SF 2076

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; establishing a timber 
  1.3             wolf hunting season contingent upon removal of federal 
  1.4             protection; requiring the commissioner of natural 
  1.5             resources to award hunting licenses to certain 
  1.6             livestock owners by a lottery system; allowing holders 
  1.7             of timber wolf licenses to resell the licenses; 
  1.8             providing restrictions and conditions for taking 
  1.9             timber wolves; amending Minnesota Statutes 1996, 
  1.10            sections 97A.535; and 97B.645; Minnesota Statutes 1997 
  1.11            Supplement, section 97A.475, subdivisions 2 and 16; 
  1.12            proposing coding for new law in Minnesota Statutes, 
  1.13            chapters 97A; and 97B. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [97A.430] [TIMBER WOLF LICENSES.] 
  1.16     Subdivision 1.  [DEFINITION.] "Livestock owner" means a 
  1.17  person who raises cattle, sheep, or turkeys in a county 
  1.18  containing timber wolves. 
  1.19     Subd. 2.  [NUMBER OF LICENSES; PARTY SIZE.] If the 
  1.20  commissioner establishes a timber wolf season pursuant to 
  1.21  section 97B.643, the commissioner shall include in a rule 
  1.22  setting the dates for a timber wolf season: 
  1.23     (1) the number of licenses to be issued; and 
  1.24     (2) the size of a timber wolf hunting party, not to exceed 
  1.25  four persons. 
  1.26     Subd. 3.  [ELIGIBILITY; LIVESTOCK OWNER LICENSE.] Persons 
  1.27  eligible for a timber wolf license shall be determined under 
  1.28  this section and commissioner's rule.  A person may apply for a 
  1.29  livestock owner timber wolf license only if the person: 
  2.1      (1) is a resident of this state; 
  2.2      (2) is at least age 16 before the timber wolf season opens; 
  2.3      (3) has not previously been issued a timber wolf license of 
  2.4   any kind; and 
  2.5      (4) is a livestock owner residing in a county that contains 
  2.6   timber wolves. 
  2.7      If the number of eligible applicants exceeds the number of 
  2.8   licenses available, the commissioner must select the recipients 
  2.9   by a lottery system. 
  2.10     Subd. 4.  [APPLICATION FOR LICENSE.] An application for a 
  2.11  timber wolf license must be on a form provided by the 
  2.12  commissioner and accompanied by a $3 nonrefundable application 
  2.13  fee per person.  A person may not make more than one application 
  2.14  for each season.  If a person makes more than one application, 
  2.15  the person is ineligible for a license for that season after a 
  2.16  determination without a hearing by the commissioner. 
  2.17     Subd. 5.  [TRANSFERABILITY OF LIVESTOCK OWNER 
  2.18  LICENSE.] Notwithstanding section 97A.415, a successful 
  2.19  applicant for a livestock owner timber wolf license may transfer 
  2.20  or sell the license to another person, including a nonresident, 
  2.21  up to 30 days before the timber wolf season opens if that person 
  2.22  is at least age 16 before the timber wolf season opens.  The 
  2.23  recipient may not transfer or sell the license and must register 
  2.24  the hunting party with the commissioner on a form provided by 
  2.25  the commissioner within seven days before the timber wolf season 
  2.26  opens.  
  2.27     Subd. 6.  [ELIGIBILITY; RESIDENT LICENSE.] (a) A person may 
  2.28  apply for a resident license pursuant to the procedure in 
  2.29  subdivision 4 provided that the person: 
  2.30     (1) is a resident of this state; 
  2.31     (2) is at least age 16 before the timber wolf season opens; 
  2.32  and 
  2.33     (3) has never previously been issued a timber wolf license 
  2.34  of any kind. 
  2.35     (b) If licenses are issued to all eligible livestock owner 
  2.36  license applicants, the commissioner may conduct a special 
  3.1   selection for resident timber wolf licenses for the remaining 
  3.2   portion of the timber wolf limit.  Resident licenses are 
  3.3   nontransferable. 
