Bill Text: MN SF1945 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Wolf taking authorization; predator control program modification; trout seasons rulemaking modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-17 - Author stricken Skoe [SF1945 Detail]
Download: Minnesota-2011-SF1945-Engrossed.html
1.2relating to natural resources; providing for taking wolf; modifying predator
1.3control program; requiring rulemaking on trout seasons; appropriating money;
1.4amending Minnesota Statutes 2010, sections 97A.015, subdivision 53; 97A.451,
1.5subdivision 3; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions 2, 3, 20;
1.697B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.601, subdivisions
1.73a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.901; Minnesota
1.8Statutes 2011 Supplement, sections 97A.075, by adding a subdivision; 97B.075;
1.997B.645, subdivision 9; proposing coding for new law in Minnesota Statutes,
1.10chapter 97B; repealing Minnesota Statutes 2010, sections 97A.331, subdivision
1.117; 97B.645, subdivision 2.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to
1.14read:
1.15 Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild
1.16animals that are not protected wild animals including weasel, coyote(brush wolf), gopher,
1.17porcupine, striped skunk, and unprotected birds.
1.18 Sec. 2. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a
1.19subdivision to read:
1.20 Subd. 7. Wolf licenses. (a) For purposes of this subdivision, "wolf license" means a
1.21license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph
1.22(a), clause (13); or 20, paragraph (b).
1.23(b) Revenue from wolf licenses must be credited to the wolf management and
1.24monitoring account and is appropriated to the commissioner only for wolf management,
1.25research, damage control, enforcement, and education.
2.1 Sec. 3. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
2.2 Subd. 3. Residents under age 16; small game. (a) A resident under age 16 must
2.3obtain a small game license in order to take small game by firearms or bow and arrow
2.4without paying the applicable fees under section97A.475 , subdivisions 2, 4, and 5, if
2.5the resident is:
2.6 (1) age 14 or 15 and possesses a firearms safety certificate;
2.7 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
2.8guardian;
2.9 (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
2.10by a parent or guardian who possesses a small game license that was not obtained using an
2.11apprentice hunter validation; or
2.12 (4) age 12 or under and is accompanied by a parent or guardian.
2.13 (b) A resident under age 16 may take small game, other than wolves, by trapping
2.14without a small game license, but a resident 13 years of age or older must have a trapping
2.15license. A resident under age 13 may trap small game, other than wolves, without a
2.16trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
2.17resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
2.18under age five must be included in the limit of the accompanying parent or guardian.
2.19 (c) A resident under age 12 may apply for a turkey license and may take a turkey
2.20without a firearms safety certificate if the resident is accompanied by an adult parent or
2.21guardian who has a firearms safety certificate.
2.22 (d) A resident under age 12 may apply for a prairie chicken license and may take a
2.23prairie chicken without a firearms safety certificate if the resident is accompanied by an
2.24adult parent or guardian who has a firearms safety certificate.
2.25 Sec. 4. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
2.26 Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small
2.27game hunting license authorizes a person to hunt and trap small game, other than wolves,
2.28in the state. The license authorizes those hunting and trapping activities authorized by the
2.29annual resident small game huntingand trapping licenses license and the trapping license
2.30for fur-bearing animals other than wolves. The license does not include a turkey stamp
2.31validation or any other hunting stamps required by law.
2.32 (b) The fees for a resident lifetime small game hunting license are:
2.33 (1) age 3 and under, $217;
2.34 (2) age 4 to age 15, $290;
2.35 (3) age 16 to age 50, $363; and
3.1 (4) age 51 and over, $213.
3.2 Sec. 5. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
3.3 Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
3.4authorizes a person to take fish by angling and hunt and trap small game, other than
3.5wolves, in the state. The license authorizes those activities authorized by the annual
3.6resident angling, and resident small game hunting, licenses and the resident trapping
3.7licenses license for fur-bearing animals other than wolves. The license does not include a
3.8trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
3.9or any other hunting stamps required by law.
3.10 (b) The fees for a resident lifetime sporting license are:
3.11 (1) age 3 and under, $357;
3.12 (2) age 4 to age 15, $480;
3.13 (3) age 16 to age 50, $613; and
3.14 (4) age 51 and over, $413.
3.15 Sec. 6. Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:
3.16 Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident
3.17lifetime sporting with spearing option license authorizes a person to take fish by angling
3.18or spearing and hunt and trap small game, other than wolves, in the state. The license
3.19authorizes those activities authorized by the annual resident angling, spearing, and resident
3.20small game hunting, and resident trapping licenses and the resident trapping license for
3.21fur-bearing animals other than wolves. The license does not include a trout and salmon
3.22stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
3.23hunting stamps required by law.
3.24(b) The fees for a resident lifetime sporting with spearing option license are:
3.25(1) age 3 and under, $615;
3.26(2) age 4 to age 15, $800;
3.27(3) age 16 to age 50, $985; and
3.28(4) age 51 and over, $586.
