SF 2062

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2023 08:38am

A bill for an act
relating to game and fish; prohibiting open season for taking wolves; increasing
criminal penalties; amending Minnesota Statutes 2022, sections 84.027, subdivision
20; 97A.075, subdivision 7; 97A.451, subdivision 3; 97A.473, subdivisions 3, 5,
5a; 97A.475, subdivisions 2, 3, 20; 97A.485, subdivision 6; 97B.031, subdivisions
1, 2; 97B.035, subdivision 1a; 97B.075; 97B.601, subdivisions 3a, 4; 97B.603;
97B.605; 97B.645, subdivision 9; 97B.648; 97B.901; repealing Minnesota Statutes
2022, section 97B.647.

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

Section 1.

Minnesota Statutes 2022, section 84.027, subdivision 20, is amended to read:

Subd. 20.

Hunting licenses to critically ill persons.

The commissioner may allow
critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by
a lottery drawing, which licenses allow for taking game within established hunting seasons
or season frameworks. The commissioner may provide the licenses to persons who are
participating in a program for critically ill hunters sponsored by a nonprofit organization
with expertise in providing hunting opportunities to hunters who are gravely ill or have
physical disabilities. The commissioner may provide licenses or permits otherwise limited
by drawings, including wild turkey, deer, bear, new text begin and new text end prairie chicken deleted text begin , and wolf deleted text end . The
commissioner may not allow the purchase of moose and elk licenses under this subdivision.
Deer licenses authorized by the commissioner under this subdivision may be for deer of
either sex.

Sec. 2.

Minnesota Statutes 2022, section 97A.075, subdivision 7, is amended to read:

Subd. 7.

Wolf deleted text begin licenses; deleted text end new text begin management and monitoring new text end account established.

deleted text begin (a) For
purposes of this subdivision, "wolf license" means a license or permit issued under section
97A.475, subdivision 2, clause (22); 3, paragraph (a), clause (18); or 20, paragraph (b).
deleted text end

deleted text begin (b) deleted text end A wolf management and monitoring account is created in the game and fish fund.
deleted text begin Revenue from wolf licenses must be credited to deleted text end new text begin Money in new text end the wolf management and
monitoring account deleted text begin and deleted text end is appropriated to the commissioner only for wolf management,
research, damage control, enforcement, and education. Notwithstanding any other law to
the contrary, money credited to the account may not be used to pay indirect costs or agency
shared services.

Sec. 3.

Minnesota Statutes 2022, section 97A.451, subdivision 3, is amended to read:

Subd. 3.

Residents and nonresidents under age 16; small game.

(a) A resident or
nonresident under age 16 may not obtain a small-game license but may take small game by
firearms or bow and arrow without a license if the resident or nonresident 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, and possesses an apprentice-hunter validation as provided under
section 97B.022; or

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

(b) A resident under age 16 may take small game deleted text begin , other than wolves, deleted 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 trap small game deleted text begin , other than wolves, deleted 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 or nonresident under age 13 must obtain a free turkey license to take
turkey and may take a turkey without a firearms safety certificate if the resident or
nonresident is accompanied by an adult parent or guardian who has a firearms safety
certificate.

(d) A resident under age 13 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 2022, 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 game deleted text begin , other than
wolves, deleted text end in the state. The license authorizes those hunting and trapping activities authorized
by the annual resident small-game-hunting license and the trapping license for fur-bearing
animals deleted text begin other than wolves deleted 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, $223;

(2) age 4 to age 15, $301;

(3) age 16 to age 50, $430; and

(4) age 51 and over, $274.

Sec. 5.

Minnesota Statutes 2022, 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 game deleted text begin , other than wolves, deleted text end in the
state. The license authorizes those activities authorized by the annual resident angling and
resident small-game-hunting licenses and the resident trapping license for fur-bearing
animals deleted text begin other than wolves deleted 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, $522;

(2) age 4 to age 15, $710;

(3) age 16 to age 50, $927; and

(4) age 51 and over, $603.

Sec. 6.

Minnesota Statutes 2022, 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 game deleted text begin , other than wolves, deleted text end in the state. The license authorizes those
activities authorized by the annual resident angling, spearing, and resident
small-game-hunting licenses and the resident trapping license deleted text begin for fur-bearing animals other
than wolves deleted 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, $612;

(2) age 4 to age 15, $833;

(3) age 16 to age 50, $1,046; and

(4) age 51 and over, $666.

Sec. 7.

