HOUSE BILL NO. 66
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H0066........................................................by MR. SPEAKER
Requested by Department of Fish and Game
FISH AND GAME - LICENSES - Amends existing law to provide fish and game
license fees and fee formulas; to authorize the director to define terms;
to provide use of moneys in the Fish and Game Set-aside Account; to delete
an exception to the license requirement for resident military personnel; to
provide for a nonresident combination hunting and fishing license; to
provide half-price game tags for eligible resident license holders; to
provide game tag fees and fee formulas; to provide a nonresident hound
hunter permit; to provide a migratory bird harvest information program
permit; to provide a bear baiting permit; to provide migratory waterfowl
permits and prints; and to delete an administrative fee.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 66
BY MR. SPEAKER
Requested by: Department of Fish and Game
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO INCREASE
3 THE CONTROLLED HUNT APPLICATION FEE AND TO PROVIDE FEES FOR FISHING TOUR-
4 NAMENT PERMITS; AMENDING SECTION 36-106, IDAHO CODE, TO AUTHORIZE THE
5 DIRECTOR TO DEFINE TERMS; AMENDING SECTION 36-111, IDAHO CODE, TO PROVIDE
6 USE OF MONEYS IN THE FISH AND GAME SET-ASIDE ACCOUNT; AMENDING SECTION
7 36-401, IDAHO CODE, TO DELETE AN EXCEPTION TO THE LICENSE REQUIREMENT FOR
8 RESIDENT MILITARY PERSONNEL; AMENDING SECTION 36-404, IDAHO CODE, TO PRO-
9 VIDE FOR A NONRESIDENT COMBINATION HUNTING AND FISHING LICENSE; AMENDING
10 SECTION 36-405, IDAHO CODE, TO INCREASE THE FEE FOR A DUPLICATE LICENSE
11 AND TO DELETE A REFERENCE TO SENIOR RESIDENT LICENSE; AMENDING SECTION
12 36-406, IDAHO CODE, TO PROVIDE FOR LICENSES AND TO PROVIDE FEE FORMULAS
13 FOR RESIDENT LICENSES; AMENDING SECTION 36-406A, IDAHO CODE, TO PROVIDE A
14 FEE FORMULA; AMENDING SECTION 36-407, IDAHO CODE, TO PROVIDE FEE FORMULAS
15 FOR NONRESIDENT LICENSES AND TO PROVIDE FOR A NONRESIDENT COMBINATION
16 LICENSE; AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE HALF PRICE GAME
17 TAGS FOR ELIGIBLE RESIDENTS, SENIOR AND JUNIOR LICENSE HOLDERS, TO PROVIDE
18 GAME TAG FEES, TO PROVIDE GAME TAG FEES AND FEE FORMULAS, TO PROVIDE A
19 NONRESIDENT HOUND HUNTER PERMIT AND FEE, TO PROVIDE A BEAR BAITING PERMIT
20 AND FEE AND TO PROVIDE A MIGRATORY BIRD HARVEST INFORMATION PROGRAM PERMIT
21 AND FEE; AMENDING SECTION 36-410, IDAHO CODE, TO PROVIDE A FEE FORMULA;
22 AMENDING SECTION 36-414, IDAHO CODE, TO PROVIDE MIGRATORY WATERFOWL PER-
23 MITS AND PRINTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
24 36-501, IDAHO CODE, TO PROVIDE FEE FORMULAS; AMENDING SECTION 36-602,
25 IDAHO CODE, TO PROVIDE FEE FORMULAS AND FEES; AMENDING SECTION 36-701,
26 IDAHO CODE, TO PROVIDE FEE FORMULAS AND FEES FOR WILDLIFE IMPORT, EXPORT
27 AND RELEASE PERMITS AND CAPTIVE WILDLIFE PERMITS; AMENDING SECTION 36-703,
28 IDAHO CODE, TO PROVIDE A FEE FORMULA; AMENDING SECTION 36-706, IDAHO CODE,
29 TO PROVIDE A FEE; AMENDING SECTION 36-712, IDAHO CODE, TO PROVIDE A FEE;
30 AMENDING SECTION 36-713, IDAHO CODE, TO DELETE AN ADMINISTRATIVE FEE AND
31 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-802, IDAHO CODE, TO
32 PROVIDE FEE FORMULAS AND FEES; AMENDING SECTION 36-904, IDAHO CODE, TO
33 PROVIDE A FEE; AMENDING SECTION 36-905, IDAHO CODE, TO PROVIDE A FEE;
34 AMENDING SECTION 36-1102, IDAHO CODE, TO PROVIDE FEES; AMENDING SECTION
35 36-1104, IDAHO CODE, TO PROVIDE A FEE; AMENDING SECTION 36-1104A, IDAHO
36 CODE, TO PROVIDE A FEE; AMENDING SECTION 36-2205, IDAHO CODE, TO PROVIDE A
37 FEE; AMENDING SECTION 36-2206, IDAHO CODE, TO PROVIDE A FEE; AMENDING SEC-
38 TION 36-2207, IDAHO CODE, TO PROVIDE A FEE; DECLARING AN EMERGENCY AND
39 PROVIDING AN EFFECTIVE DATE.
40 Be It Enacted by the Legislature of the State of Idaho:
41 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization --
1 Meetings. The members of the commission shall annually meet at their offices
2 in the city of Boise and organize by electing from their membership a chair-
3 man, who shall hold office for a period of one (1) year, or until his succes-
4 sor has been duly elected. In addition to the regular annual meeting, to be
5 held in January, said commission shall hold other regular quarterly meetings
6 in April, July and October of each year at such places within the state as the
7 commission shall select for the transaction of business. Special meetings may
8 be called at any time and place by the chairman or a majority of the members
9 of the commission. Notice of the time, place and purpose of any and all spe-
10 cial meetings shall be given by the secretary to each member of the commission
11 prior to said meeting.
12 (b) Authorization for Commission Powers and Duties. For the purpose of
13 administering the policy as declared in section 36-103, Idaho Code, the com-
14 mission is hereby authorized and empowered to:
15 1. Investigate and find facts regarding the status of the state's wild-
16 life populations in order to give effect to the policy of the state here-
17 inbefore announced.
18 2. Hold hearings for the purpose of hearing testimony, considering evi-
19 dence and determining the facts as to when the supply of any of the wild-
20 life in this state will be injuriously affected by the taking thereof, or
21 for the purpose of determining when an open season may be declared for the
22 taking of wildlife. Whenever said commission determines that the supply of
23 any particular species of wildlife is being, or will be, during any par-
24 ticular period of time, injuriously affected by depletion by permitting
25 the same to be taken, or if it should find a longer or different season,
26 or different bag limit should be adopted for the better protection
27 thereof, or if it finds that an open season may be declared without endan-
28 gering the supply thereof, then it shall make a rule or proclamation
29 embodying its findings in respect to when, under what circumstances, in
30 which localities, by what means, what sex, and in what amounts and numbers
31 the wildlife of this state may be taken.
32 3. Whenever it finds it necessary for the preservation, protection, or
33 management of any wildlife of this state, by reason of any act of God or
34 any other sudden or unexpected emergency, declare by temporary rule or
35 proclamation the existence of such necessity, and the cause thereof, and
36 prescribe and designate all affected areas or streams, and close the same
37 to hunting, angling or trapping, or impose such restrictions and condi-
38 tions upon hunting, angling or trapping as said commission shall find to
39 be necessary. Every such temporary rule shall be made in accordance with
40 the provisions of chapter 52, title 67, Idaho Code.
41 4. At any time it shall deem necessary for the proper management of wild-
42 life on any game preserve in the state of Idaho, declare an open season in
43 any game preserve as it deems appropriate.
44 5. (A) Upon notice to the public, hold a public drawing giving to
45 license holders, under the wildlife laws of this state, the privilege
46 of drawing by lot for a controlled hunt permit authorizing the person
47 to whom issued to hunt, kill, or attempt to kill any species of wild
48 animals or birds designated by the commission under such rules as it
49 shall prescribe.
50 (B) The commission may, under rules or proclamations as it may pre-
51 scribe, authorize the director to issue additional controlled hunt
52 permits and collect fees therefor authorizing owners, lessees in con-
53 trol of land valuable for habitat or propagation purposes of deer,
54 elk or antelope, or members of their immediate families, to hunt
55 deer, elk or antelope in controlled hunt units containing the eligi-
1 ble land owned or controlled by those individuals in areas where per-
2 mits for deer, elk or antelope are limited.