3.29 Sec. 7. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
3.30 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
3.31only, are:
3.32 (1) for persons age 18 or over and under age 65 to take small game, $12.50;
3.33 (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
4.1 (3) for persons age 18 or over to take turkey, $23;
4.2 (4) for persons under age 18 to take turkey, $12;
4.3 (5) for persons age 18 or over to take deer with firearms during the regular firearms
4.4season, $26;
4.5 (6) for persons age 18 or over to take deer by archery, $26;
4.6 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
4.7season, $26;
4.8 (8) to take moose, for a party of not more than six persons, $310;
4.9 (9) to take bear, $38;
4.10 (10) to take elk, for a party of not more than two persons, $250;
4.11 (11) to take Canada geese during a special season, $4;
4.12 (12) to take prairie chickens, $20;
4.13 (13) for persons under age 18 to take deer with firearms during the regular firearms
4.14season, $13;
4.15 (14) for persons under age 18 to take deer by archery, $13;and
4.16 (15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
4.17season, $13; and
4.18(16) to take wolf, $26.
4.19 Sec. 8. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
4.20 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
4.21to nonresidents, are:
4.22 (1) for persons age 18 or over to take small game, $73;
4.23 (2) for persons age 18 or over to take deer with firearms during the regular firearms
4.24season, $135;
4.25 (3) for persons age 18 or over to take deer by archery, $135;
4.26 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
4.27season, $135;
4.28 (5) to take bear, $195;
4.29 (6) for persons age 18 and older to take turkey, $78;
4.30 (7) for persons under age 18 to take turkey, $12;
4.31 (8) to take raccoon or bobcat, $155;
4.32 (9) to take Canada geese during a special season, $4;
4.33 (10) for persons under age 18 to take deer with firearms during the regular firearms
4.34season in any open season option or time period, $13;
4.35 (11) for persons under age 18 to take deer by archery, $13;and
5.1 (12) for persons under age 18 to take deer during the muzzleloader season, $13; and
5.2(13) to take wolf, $230.
5.3 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
5.4paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
5.5surcharge.
5.6 Sec. 9. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
5.7 Subd. 20. Trappinglicense licenses. (a) The fee for a license to trap fur-bearing
5.8animals, other than wolves, is:
5.9(1) for residents over age 13 and under age 18, $6;
5.10(2) for residents age 18 or over and under age 65, $20;
5.11(3) for residents age 65 or over, $10; and
5.12(4) for nonresidents, $73.
5.13(b) The fee for a license to trap wolves is $26, to be issued to residents only.
5.14 Sec. 10. Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:
5.15 Subdivision 1. Firearms and ammunition that may be used to take big game
5.16and wolves. A person may take big game and wolves with a firearm only if:
5.17 (1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
5.18centerfire ignition;
5.19 (2) the firearm is loaded only with single projectile ammunition;
5.20 (3) a projectile used is a caliber of at least .22 inches and has a soft point or is
5.21an expanding bullet type;
5.22 (4) the muzzleloader used is incapable of being loaded at the breech;
5.23 (5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and
5.24 (6) the rifled muzzleloader used is a caliber of at least .40 inches.
5.25 Sec. 11. Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:
5.26 Subd. 2. Handguns for small game. A person may take small game with a handgun
5.27of any caliber in a manner prescribed by the commissioner, except that wolves may only
5.28be taken by hunting with the calibers specified in subdivision 1.
5.29 Sec. 12. Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:
5.30 Subd. 1a. Minimum draw weight. A bow used to take big gameor, turkey, or
5.31wolves must have a pull that meets or exceeds 30 pounds at or before full draw.
6.1 Sec. 13. Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:
6.297B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
6.3 (a) A person may not take protected wild animals, except raccoon and fox, with
6.4a firearm between the evening and morning times established by commissioner's rule,
6.5except as provided in this section.
6.6 (b) Big game and wolves may be taken from one-half hour before sunrise until
6.7one-half hour after sunset.
6.8 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
6.9nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
6.10during the entire season prescribed by the commissioner.
6.11 Sec. 14. Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:
6.12 Subd. 3a. Nonresidents; trapping small game. A nonresident may take small
6.13game, except wolves, by trapping only on land owned by the nonresident, if the
6.14nonresident possesses a trapping license for fur-bearing animals other than wolves and a
6.15small game license.
6.16 Sec. 15. Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:
6.17 Subd. 4. Exception to license requirements. (a) A resident under age 16 may take
6.18small game, other than wolves, without a small game license, and a resident under age
6.1913 may trap small game and fur-bearing animals, other than wolves, without a trapping
6.20license, as provided in section97A.451, subdivision 3 .
6.21(b) A person may take small game, other than wolves, without a small game license
6.22on land occupied by the person as a principal residence.
6.23(c) An owner or occupant may take certain small game causing damage without a
6.24small game or trapping license as provided in section97B.655 .
6.25(d) A person may use dogs to pursue and tree raccoons under section97B.621,
6.26subdivision 2 , during the closed season without a license.
6.27(e) A person may take a wolf, turkey, ora prairie chicken without a small game
6.28license.
6.29 Sec. 16. Minnesota Statutes 2010, section 97B.603, is amended to read:
6.3097B.603 TAKING SMALL GAME AS A PARTY.
6.31(a) While two or more persons are taking small game as a party and maintaining
6.32unaided visual and vocal contact, a member of the party may take and possess more than
6.33one limit of small game, but the total number of small game taken and possessed by
7.1the party may not exceed the limit of the number of persons in the party that may take
7.2and possess small game.