  3.4      Subd. 7.  [GENERAL RESTRICTIONS.] A person may not purchase 
  3.5   or receive more than one timber wolf license and may not 
  3.6   participate in more than one timber wolf hunting party. 
  3.7      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  3.8   97A.475, subdivision 2, is amended to read: 
  3.9      Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
  3.10  licenses, to be issued to residents only, are: 
  3.11     (1) for persons under age 65 to take small game, $10; 
  3.12     (2) for persons age 65 or over, $5; 
  3.13     (3) to take turkey, $16; 
  3.14     (4) to take deer with firearms, $22; 
  3.15     (5) to take deer by archery, $22; 
  3.16     (6) to take moose, for a party of not more than six 
  3.17  persons, $275; 
  3.18     (7) to take bear, $33; 
  3.19     (8) to take elk, for a party of not more than two persons, 
  3.20  $220; 
  3.21     (9) to take antlered deer in more than one zone, $44; and 
  3.22     (10) to take Canada geese during a special season, $3; and 
  3.23     (11) to take timber wolves, for a party of not more than 
  3.24  four persons, $150. 
  3.25     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.26  97A.475, subdivision 16, is amended to read: 
  3.27     Subd. 16.  [RESIDENT HUNTING GUIDES.] The fees for the 
  3.28  following resident guide licenses are: 
  3.29     (1) to guide bear hunters, $82.50; and 
  3.30     (2) to guide turkey hunters, $22; and 
  3.31     (3) to guide timber wolf hunters, $25. 
  3.32     Sec. 4.  Minnesota Statutes 1996, section 97A.535, is 
  3.33  amended to read: 
  3.34     97A.535 [POSSESSION AND TRANSPORTATION OF DEER, BEAR, 
  3.35  ELK, AND MOOSE, AND TIMBER WOLVES.] 
  3.36     Subdivision 1.  [TAGS REQUIRED.] A person may not possess 
  4.1   or transport deer, bear, elk, or moose, or timber wolves taken 
  4.2   in the state unless a tag is attached to the carcass in a manner 
  4.3   prescribed by the commissioner.  The commissioner must prescribe 
  4.4   the type of tag that has the license number of the owner, the 
  4.5   year of its issue, and other information prescribed by the 
  4.6   commissioner.  The tag must be attached to the deer, bear, elk, 
  4.7   or moose, or timber wolf at the site of the kill before the 
  4.8   animal is removed from the site of the kill, and must remain 
  4.9   attached to the animal until the animal is processed for storage.
  4.10     Subd. 2.  [REGISTRATION REQUIRED.] Deer, bear, elk, and 
  4.11  moose, and timber wolves must be registered as prescribed by the 
  4.12  commissioner, in addition to the tag required in subdivision 1.  
  4.13     Subd. 2a.  [QUARTERING OF DEER ALLOWED.] A deer that has 
  4.14  been tagged as required in subdivision 1 may be quartered at the 
  4.15  site of the kill.  The animal's head must remain attached to one 
  4.16  of the quarters.  The quarters must be presented together for 
  4.17  registration under subdivision 2 and must remain together until 
  4.18  the deer is processed for storage. 
  4.19     Subd. 3.  [TRANSPORTATION PERIOD RESTRICTED.] A person may 
  4.20  transport deer, bear, one elk, or moose, or one timber wolf 
  4.21  during the open season and the two days following the season, 
  4.22  and afterwards as prescribed by the commissioner.  
  4.23     Subd. 4.  [TRANSPORTATION BY PERSON OTHER THAN LICENSEE.] A 
  4.24  person other than the licensee may transport deer, bear, elk, or 
  4.25  moose, or a timber wolf that the licensee has registered as 
  4.26  prescribed by the commissioner.  A tag must be attached to the 
  4.27  animal and marked in ink with the address, license number, 
  4.28  signature of the licensee, and the locations from which and to 
  4.29  which the animal is being transported.  
