SF 2984

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 criminal penalties; amending 
  1.4             Minnesota Statutes 1998, sections 97A.331, by adding a 
  1.5             subdivision; 97B.645; and 97B.671, subdivision 3, and 
  1.6             by adding a subdivision; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 97B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 97A.331, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 7.  [GRAY WOLF.] A person who takes, harasses, 
  1.12  destroys, buys, sells, possesses, transports, or ships a gray 
  1.13  wolf in violation of the game and fish laws is guilty of a gross 
  1.14  misdemeanor. 
  1.15     Sec. 2.  Minnesota Statutes 1998, section 97B.645, is 
  1.16  amended to read: 
  1.17     97B.645 [GRAY WOLVES.] 
  1.18     Subdivision 1.  [USE OF DOGS AND HORSES PROHIBITED; USE OF 
  1.19  GUARD ANIMALS.] A person may not use a dog or horse to take 
  1.20  a timber gray wolf.  A person may use a guard animal to harass, 
  1.21  repel, or destroy wolves only as allowed under subdivision 3, 4, 
  1.22  5, or 6.  
  1.23     Subd. 2.  [PERMIT REQUIRED TO SNARE.] A person may not use 
  1.24  a snare to take a wolf except under a permit from the 
  1.25  commissioner.  
  1.26     Subd. 3.  [DESTROYING GRAY WOLVES IN DEFENSE OF HUMAN 
  2.1   LIFE.] A person may, at any time and without a permit, take a 
  2.2   gray wolf in defense of the person's own life or the life of 
  2.3   another.  A person who destroys a gray wolf under this 
  2.4   subdivision must protect all evidence and report the taking to a 
  2.5   conservation officer within 24 hours after the gray wolf is 
  2.6   killed. 
  2.7      Subd. 4.  [HARASSMENT OF GRAY WOLVES.] To discourage gray 
  2.8   wolves from contact or association with people and domestic 
  2.9   animals, a person may, at any time and without a permit, harass 
  2.10  a gray wolf that is within 500 yards of people, buildings, dogs, 
  2.11  livestock, or other domestic pets and animals.  A gray wolf may 
  2.12  not be purposely attracted, tracked, or searched out for the 
  2.13  purpose of harassment.  Harassment that results in physical 
  2.14  injury to a gray wolf is prohibited. 
  2.15     Subd. 5.  [DESTROYING GRAY WOLVES THREATENING LIVESTOCK OR 
  2.16  GUARD ANIMALS.] An owner of livestock and guard animals and the 
  2.17  owner's agents may, at any time and without a permit, take a 
  2.18  gray wolf when the gray wolf is posing an immediate threat to 
  2.19  livestock or a guard animal located on property owned, leased, 
  2.20  or occupied by the owner of the livestock or guard animal.  A 
  2.21  person who destroys a gray wolf under this subdivision must 
  2.22  protect all evidence and report the taking to a conservation 
  2.23  officer within 24 hours after the gray wolf is killed. 
  2.24     Subd. 6.  [DESTROYING GRAY WOLVES THREATENING DOMESTIC 
  2.25  PETS.] An owner of a domestic pet may, at any time and without a 
  2.26  permit, take a gray wolf when the gray wolf is posing an 
  2.27  immediate threat to a domestic pet under the controlled 
  2.28  supervision of the owner.  A person who destroys a gray wolf 
  2.29  under this subdivision must protect all evidence and report the 
  2.30  taking to a conservation officer within 24 hours after the gray 
  2.31  wolf is killed. 
  2.32     Subd. 7.  [INVESTIGATION OF REPORTED GRAY WOLF TAKINGS.] (a)
  2.33  In response to a reported gray wolf taking under subdivision 3, 
  2.34  5, or 6, the commissioner shall: 
  2.35     (1) investigate the reported taking; 
  2.36     (2) collect appropriate written and photographic 
  3.1   documentation of the circumstances and site of the taking, 
  3.2   including but not limited to documentation of animal husbandry 
  3.3   practices; 
  3.4      (3) confiscate salvageable remains of the gray wolf killed; 
  3.5   and 
  3.6      (4) dispose of any salvageable gray wolf remains 
  3.7   confiscated under this subdivision by sale or donation for 
  3.8   educational purposes. 
  3.9      (b) The commissioner shall produce monthly reports of 
  3.10  activities under this subdivision. 