Minnesota Statutes 2022, 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, $15.50;

(2) for persons age 65 or over, $7 to take small game;

(3) for persons age 18 or over to take turkey, $26;

(4) for persons age 13 or over and under age 18 to take turkey, $5;

(5) for persons age 18 or over to take deer with firearms during the regular firearms
season, $34;

(6) for persons age 18 or over to take deer by archery, $34;

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $34;

(8) to take moose, for a party of not more than six persons, $356;

(9) for persons age 18 or over to take bear, $44;

(10) to take elk, for a party of not more than two persons, $287;

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

(12) to take light geese during the light goose conservation order, $2.50;

(13) to take sandhill crane during the sandhill crane season, $3;

(14) to take prairie chickens, $23;

(15) for persons age 13 or over and under age 18 to take deer with firearms during the
regular firearms season, $5;

(16) for persons age 13 or over and under age 18 to take deer by archery, $5;

(17) for persons age 13 or over and under age 18 to take deer by muzzleloader during
the muzzleloader season, $5;

(18) for persons age 10, 11, or 12 to take bear, no fee;

(19) for persons age 13 or over and under age 18 to take bear, $5;

(20) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $19, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small-game surcharge under subdivision 4, shall be deposited in the wildlife acquisition
account;

(21) for persons age 16 or over and under age 18 to take small game, $5;

deleted text begin (22) to take wolf, $30;
deleted text end

deleted text begin (23) deleted text end new text begin (22) new text end for persons age 12 and under to take turkey, no fee;

deleted text begin (24) deleted text end new text begin (23) new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;

deleted text begin (25) deleted text end new text begin (24) new text end for persons age 10, 11, or 12 to take deer by archery, no fee; and

deleted text begin (26) deleted text end new text begin (25) new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee.

Sec. 8.

Minnesota Statutes 2022, 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, $90.50;

(2) for persons age 18 or over to take deer with firearms during the regular firearms
season, $180;

(3) for persons age 18 or over to take deer by archery, $180;

(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $180;

(5) for persons age 18 or over to take bear, $225;

(6) for persons age 18 or over to take turkey, $91;

(7) for persons age 13 or over and under age 18 to take turkey, $5;

(8) to take raccoon or bobcat, $178;

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

(10) to take light geese during the light goose conservation order, $2.50;

(11) to take sandhill crane during the sandhill crane season, $3;

(12) for persons age 13 or over and under age 18 to take deer with firearms during the
regular firearms season in any open season option or time period, $5;

(13) for persons age 13 or over and under age 18 to take deer by archery, $5;

(14) for persons age 13 or over and under age 18 to take deer during the muzzleloader
season, $5;

(15) for persons age 13 or over and under 18 to take bear, $5;

(16) for persons age 18 or over to take small game for a consecutive 72-hour period
selected by the licensee, $75, of which an amount equal to one-half of the fee for the
migratory-waterfowl stamp under subdivision 5, clause (1), shall be deposited in the
waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the
pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small-game surcharge under subdivision 4, shall be deposited into the wildlife
acquisition account;

(17) for persons age 16 or 17 to take small game, $5;

deleted text begin (18) to take wolf, $250;
deleted text end

deleted text begin (19) deleted text end new text begin (18) new text end for persons age 12 and under to take turkey, no fee;

deleted text begin (20) deleted text end new text begin (19) new text end for persons age 10, 11, or 12 to take deer by firearm, no fee;

deleted text begin (21) deleted text end new text begin (20) new text end for persons age 10, 11, or 12 to take deer by archery, no fee;

deleted text begin (22) deleted text end new text begin (21) new text end for persons age 10, 11, or 12 to take deer by muzzleloader during the
muzzleloader season, no fee; and

deleted text begin (23) deleted text end new text begin (22) new text end for persons age 10, 11, or 12 to take bear, no fee.

(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph
(a), clauses (1) to (6) and (8). An additional commission may not be assessed on this
surcharge.

Sec. 9.

Minnesota Statutes 2022, section 97A.475, subdivision 20, is amended to read:

Subd. 20.

Trapping licenses.

deleted text begin (a) deleted text end The fee for a license to trap fur-bearing animals deleted text begin , other
than wolves, deleted text end 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.

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

Sec. 10.

Minnesota Statutes 2022, section 97A.485, subdivision 6, is amended to read:

Subd. 6.

Licenses to be sold and issuing fees.