  4.30     Subd. 5.  [HEADS, HIDES, AND CLAWS.] A resident that has a 
  4.31  license to take deer, bear, elk, or moose, or a timber wolf may 
  4.32  transport the head or hide of the animal within or out of the 
  4.33  state for mounting or tanning.  The hides of deer, bear, 
  4.34  elk, and moose, and timber wolves, and the claws of bear legally 
  4.35  taken and with the tags that are required by this section, may 
  4.36  be bought, sold, and transported at any time.  
  5.1      Sec. 5.  [97B.642] [TIMBER WOLF LICENSE REQUIRED.] 
  5.2      A person may not take a timber wolf without a timber wolf 
  5.3   license. 
  5.4      Sec. 6.  [97B.643] [TIMBER WOLF SEASON AND RESTRICTIONS.] 
  5.5      If the timber wolf is removed from classification as 
  5.6   threatened or endangered in this state under the federal 
  5.7   Endangered Species Act of 1973, the commissioner must, by rule, 
  5.8   prescribe an open season and areas and conditions for the taking 
  5.9   of timber wolves.  The season and areas must be based upon 
  5.10  annually updated population estimates.  The commissioner must 
  5.11  attempt to maintain a timber wolf population in this state 
  5.12  approximating the population range goals in the 1992 "Recovery 
  5.13  Plan for the Eastern Timber Wolf" prepared by the United States 
  5.14  Fish and Wildlife Service. 
  5.15     Sec. 7.  Minnesota Statutes 1996, section 97B.645, is 
  5.16  amended to read: 
  5.17     97B.645 [TIMBER WOLVES; USE OF DOGS AND HORSES; TRAPS, 
  5.18  SNARES, STANDS, AND BAIT.] 
  5.19     Subdivision 1.  [USE OF DOGS AND HORSES PROHIBITED.] A 
  5.20  person may not use a dog or horse to take a timber wolf.  
  5.21     Subd. 2.  [PERMIT REQUIRED TO SNARE TRAP; SNARES 
  5.22  PROHIBITED.] A person may not use a snare to take a timber 
  5.23  wolf.  A person may not use a trap to take a timber wolf, except 
  5.24  under a permit from the commissioner.  
  5.25     Subd. 3.  [TIMBER WOLF STAND RESTRICTIONS.] A person may 
  5.26  not take a timber wolf from a constructed platform or other 
  5.27  structure that is located within the right-of-way of an improved 
  5.28  public highway or is higher than 16 feet above the ground.  The 
  5.29  height restriction does not apply to a portable stand that is 
  5.30  chained, belted, clamped, or tied with rope. 
  5.31     Subd. 4.  [BAITING TIMBER WOLVES.] Notwithstanding section 
  5.32  609.68, a person may place bait to take a timber wolf and must 
  5.33  display a tag at each site where bait is placed and register the 
  5.34  sites.  The commissioner shall prescribe the method of tagging 
  5.35  and registering the sites and may place restrictions on the 
  5.36  method of baiting. 
  6.1      Sec. 8.  [97B.647] [TIMBER WOLF HUNTING GUIDES.] 
  6.2      A person may not place bait for a timber wolf, or guide 
  6.3   hunters to take a timber wolf, for compensation without a timber 
  6.4   wolf hunting guide license.  A timber wolf hunting guide is not 
  6.5   required to have a license to take a timber wolf unless the 
  6.6   guide is attempting to shoot or trap a timber wolf.  The 
  6.7   commissioner must adopt rules for qualifications for issuance, 
  6.8   receipt, and administration of the licenses. 
  6.9      Sec. 9.  [97B.649] [TAKING TIMBER WOLF TO PROTECT 
  6.10  PROPERTY.] 
  6.11     If the timber wolf is removed from classification as 
  6.12  threatened or endangered in this state under the federal 
  6.13  Endangered Species Act of 1973, a person may take a timber wolf 
  6.14  at any time to protect a person's property.  The person must 
  6.15  report the timber wolf taken to a conservation officer within 48 
  6.16  hours.  The timber wolf must be disposed of as provided by the 
  6.17  commissioner.