3 (C) A nonrefundable fee of five ten dol-
4 lars ($ 5 10 .00) shall be charged each appli-
5 cant for a controlled hunt permit; provided however, there shall be
6 no fees charged for controlled hunt permits subsequently issued to
7 successful applicants. Additionally, a fee may be charged for tele-
8 phone and credit card orders in accordance with subsection (e)11. of
9 section 36-106, Idaho Code. The department shall include a checkoff
10 form to allow applicants to designate one dollar ($1.00) of such
11 five dollar ($5.00) fee for transmittal to the reward
12 fund of citizens against poaching, inc., an Idaho nonprofit corpora-
13 tion. From the net proceeds generated by the nonrefundable fee, the
14 director shall transfer from the fish and game account to the big
15 game secondary depredation account each fiscal year an amount that
16 equals two hundred fifty thousand dollars ($250,000) less the amount
17 of earned interest transferred in accordance with section 36-115(b),
18 Idaho Code, or two hundred thousand dollars ($200,000), whichever is
19 less, until the total of all transfers from the fish and game account
20 to the big game secondary depredation account equals one million two
21 hundred fifty thousand dollars ($1,250,000) as certified by the state
22 controller. When the department's total transfers to the big game
23 secondary depredation account equal or exceed one million two hundred
24 fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
25 fundable fee shall be deposited in the fish and game account and none
26 of the net proceeds shall be used to purchase lands.
27 6. Adopt rules pertaining to the importation, exportation, release, sale,
28 possession or transportation into, within or from the state of Idaho of
29 any species of live, native or exotic wildlife or any eggs thereof.
30 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
31 nation, lease, agreement, gift, or other device, lands or waters suitable
32 for the purposes hereinafter enumerated in this paragraph. Whenever the
33 commission proposes to purchase a tract of land in excess of fifteen (15)
34 acres, the commission shall notify the board of county commissioners of
35 the county where this land is located of the intended action. The board of
36 county commissioners shall have ten (10) days after official notification
37 to notify the commission whether or not they desire the commission to hold
38 a public hearing on the intended purchase in the county. The commission
39 shall give serious consideration to all public input received at the pub-
40 lic hearing before making a final decision on the proposed acquisition.
41 Following any land purchase, the fish and game commission shall provide,
42 upon request by the board of county commissioners, within one hundred
43 twenty (120) days, a management plan for the area purchased that would
44 address noxious weed control, fencing, water management and other impor-
45 tant issues raised during the public hearing. When considering purchasing
46 lands pursuant to this paragraph, the commission shall first make a good
47 faith attempt to obtain a conservation easement, as provided in chapter
48 21, title 55, Idaho Code, before it may begin proceedings to purchase,
49 condemn or otherwise acquire such lands. If the attempt to acquire a con-
50 servation easement is unsuccessful and the commission then purchases,
51 condemns or otherwise acquires the lands, the commission shall record in
52 writing the reasons why the attempt at acquiring the conservation easement
53 was unsuccessful and then file the same in its records and in a report to
54 the joint finance-appropriations committee. The commission shall develop,
55 operate, and maintain the lands, waters or conservation easements for said
1 purposes, which are hereby declared a public use:
2 (A) For fish hatcheries, nursery ponds, or game animal or game bird
4 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
5 tion or protection;
6 (C) For public hunting, fishing or trapping areas to provide places
7 where the public may fish, hunt, or trap in accordance with the pro-
8 visions of law, or the regulation of the commission;
9 (D) To extend and consolidate by exchange, lands or waters suitable
10 for the above purposes.
11 8. Enter into cooperative agreements with educational institutions, and
12 state, federal, or other agencies to promote wildlife research and to
13 train students for wildlife management.
14 9. Enter into cooperative agreements with state and federal agencies,
15 municipalities, corporations, organized groups of landowners, associa-
16 tions, and individuals for the development of wildlife rearing, propagat-
17 ing, management, protection and demonstration projects.
18 10. In the event owners or lawful possessors of land have restricted the
19 operation of motor-propelled vehicles upon their land, the commission,
20 upon consultation with all other potentially affected landowners, and hav-
21 ing held a public hearing, if requested by not less than ten (10) resi-
22 dents of any county in which the land is located, may enter into coopera-
23 tive agreements with those owners or possessors to enforce those restric-
24 tions when the restrictions protect wildlife or wildlife habitat. Pro-
25 vided, however, the commission shall not enter into such agreements for
26 lands which either lie outside or are not adjacent to any adjoining the
27 proclaimed boundaries of the national forests in Idaho.