7.3(b) This section does not apply tothe hunting of wolves, migratory game birds, or
7.4turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter and
7.5a licensed wolf hunter may assist another licensed wolf hunter for the same zone and time
7.6period as long as the hunter does not shoot or tag a turkey or wolf for the other hunter.
7.7 Sec. 17. Minnesota Statutes 2010, section 97B.605, is amended to read:
7.897B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
7.9SMALL GAME ANIMALS.
7.10The commissioner may prescribe restrictions on and designate areas where gray and
7.11fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
7.12fox, fisher, pine marten, opossum, wolves, and badger may be taken and possessed.
7.13 Sec. 18. Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
7.14amended to read:
7.15 Subd. 9. Open season. There shall be no open season forgray wolves until after the
7.16gray wolf is delisted under the federal Endangered Species Act of 1973. After that time,
7.17the commissioner may prescribe open seasons and restrictions for takinggray wolves but
7.18must provide opportunity for public comment.
7.19 Sec. 19. [97B.647] TAKING WOLVES.
7.20 Subdivision 1. License required. Except as provided under section 97B.645 or
7.2197B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
7.22 Subd. 2. Open seasons. Wolves may be taken with legal firearms, with bow and
7.23arrow, and by trapping. The commissioner may by rule prescribe the open seasons for
7.24wolves.
7.25 Subd. 3. Open areas. The commissioner may by rule designate areas where wolves
7.26may be taken.
7.27 Subd. 4. Daily and possession limits. The commissioner may establish by rule
7.28the daily and possession limits for wolves.
7.29 Subd. 5. Limit on number of hunters and trappers. The commissioner may by
7.30rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
7.31to prevent an overharvest or improve the distribution of hunters and trappers. The
7.32commissioner shall establish a method, including a drawing, to impartially select the
7.33hunters and trappers for an area.
8.1 Subd. 6. Application for license. An application for a wolf hunting or trapping
8.2license must be made in a manner provided by the commissioner and accompanied by
8.3a $4 application fee. The $4 application fee is appropriated to pay for costs associated
8.4with conducting the wolf license drawing and wolf management. A person may not make
8.5more than one application for each season as prescribed by the commissioner. If a person
8.6makes more than one application, the person is ineligible for a license for that season after
8.7determination by the commissioner, without a hearing.
8.8 Subd. 7. Quotas. The commissioner may by rule set an annual quota for the
8.9number of wolves that can be taken by hunting and trapping. The commissioner may
8.10establish a method to monitor harvest and close the season when the quota is reached. The
8.11commissioner shall reserve a portion of the annual quota for the trapping season.
8.12 Sec. 20. Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:
8.13 Subd. 3. Predator control payments. The commissioner shall pay a predator
8.14controller the amount the commissionerprescribes determines by written order published
8.15in the State Register for eachpredator coyote and fox taken. The commissioner shall pay
8.16at least $25 but not more than $60 for each coyote taken. The commissioner may require
8.17the predator controller to submit proof of the taking and a signed statement concerning
8.18the predators taken. The fees are not subject to the rulemaking provisions of chapter 14,
8.19and section 14.386 does not apply.
8.20 Sec. 21. Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:
8.21 Subd. 4.Gray Wolf control. (a) The commissioner shall provide a gray wolf control
8.22training program for certified predator controllers participating ingray wolf control.
8.23(b) After thegray wolf is delisted under the federal Endangered Species Act of
8.241973, in zone B, as defined under section97B.645, subdivision 12 , if the commissioner,
8.25after considering recommendations from an extension agent or conservation officer, has
8.26verified that livestock, domestic animals, or pets were destroyed by agray wolf within the
8.27previous five years, and if the livestock, domestic animal, or pet owner requestsgray wolf
8.28control, the commissioner shall open a predator control area forgray wolves.
8.29(c) After thegray wolf is delisted under the federal Endangered Species Act of
8.301973, in zone A, as defined under paragraph (g), if the commissioner, after considering
8.31recommendations from an extension agent or conservation officer, verifies that livestock,
8.32domestic animals, or pets were destroyed by agray wolf, and if the livestock, domestic
8.33animal, or pet owner requestsgray wolf control, the commissioner shall open a predator
8.34control area forgray wolves for up to 60 days.
9.1(d) A predator control area opened forgray wolves may not exceed a one-mile
9.2radius surrounding the damage site.
9.3(e) The commissioner shall pay a certifiedgray wolf predator controller $150 the
9.4amount the commissioner determines by written order published in the State Register for
9.5each wolf taken. The certifiedgray wolf predator controller must dispose of unsalvageable
9.6remains as directed by the commissioner. All salvageablegray wolf remains must be
9.7surrendered to the commissioner. The fees are not subject to the rulemaking provisions of
9.8chapter 14, and section 14.386 does not apply.
9.9(f) The commissioner may, in consultation with the commissioner of agriculture,
9.10develop a cooperative agreement forgray wolf control activities with the United States
9.11Department of Agriculture. The cooperative agreement activities may include, but not be
9.12limited to,gray wolf control, training for state predator controllers, and control monitoring
9.13and record keeping.
