASON AND RESTRICTIONS.] 
  4.14     The commissioner may prescribe the open season and the 
  4.15  areas and restrictions for the taking of gray wolves in areas of 
  4.16  the state to meet goals established in the wolf management plan 
  4.17  developed in section 97B.646.  A wolf taken by trapping or 
  4.18  hunting must be properly tagged and registered with the 
  4.19  commissioner within 48 hours of taking. 
  4.20     Sec. 5.  [REPORT TO THE 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. 6.  [REVISORS 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. 7.  [EFFECTIVE DATE.] 
  4.32     Sections 3 and 5 are effective the day following final 
  4.33  enactment.