  3.11     (c) In response to a reported gray wolf taking under 
  3.12  subdivision 5, the commissioner must notify the county extension 
  3.13  agent.  The county extension agent must recommend what, if any, 
  3.14  cost-conscious livestock best management practices and nonlethal 
  3.15  wolf depredation controls are needed to prevent future wolf 
  3.16  depredation.  Any best management practices recommended by the 
  3.17  county extension agent must be consistent with the best 
  3.18  management practices developed by the commissioner of 
  3.19  agriculture under section 3.737, subdivision 5. 
  3.20     Subd. 8.  [TAKING GRAY WOLVES TO PROTECT PROPERTY IN THE 
  3.21  AGRICULTURE ZONE.] Notwithstanding the provisions of 
  3.22  subdivisions 1, 4, 5, 6, and 7, in the agriculture zone, a 
  3.23  person may take a gray wolf at any time to protect the person's 
  3.24  property.  The person must report the gray wolf taken to a 
  3.25  conservation officer within 24 hours.  The gray wolf must be 
  3.26  disposed of as prescribed by the commissioner. 
  3.27     Subd. 9.  [OPEN SEASON.] There shall be no open season for 
  3.28  gray wolves for five years after the gray wolf is delisted under 
  3.29  the federal Endangered Species Act of 1973.  After that time, 
  3.30  the commissioner may prescribe open seasons and restrictions for 
  3.31  taking gray wolves, but must provide opportunity for public 
  3.32  comment. 
  3.33     Subd. 10.  [RELEASE OF WOLF-DOG HYBRIDS AND CAPTIVE GRAY 
  3.34  WOLVES.] A person may not release a wolf-dog hybrid.  A person 
  3.35  may not release a captive gray wolf without a permit from the 
  3.36  commissioner. 
  4.1      Subd. 11.  [FEDERAL LAW.] Notwithstanding the provisions of 
  4.2   this section, a person may not take, harass, buy, sell, possess, 
  4.3   transport, or ship gray wolves in violation of federal law. 
  4.4      Subd. 12.  [DEFINITIONS.] (a) For purposes of this section, 
  4.5   the terms used have the meanings given. 
  4.6      (b) "Guard animal" means a donkey, llama, dog, or other 
  4.7   domestic animal specifically bred, trained, and used to protect 
  4.8   livestock from gray wolf depredation. 
  4.9      (c) "Immediate threat" means the observed behavior of a 
  4.10  gray wolf in the act of pursuing, attacking, or killing 
  4.11  livestock, a guard animal, or a domestic pet under the 
  4.12  supervised control of the owner.  If a gray wolf is not observed 
  4.13  pursuing or attacking, the presence of a gray wolf feeding on an 
  4.14  already dead animal whose death was not caused by gray wolves is 
  4.15  not an immediate threat. 
  4.16     (d) "Agriculture zone" means all that part of Minnesota 
  4.17  south and west of a line beginning on state trunk highway No. 48 
  4.18  at the eastern boundary of the state; thence westerly along 
  4.19  state trunk highway No. 48 to interstate highway No. 35; thence 
  4.20  northerly on interstate highway No. 35 to state highway No. 23; 
  4.21  thence west one-half mile on state highway No. 23 to state trunk 
  4.22  highway No. 18; thence westerly along state trunk highway No. 18 
  4.23  to state trunk highway No. 65; thence northerly on state trunk 
  4.24  highway No. 65 to state trunk highway No. 210; thence westerly 
  4.25  along state trunk highway No. 210 to state trunk highway No. 6; 
  4.26  thence northerly on state trunk highway No. 6 to Emily; thence 
  4.27  westerly along county state-aid highway No. 1, Crow Wing county, 
  4.28  to county state-aid highway No. 2, Cass county; thence westerly 
  4.29  along county state-aid highway No. 2 to Pine River; thence 
  4.30  northwesterly along state trunk highway No. 371 to Backus; 
  4.31  thence westerly along state trunk highway No. 87 to U.S. highway 
  4.32  No. 71; thence northerly along U.S. highway No. 71 to state 
  4.33  trunk highway No. 200; thence northwesterly along state trunk 
  4.34  highway No. 200 to county state-aid highway No. 2, Clearwater 
  4.35  county; thence northerly along county state-aid highway No. 2 to 
  4.36  Shevlin; thence along U.S. highway No. 2 to Bagley; thence 
  5.1   northerly along state trunk highway No. 92 to Gully; thence 
  5.2   northerly along county state-aid highway No. 2, Polk county, to 
  5.3   county state-aid highway No. 27, Pennington county; thence along 
  5.4   county state-aid highway No. 27 to state trunk highway No. 1; 
  5.5   thence easterly along state trunk highway No. 1 to county 
  5.6   state-aid highway No. 28, Pennington county; thence northerly 
  5.7   along county state-aid highway No. 28 to county state-aid 
  5.8   highway No. 54, Marshall county; thence northerly along county 
  5.9   state-aid highway No. 54 to Grygla; thence west and northerly 
  5.10  along state highway No. 89 to Roseau; thence northerly along 
  5.11  state trunk highway No. 310 to the Canadian border. 