9.14(g) For the purposes of this subdivision, "zone A" means that portion of the state
9.15lying outside of zone B, as defined under section97B.645, subdivision 12 .
9.16 Sec. 22. Minnesota Statutes 2010, section 97B.901, is amended to read:
9.1797B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.
9.18(a) The commissioner may, by rule, require persons taking, possessing, and
9.19transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
9.20the manner of issuance and the type of tag, which must show the year of issuance. The
9.21commissioner shall issue the tag, without a fee, upon request.
9.22(b) The pelt of each bobcat, fisher, pine marten,and otter, and wolf must be
9.23presented, by the person taking it, to a state wildlife manager designee for registration
9.24before the pelt is sold and before the pelt is transported out of the state, but in no event
9.25more than 48 hours after the season closes for the species.
9.26(c) The whole carcass of each wolf, with the pelt removed, must be presented by the
9.27person taking it to a state wildlife manager designee for registration before the pelt is sold
9.28and before the pelt is transported out of the state, but in no event more than 48 hours after
9.29the season closes. The commissioner may require that the entire carcass or samples from
9.30the carcass be surrendered to the state wildlife manager designee.
9.31 Sec. 23. RULEMAKING; RESTITUTION VALUE FOR WOLVES.
9.32(a) The commissioner of natural resources shall amend the restitution value for
9.33gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
9.34"gray wolves" to "wolves."
10.1(b) The commissioner may use the good cause exemption under Minnesota Statutes,
10.2section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
10.3Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
10.4section 14.388.
10.5 Sec. 24. RULEMAKING; USE OF SNARES.
10.6(a) The commissioner of natural resources shall add a definition of a wolf snare to
10.7Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that:
10.8A. has a maximum loop diameter greater than ten inches, but less than or equal
10.9to 18 inches;
10.10B. has a cable diameter of at least 7/64 inches;
10.11C. includes stops affixed to the cable to ensure that the portion of the snare that
10.12makes up the noose loop may not be less than three inches in diameter when fully closed;
10.13D. includes a breakaway device that would cause the snare loop to break when
10.14pulled by a moose; and
10.15E. includes a diverter wire that extends 27 inches in both directions, measured
10.16perpendicular to and from the top of the snare loop. The diverter wires must be positioned
10.17at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and
10.18the snare must be set within 20 yards of bait."
10.19(b) The commissioner of natural resources shall amend Minnesota Rules, part
10.206234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares
10.21as defined in part 6234.0900."
10.22(c) The commissioner of natural resources shall amend Minnesota Rules, part
10.236234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more
10.24than 20 inches above the first surface beneath the bottom of the set snare loop. During
10.25the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be
10.26set so that the bottom of the loop is more than 18 inches above the first surface beneath
10.27the bottom of the set snare loop."
10.28(d) The commissioner of natural resources shall amend Minnesota Rules, part
10.296234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer,
10.30elk, or moose trails."
10.31(e) The commissioner of natural resources shall amend Minnesota Rules, part
10.326234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for
10.33wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper."
10.34(f) The commissioner may use the good cause exemption under Minnesota Statutes,
10.35section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
11.1Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
11.2section 14.388.
11.3 Sec. 25. RULEMAKING; TROUT SEASONS.
11.4The commissioner of natural resources shall amend Minnesota Rules, part
11.56262.0200, to make brown trout, brook trout, rainbow trout, and splake in lakes inside and
11.6outside the Boundary Waters Canoe Area consistent with this section. The commissioner
11.7may use the good cause exemption under Minnesota Statutes, section 14.388, to adopt
11.8rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as
11.9provided under Minnesota Statutes, section 14.388.
11.10 Sec. 26. 2012 FIREARMS WOLF SEASON.
11.11The commissioner of natural resources shall establish the first firearms wolf hunting
11.12season to open no later than the first day of the 2012 firearms deer hunting season.
11.13 Sec. 27. REVISOR'S INSTRUCTION.
11.14The revisor of statutes shall change the term "gray wolf" or "gray wolves" wherever
11.15the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or "wolves."
11.16 Sec. 28. REPEALER.
11.17Minnesota Statutes 2010, sections 97A.331, subdivision 7; and 97B.645, subdivision
11.182, are repealed.
1.3control program; requiring rulemaking on trout seasons; appropriating money;
1.4amending Minnesota Statutes 2010, sections 97A.015, subdivision 53; 97A.451,
1.5subdivision 3; 97A.473, subdivisions 3, 5, 5a; 97A.475, subdivisions 2, 3, 20;
1.697B.031, subdivisions 1, 2; 97B.035, subdivision 1a; 97B.601, subdivisions
1.73a, 4; 97B.603; 97B.605; 97B.671, subdivisions 3, 4; 97B.901; Minnesota
1.8Statutes 2011 Supplement, sections 97A.075, by adding a subdivision; 97B.075;
1.997B.645, subdivision 9; proposing coding for new law in Minnesota Statutes,
1.10chapter 97B; repealing Minnesota Statutes 2010, sections 97A.331, subdivision
1.117; 97B.645, subdivision 2.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 97A.015, subdivision 53, is amended to
1.14read:
1.15 Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild
1.16animals that are not protected wild animals including weasel, coyote
1.17porcupine, striped skunk, and unprotected birds.