(a) Persons authorized to sell licenses
under this section must issue the following licenses for the license fee and the following
issuing fees:

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

(2) Minnesota sporting, the issuing fee is $1;

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;

(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires
a license purchase at the time of application and the license purchase requires an application
fee;

(5) for a prairie-chicken license, the issuing fee is $1;

(6) for a turkey license, the issuing fee is $1;

(7) for an elk license, the issuing fee is $1;

(8) for a moose license, the issuing fee is $1;

deleted text begin (9) for a wolf license, the issuing fee is $1;
deleted text end

deleted text begin (10) deleted text end new text begin (9) new text end for a stamp validation that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;

deleted text begin (11) deleted text end new text begin (10) new text end for stamp validations issued simultaneously with a license, there is no fee;

deleted text begin (12) deleted text end new text begin (11) new text end for licenses, seals, tags, or coupons issued without a fee under section 97A.441,
subdivisions 1 to 6a, or 97A.465, there is no fee;

deleted text begin (13) deleted text end new text begin (12) new text end for lifetime licenses, there is no fee; and

deleted text begin (14) deleted text end new text begin (13) new text end for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of the
authorized seller.

(b) Only one issuing fee may be collected when selling more than one stamp in the same
transaction after the end of the season for which the stamp was issued.

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.

(e) A license, except stamps, must state the amount of the issuing fee and that the issuing
fee is kept by the seller as a commission for selling the licenses.

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

(1) for licenses to take big game, 75 cents; and

(2) for other licenses, 50 cents.

(g) The commissioner may issue one-day angling licenses in books of ten licenses each
to fishing guides operating charter boats upon receipt of payment of all license fees, excluding
the issuing fee required under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The commissioner shall refund the charter boat captain for
the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the
commissioner for one year.

Sec. 11.

Minnesota Statutes 2022, section 97B.031, subdivision 1, is amended to read:

Subdivision 1.

Permissible firearms and ammunition; big game deleted text begin and wolves deleted text end .

A person
may take big game deleted text begin and wolves deleted 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. 12.

Minnesota Statutes 2022, 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 commissioner deleted text begin , except that wolves may only be
taken by hunting with the calibers specified in subdivision 1 deleted text end .

Sec. 13.

Minnesota Statutes 2022, section 97B.035, subdivision 1a, is amended to read:

Subd. 1a.

Minimum draw weight.

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

Sec. 14.

Minnesota Statutes 2022, 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 game deleted text begin and wolves deleted 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. 15.

Minnesota Statutes 2022, section 97B.601, subdivision 3a, is amended to read:

Subd. 3a.

Nonresidents; trapping small game.

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

Sec. 16.

Minnesota Statutes 2022, section 97B.601, subdivision 4, is amended to read:

Subd. 4.

Exception to license requirements.

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

(b) A person may take small game deleted text begin , other than wolves, deleted 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 deleted text begin wolf, deleted text end turkey deleted text begin , deleted text end or prairie chicken without a small-game license.

Sec. 17.

Minnesota Statutes 2022, section 97B.603, is amended to read:

97B.603 TAKING SMALL GAME BY PARTY.

(a) 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.

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

Sec. 18.

Minnesota Statutes 2022, section 97B.605, is amended to read:

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

The commissioner may by rule set open seasons for, prescribe limits and restrictions
on, and designate areas where small game as defined in section 97A.015 new text begin , excluding wolves, new text end
may be taken and possessed.

Sec. 19.

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

Subd. 9.

new text begin No new text end open season.

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

Sec. 20.

Minnesota Statutes 2022, section 97B.648, is amended to read:

97B.648 WOLVES; UNLAWFUL TAKING; PENALTY.

A person who unlawfully takes, transports, or possesses a wolf in violation of the game
and fish laws deleted text begin , and has one or more prior convictions involving the taking of wolves deleted text end new text begin is guilty
of a gross misdemeanor and, in addition to the penalties prescribed in section 97A.301,
subdivision 2 new text end , is liable for a civil penalty equal to the restitution value for the wolf.

Sec. 21.

Minnesota Statutes 2022, section 97B.901, is amended to read:

97B.901 REGISTRATION AND TAGGING 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, new text begin and new text end otter deleted text begin , and wolf deleted 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.

deleted 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.
deleted text end

Sec. 22. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must correct cross-references wherever they occur in statute
consistent with the renumbering in this act.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 97B.647, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-03300

97B.647 TAKING WOLVES.

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.

Subd. 2.

Open seasons.

Wolves may be taken with legal firearms, 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.

Subd. 3.

Open areas.

The commissioner may by rule designate areas where wolves may be taken.

Subd. 4.

Daily and possession limits.

The commissioner may establish by rule the daily and possession limits for wolves.

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.

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.

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.