  5.12     Sec. 3.  [97B.646] [GRAY WOLF MANAGEMENT PLAN.] 
  5.13     The commissioner, in consultation with the commissioner of 
  5.14  agriculture, shall adopt a gray wolf management plan that 
  5.15  includes goals to ensure the long-term survival of the gray wolf 
  5.16  in Minnesota, to reduce conflicts between gray wolves and 
  5.17  humans, and to minimize depredation of livestock and domestic 
  5.18  pets. 
  5.19     Sec. 4.  Minnesota Statutes 1998, section 97B.671, 
  5.20  subdivision 3, is amended to read: 
  5.21     Subd. 3.  [PREDATOR CONTROL PAYMENTS.] The commissioner 
  5.22  shall pay a predator controller the amount the commissioner 
  5.23  prescribes for each predator taken.  The commissioner shall pay 
  5.24  at least $25 but not more than $60 for each wolf or coyote 
  5.25  taken.  The commissioner may require the predator controller to 
  5.26  submit proof of the taking and a signed statement concerning the 
  5.27  predators taken.  
  5.28     Sec. 5.  Minnesota Statutes 1998, section 97B.671, is 
  5.29  amended by adding a subdivision to read: 
  5.30     Subd. 4.  [GRAY WOLF CONTROL.] (a) The commissioner shall 
  5.31  provide a gray wolf control training program for certified 
  5.32  predator controllers participating in gray wolf control. 
  5.33     (b) In the agriculture zone, as defined under section 
  5.34  97B.645, subdivision 12, if the commissioner has verified the 
  5.35  presence of physical remains of gray wolf-killed livestock or 
  5.36  domestic pets within the previous five years and if the 
  6.1   commissioner determines that gray wolf control is necessary to 
  6.2   prevent further damage to livestock or domestic pets, the 
  6.3   commissioner may open a predator control area for gray wolves. 
  6.4      (c) In the gray wolf zone, as defined under paragraph (g), 
  6.5   if the commissioner verifies the presence of physical remains of 
  6.6   gray wolf-killed livestock or domestic pets and determines that 
  6.7   gray wolf control is necessary to prevent further damage, the 
  6.8   commissioner may open a predator control area for gray wolves 
  6.9   for up to 30 days. 
  6.10     (d) A predator control area opened for gray wolves may not 
  6.11  exceed a one-mile radius surrounding the damage site. 
  6.12     (e) The commissioner shall pay a certified gray wolf 
  6.13  predator controller $100 for each wolf taken.  The certified 
  6.14  gray wolf predator controller must dispose of unsalvageable 
  6.15  remains as directed by the commissioner.  All salvageable gray 
  6.16  wolf remains must be surrendered to the commissioner. 
  6.17     (f) The commissioner may, in consultation with the 
  6.18  commissioner of agriculture, develop a cooperative agreement for 
  6.19  gray wolf control activities with the United States Department 
  6.20  of Agriculture.  The cooperative agreement activities may 
  6.21  include, but not be limited to, gray wolf control, training for 
  6.22  state predator controllers, and control monitoring and 
  6.23  recordkeeping. 
  6.24     (g) For the purposes of this subdivision, "gray wolf zone" 
  6.25  means that portion of the state lying outside of the agriculture 
  6.26  zone. 
  6.27     Sec. 6.  [REPORT TO THE LEGISLATURE.] 
  6.28     The commissioner of natural resources must submit a report 
  6.29  to the chairs of the senate and house environment and natural 
  6.30  resources policy and funding committees by January 1, 2001.  The 
  6.31  report must provide recommendations on appropriations needed to 
  6.32  accomplish the gray wolf management plan. 
  6.33     Sec. 7.  [REVISOR'S INSTRUCTION.] 
  6.34     The revisor of statutes shall change the phrase "timber 
  6.35  wolf" wherever it appears in Minnesota Statutes and Minnesota 
  6.36  Rules to "gray wolf."