1.18 Sec. 2. Minnesota Statutes 2011 Supplement, section 97A.075, is amended by adding a
1.19subdivision to read:
1.20 Subd. 7. Wolf licenses. (a) For purposes of this subdivision, "wolf license" means a
1.21license or permit issued under section 97A.475, subdivision 2, clause (16); 3, paragraph
1.22(a), clause (13); or 20, paragraph (b).
1.23(b) Revenue from wolf licenses must be credited to the wolf management and
1.24monitoring account and is appropriated to the commissioner only for wolf management,
1.25research, damage control, enforcement, and education.
2.1 Sec. 3. Minnesota Statutes 2010, section 97A.451, subdivision 3, is amended to read:
2.2 Subd. 3. Residents under age 16; small game. (a) A resident under age 16 must
2.3obtain a small game license in order to take small game by firearms or bow and arrow
2.4without paying the applicable fees under section
2.5the resident is:
2.6 (1) age 14 or 15 and possesses a firearms safety certificate;
2.7 (2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
2.8guardian;
2.9 (3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
2.10by a parent or guardian who possesses a small game license that was not obtained using an
2.11apprentice hunter validation; or
2.12 (4) age 12 or under and is accompanied by a parent or guardian.
2.13 (b) A resident under age 16 may take small game, other than wolves, by trapping
2.14without a small game license, but a resident 13 years of age or older must have a trapping
2.15license. A resident under age 13 may trap small game, other than wolves, without a
2.16trapping license, but may not register fisher, otter, bobcat, or pine marten unless the
2.17resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
2.18under age five must be included in the limit of the accompanying parent or guardian.
2.19 (c) A resident under age 12 may apply for a turkey license and may take a turkey
2.20without a firearms safety certificate if the resident is accompanied by an adult parent or
2.21guardian who has a firearms safety certificate.
2.22 (d) A resident under age 12 may apply for a prairie chicken license and may take a
2.23prairie chicken without a firearms safety certificate if the resident is accompanied by an
2.24adult parent or guardian who has a firearms safety certificate.
2.25 Sec. 4. Minnesota Statutes 2010, section 97A.473, subdivision 3, is amended to read:
2.26 Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small
2.27game hunting license authorizes a person to hunt and trap small game, other than wolves,
2.28in the state. The license authorizes those hunting and trapping activities authorized by the
2.29annual resident small game hunting
2.30for fur-bearing animals other than wolves. The license does not include a turkey stamp
2.31validation or any other hunting stamps required by law.
2.32 (b) The fees for a resident lifetime small game hunting license are:
2.33 (1) age 3 and under, $217;
2.34 (2) age 4 to age 15, $290;
2.35 (3) age 16 to age 50, $363; and
3.1 (4) age 51 and over, $213.
3.2 Sec. 5. Minnesota Statutes 2010, section 97A.473, subdivision 5, is amended to read:
3.3 Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license
3.4authorizes a person to take fish by angling and hunt and trap small game, other than
3.5wolves, in the state. The license authorizes those activities authorized by the annual
3.6resident angling
3.7
3.8trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation,
3.9or any other hunting stamps required by law.
3.10 (b) The fees for a resident lifetime sporting license are:
3.11 (1) age 3 and under, $357;
3.12 (2) age 4 to age 15, $480;
3.13 (3) age 16 to age 50, $613; and
3.14 (4) age 51 and over, $413.
3.15 Sec. 6. Minnesota Statutes 2010, section 97A.473, subdivision 5a, is amended to read:
3.16 Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident
3.17lifetime sporting with spearing option license authorizes a person to take fish by angling
3.18or spearing and hunt and trap small game, other than wolves, in the state. The license
3.19authorizes those activities authorized by the annual resident angling, spearing, and resident
3.20small game hunting
3.21fur-bearing animals other than wolves. The license does not include a trout and salmon
3.22stamp validation, a turkey stamp validation, a walleye stamp validation, or any other
3.23hunting stamps required by law.
3.24(b) The fees for a resident lifetime sporting with spearing option license are:
3.25(1) age 3 and under, $615;
3.26(2) age 4 to age 15, $800;
3.27(3) age 16 to age 50, $985; and
3.28(4) age 51 and over, $586.
3.29 Sec. 7. Minnesota Statutes 2010, section 97A.475, subdivision 2, is amended to read:
3.30 Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents
3.31only, are:
3.32 (1) for persons age 18 or over and under age 65 to take small game, $12.50;
3.33 (2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
4.1 (3) for persons age 18 or over to take turkey, $23;
4.2 (4) for persons under age 18 to take turkey, $12;
4.3 (5) for persons age 18 or over to take deer with firearms during the regular firearms
4.4season, $26;
4.5 (6) for persons age 18 or over to take deer by archery, $26;
4.6 (7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
4.7season, $26;
4.8 (8) to take moose, for a party of not more than six persons, $310;
4.9 (9) to take bear, $38;
4.10 (10) to take elk, for a party of not more than two persons, $250;
4.11 (11) to take Canada geese during a special season, $4;
4.12 (12) to take prairie chickens, $20;
4.13 (13) for persons under age 18 to take deer with firearms during the regular firearms
4.14season, $13;
4.15 (14) for persons under age 18 to take deer by archery, $13;
4.16 (15) for persons under age 18 to take deer by muzzleloader during the muzzleloader
4.17season, $13; and
4.18(16) to take wolf, $26.
4.19 Sec. 8. Minnesota Statutes 2010, section 97A.475, subdivision 3, is amended to read:
4.20 Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued
4.21to nonresidents, are:
4.22 (1) for persons age 18 or over to take small game, $73;
4.23 (2) for persons age 18 or over to take deer with firearms during the regular firearms
4.24season, $135;
4.25 (3) for persons age 18 or over to take deer by archery, $135;
4.26 (4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader
4.27season, $135;
4.28 (5) to take bear, $195;
4.29 (6) for persons age 18 and older to take turkey, $78;
4.30 (7) for persons under age 18 to take turkey, $12;
4.31 (8) to take raccoon or bobcat, $155;
4.32 (9) to take Canada geese during a special season, $4;
4.33 (10) for persons under age 18 to take deer with firearms during the regular firearms
4.34season in any open season option or time period, $13;
4.35 (11) for persons under age 18 to take deer by archery, $13;
5.1 (12) for persons under age 18 to take deer during the muzzleloader season, $13; and
5.2(13) to take wolf, $230.
5.3 (b) A $5 surcharge shall be added to nonresident hunting licenses issued under
5.4paragraph (a), clauses (1) to (8). An additional commission may not be assessed on this
5.5surcharge.
5.6 Sec. 9. Minnesota Statutes 2010, section 97A.475, subdivision 20, is amended to read:
5.7 Subd. 20. Trapping
5.8animals, other than wolves, is:
5.9(1) for residents over age 13 and under age 18, $6;
5.10(2) for residents age 18 or over and under age 65, $20;
5.11(3) for residents age 65 or over, $10; and
5.12(4) for nonresidents, $73.
5.13(b) The fee for a license to trap wolves is $26, to be issued to residents only.
5.14 Sec. 10. Minnesota Statutes 2010, section 97B.031, subdivision 1, is amended to read:
5.15 Subdivision 1. Firearms and ammunition that may be used to take big game
5.16and wolves. A person may take big game and wolves with a firearm only if:
5.17 (1) the rifle, shotgun, and handgun used is a caliber of at least .22 inches and with
5.18centerfire ignition;
5.19 (2) the firearm is loaded only with single projectile ammunition;
5.20 (3) a projectile used is a caliber of at least .22 inches and has a soft point or is
5.21an expanding bullet type;
5.22 (4) the muzzleloader used is incapable of being loaded at the breech;
5.23 (5) the smooth-bore muzzleloader used is a caliber of at least .45 inches; and
5.24 (6) the rifled muzzleloader used is a caliber of at least .40 inches.
5.25 Sec. 11. Minnesota Statutes 2010, section 97B.031, subdivision 2, is amended to read:
5.26 Subd. 2. Handguns for small game. A person may take small game with a handgun
5.27of any caliber in a manner prescribed by the commissioner, except that wolves may only
5.28be taken by hunting with the calibers specified in subdivision 1.
5.29 Sec. 12. Minnesota Statutes 2010, section 97B.035, subdivision 1a, is amended to read:
5.30 Subd. 1a. Minimum draw weight. A bow used to take big game
5.31wolves must have a pull that meets or exceeds 30 pounds at or before full draw.
6.1 Sec. 13. Minnesota Statutes 2011 Supplement, section 97B.075, is amended to read:
6.297B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
6.3 (a) A person may not take protected wild animals, except raccoon and fox, with
6.4a firearm between the evening and morning times established by commissioner's rule,
6.5except as provided in this section.
6.6 (b) Big game and wolves may be taken from one-half hour before sunrise until
6.7one-half hour after sunset.
6.8 (c) Except as otherwise prescribed by the commissioner on or before the Saturday
6.9nearest October 8, waterfowl may be taken from one-half hour before sunrise until sunset
6.10during the entire season prescribed by the commissioner.
6.11 Sec. 14. Minnesota Statutes 2010, section 97B.601, subdivision 3a, is amended to read:
6.12 Subd. 3a. Nonresidents; trapping small game. A nonresident may take small
6.13game, except wolves, by trapping only on land owned by the nonresident, if the
6.14nonresident possesses a trapping license for fur-bearing animals other than wolves and a
6.15small game license.
6.16 Sec. 15. Minnesota Statutes 2010, section 97B.601, subdivision 4, is amended to read:
6.17 Subd. 4. Exception to license requirements. (a) A resident under age 16 may take
6.18small game, other than wolves, without a small game license, and a resident under age
6.1913 may trap small game and fur-bearing animals, other than wolves, without a trapping
6.20license, as provided in section
6.21(b) A person may take small game, other than wolves, without a small game license
6.22on land occupied by the person as a principal residence.
6.23(c) An owner or occupant may take certain small game causing damage without a
6.24small game or trapping license as provided in section
6.25(d) A person may use dogs to pursue and tree raccoons under section
6.26subdivision 2
6.27(e) A person may take a wolf, turkey, or
6.28license.
6.29 Sec. 16. Minnesota Statutes 2010, section 97B.603, is amended to read:
6.3097B.603 TAKING SMALL GAME AS A PARTY.
6.31(a) While two or more persons are taking small game as a party and maintaining
6.32unaided visual and vocal contact, a member of the party may take and possess more than
6.33one limit of small game, but the total number of small game taken and possessed by
7.1the party may not exceed the limit of the number of persons in the party that may take
7.2and possess small game.
7.3(b) This section does not apply to
7.4turkeys, except that a licensed turkey hunter may assist another licensed turkey hunter and
7.5a licensed wolf hunter may assist another licensed wolf hunter for the same zone and time
7.6period as long as the hunter does not shoot or tag a turkey or wolf for the other hunter.
7.7 Sec. 17. Minnesota Statutes 2010, section 97B.605, is amended to read:
7.897B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN
7.9SMALL GAME ANIMALS.
7.10The commissioner may prescribe restrictions on and designate areas where gray and
7.11fox squirrels, cottontail and jack rabbits, snowshoe hare, raccoon, bobcat, red fox and gray
7.12fox, fisher, pine marten, opossum, wolves, and badger may be taken and possessed.
7.13 Sec. 18. Minnesota Statutes 2011 Supplement, section 97B.645, subdivision 9, is
7.14amended to read:
7.15 Subd. 9. Open season. There shall be no open season for
7.16
7.17the commissioner may prescribe open seasons and restrictions for taking
7.18must provide opportunity for public comment.
7.19 Sec. 19. [97B.647] TAKING WOLVES.
7.20 Subdivision 1. License required. Except as provided under section 97B.645 or
7.2197B.671, a person may not take a wolf without a wolf hunting or wolf trapping license.
7.22 Subd. 2. Open seasons. Wolves may be taken with legal firearms, with bow and
7.23arrow, and by trapping. The commissioner may by rule prescribe the open seasons for
7.24wolves.
7.25 Subd. 3. Open areas. The commissioner may by rule designate areas where wolves
7.26may be taken.
7.27 Subd. 4. Daily and possession limits. The commissioner may establish by rule
7.28the daily and possession limits for wolves.
7.29 Subd. 5. Limit on number of hunters and trappers. The commissioner may by
7.30rule limit the number of persons that may hunt or trap wolves in an area, if it is necessary
7.31to prevent an overharvest or improve the distribution of hunters and trappers. The
7.32commissioner shall establish a method, including a drawing, to impartially select the
7.33hunters and trappers for an area.
8.1 Subd. 6. Application for license. An application for a wolf hunting or trapping
8.2license must be made in a manner provided by the commissioner and accompanied by
8.3a $4 application fee. The $4 application fee is appropriated to pay for costs associated
8.4with conducting the wolf license drawing and wolf management. A person may not make
8.5more than one application for each season as prescribed by the commissioner. If a person
8.6makes more than one application, the person is ineligible for a license for that season after
8.7determination by the commissioner, without a hearing.
8.8 Subd. 7. Quotas. The commissioner may by rule set an annual quota for the
8.9number of wolves that can be taken by hunting and trapping. The commissioner may
8.10establish a method to monitor harvest and close the season when the quota is reached. The
8.11commissioner shall reserve a portion of the annual quota for the trapping season.
8.12 Sec. 20. Minnesota Statutes 2010, section 97B.671, subdivision 3, is amended to read:
8.13 Subd. 3. Predator control payments. The commissioner shall pay a predator
8.14controller the amount the commissioner
8.15in the State Register for each
8.16
8.17the predator controller to submit proof of the taking and a signed statement concerning
8.18the predators taken. The fees are not subject to the rulemaking provisions of chapter 14,
8.19and section 14.386 does not apply.
8.20 Sec. 21. Minnesota Statutes 2010, section 97B.671, subdivision 4, is amended to read:
8.21 Subd. 4.
8.22training program for certified predator controllers participating in
8.23(b) After the
8.241973, in zone B, as defined under section
8.25after considering recommendations from an extension agent or conservation officer, has
8.26verified that livestock, domestic animals, or pets were destroyed by a
8.27previous five years, and if the livestock, domestic animal, or pet owner requests
8.28control, the commissioner shall open a predator control area for
8.29(c) After the
8.301973, in zone A, as defined under paragraph (g), if the commissioner, after considering
8.31recommendations from an extension agent or conservation officer, verifies that livestock,
8.32domestic animals, or pets were destroyed by a
8.33animal, or pet owner requests
8.34control area for
9.1(d) A predator control area opened for
9.2radius surrounding the damage site.
9.3(e) The commissioner shall pay a certified
9.4amount the commissioner determines by written order published in the State Register for
9.5each wolf taken. The certified
9.6remains as directed by the commissioner. All salvageable
9.7surrendered to the commissioner. The fees are not subject to the rulemaking provisions of
9.8chapter 14, and section 14.386 does not apply.
9.9(f) The commissioner may, in consultation with the commissioner of agriculture,
9.10develop a cooperative agreement for
9.11Department of Agriculture. The cooperative agreement activities may include, but not be
9.12limited to,
9.13and record keeping.
9.14(g) For the purposes of this subdivision, "zone A" means that portion of the state
9.15lying outside of zone B, as defined under section
9.16 Sec. 22. Minnesota Statutes 2010, section 97B.901, is amended to read:
9.1797B.901 REGISTRATION AND TAGGING OF FUR-BEARING ANIMALS.
9.18(a) The commissioner may, by rule, require persons taking, possessing, and
9.19transporting fur-bearing animals to tag the animals. The commissioner shall prescribe
9.20the manner of issuance and the type of tag, which must show the year of issuance. The
9.21commissioner shall issue the tag, without a fee, upon request.
9.22(b) The pelt of each bobcat, fisher, pine marten,
9.23presented, by the person taking it, to a state wildlife manager designee for registration
9.24before the pelt is sold and before the pelt is transported out of the state, but in no event
9.25more than 48 hours after the season closes for the species.
9.26(c) The whole carcass of each wolf, with the pelt removed, must be presented by the
9.27person taking it to a state wildlife manager designee for registration before the pelt is sold
9.28and before the pelt is transported out of the state, but in no event more than 48 hours after
9.29the season closes. The commissioner may require that the entire carcass or samples from
9.30the carcass be surrendered to the state wildlife manager designee.
9.31 Sec. 23. RULEMAKING; RESTITUTION VALUE FOR WOLVES.
9.32(a) The commissioner of natural resources shall amend the restitution value for
9.33gray wolves in Minnesota Rules, part 6133.0075, to be $500 and shall change the term
9.34"gray wolves" to "wolves."
10.1(b) The commissioner may use the good cause exemption under Minnesota Statutes,
10.2section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
10.3Statutes, section 14.386, does not apply except as provided under Minnesota Statutes,
10.4section 14.388.
10.5 Sec. 24. RULEMAKING; USE OF SNARES.
10.6(a) The commissioner of natural resources shall add a definition of a wolf snare to
10.7Minnesota Rules, part 6234.0900, to read: "'Wolf snare' means any snare set that:
10.8A. has a maximum loop diameter greater than ten inches, but less than or equal
10.9to 18 inches;
10.10B. has a cable diameter of at least 7/64 inches;
10.11C. includes stops affixed to the cable to ensure that the portion of the snare that
10.12makes up the noose loop may not be less than three inches in diameter when fully closed;
10.13D. includes a breakaway device that would cause the snare loop to break when
10.14pulled by a moose; and
10.15E. includes a diverter wire that extends 27 inches in both directions, measured
10.16perpendicular to and from the top of the snare loop. The diverter wires must be positioned
10.17at an angle no more than 20 degrees from the horizontal plane of the top of the snare, and
10.18the snare must be set within 20 yards of bait."
10.19(b) The commissioner of natural resources shall amend Minnesota Rules, part
10.206234.2300, to include a subpart to read: "Wolves may be taken with snares or wolf snares
10.21as defined in part 6234.0900."
10.22(c) The commissioner of natural resources shall amend Minnesota Rules, part
10.236234.2400, subpart 7, to read: "A snare may not be set so that the top of the loop is more
10.24than 20 inches above the first surface beneath the bottom of the set snare loop. During
10.25the wolf season, licensed wolf trappers may use wolf snares but a wolf snare may not be
10.26set so that the bottom of the loop is more than 18 inches above the first surface beneath
10.27the bottom of the set snare loop."
10.28(d) The commissioner of natural resources shall amend Minnesota Rules, part
10.296234.2400, subpart 5, to read: "Snares, including wolf snares, may not be set in deer,
10.30elk, or moose trails."
10.31(e) The commissioner of natural resources shall amend Minnesota Rules, part
10.326234.2400, to include a subpart to read: "Licensed wolf trappers shall set wolf snares for
10.33wolves no closer than 500 feet to another wolf snare set by the same licensed wolf trapper."
10.34(f) The commissioner may use the good cause exemption under Minnesota Statutes,
10.35section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
11.1Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
11.2section 14.388.
11.3 Sec. 25. RULEMAKING; TROUT SEASONS.
11.4The commissioner of natural resources shall amend Minnesota Rules, part
11.56262.0200, to make brown trout, brook trout, rainbow trout, and splake in lakes inside and
11.6outside the Boundary Waters Canoe Area consistent with this section. The commissioner
11.7may use the good cause exemption under Minnesota Statutes, section 14.388, to adopt
11.8rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as
11.9provided under Minnesota Statutes, section 14.388.
11.10 Sec. 26. 2012 FIREARMS WOLF SEASON.
11.11The commissioner of natural resources shall establish the first firearms wolf hunting
11.12season to open no later than the first day of the 2012 firearms deer hunting season.
11.13 Sec. 27. REVISOR'S INSTRUCTION.
11.14The revisor of statutes shall change the term "gray wolf" or "gray wolves" wherever
11.15the term appears in Minnesota Statutes and Minnesota Rules to "wolf" or "wolves."
11.16 Sec. 28. REPEALER.
11.17Minnesota Statutes 2010, sections 97A.331, subdivision 7; and 97B.645, subdivision
11.182, are repealed.