28 (A) The landowners, with the assistance of the department, shall
29 cause notice of the restrictions, including the effective date
30 thereof, to be posted on the main traveled roads entering the areas
31 to which the restrictions apply. Provided, however, that nothing in
32 this subsection shall allow the unlawful posting of signs or other
33 information on or adjacent to public highways as defined in subsec-
34 tion (5) of section 40-109, Idaho Code.
35 (B) Nothing in this section authorizes the establishment of any
36 restrictions that impede normal forest or range management opera-
38 (C) No person shall violate such restrictions on the use of motor-
39 propelled vehicles or tear down or lay down any fencing or gates
40 enclosing such a restricted area or remove, mutilate, damage or
41 destroy any notices, signs or markers giving notice of such restric-
42 tions. The commission may promulgate rules to administer the restric-
43 tions and cooperative agreements addressed in this subsection.
44 11. Capture, propagate, transport, buy, sell or exchange any species of
45 wildlife needed for propagation or stocking purposes, or to exercise con-
46 trol of undesirable species.
47 12. Adopt rules pertaining to the application for, issuance of and admin-
48 istration of a lifetime license certificate system.
49 13. Adopt rules governing the application and issuance of permits for and
50 administration of fishing contests on waters under the jurisdiction of the
51 state. The fee for each permit shall be based upon a determination
52 of the primary purpose by the applicant and based upon that determination
53 shall be equivalent to the fee as provided in section 36-701(e), Idaho
55 14. Adopt rules governing the application for and issuance of licenses by
1 telephone and other electronic methods.
2 (c) Limitation on Powers. Nothing in this title shall be construed to
3 authorize the commission to change any penalty prescribed by law for a viola-
4 tion of its provisions, or to change the amount of license fees or the author-
5 ity conferred by licenses prescribed by law.
6 (d) Organization of Work. The commission shall organize the department,
7 in accordance with the provisions of title 67, Idaho Code, into administrative
8 units as may be necessary to efficiently administer said department. All
9 employees of the department except the director shall be selected and
10 appointed by the director in conformance with the provisions of chapter 53,
11 title 67, Idaho Code.
12 SECTION 2. That Section 36-106, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director
15 Created. The commission shall appoint a director of the department of fish and
16 game, hereinafter referred to as the director, who shall be a person with
17 knowledge of, and experience in, the requirements for the protection, conser-
18 vation, restoration, and management of the wildlife resources of the state.
19 The director shall not hold any other public office, nor any office in any
20 political party organization, and shall devote his entire time to the service
21 of the state in the discharge of his official duties, under the direction of
22 the commission.
23 (b) Secretary to Commission. The director or his designee shall serve as
24 secretary to the commission.
25 (c) Compensation and Expenses. The director shall receive such compensa-
26 tion as the commission, with the concurrence and approval of the governor, may
27 determine and shall be reimbursed at the rate provided by law for state
28 employees for all actual and necessary traveling and other expenses incurred
29 by him in the discharge of his official duties.
30 (d) Oath and Bond. Before entering upon the duties of his office, the
31 director shall take and subscribe to the official oath of office, as provided
32 by section 59-401, Idaho Code, and shall, in addition thereto, swear and
33 affirm that he holds no other public office, nor any position under any polit-
34 ical committee or party. Such oath, or affirmation, shall be signed in the
35 office of the secretary of state.
36 The director shall be bonded to the state of Idaho in the time, form and
37 manner prescribed by chapter 8, title 59, Idaho Code.
38 (e) Duties and Powers of Director.
39 1. The director shall have general supervision and control of all activi-
40 ties, functions, and employees of the department of fish and game, under
41 the supervision and direction of the commission, and shall enforce all the
42 provisions of the laws of the state, and rules and proclamations of the
43 commission relating to wild animals, birds, and fish and, further, shall
44 perform all the duties prescribed by section 67-2405, Idaho Code, and
45 other laws of the state not inconsistent with this act, and shall exercise
46 all necessary powers incident thereto not specifically conferred on the
48 2. The director is hereby authorized to appoint as many classified
49 employees as the commission may deem necessary to perform administrative
50 duties, to enforce the laws and to properly implement management, propaga-
51 tion, and protection programs established for carrying out the purposes of
52 the Idaho fish and game code.
53 3. The appointment of such employees shall be made by the director in
1 accordance with the Idaho personnel commission act and rules promulgated
2 pursuant to chapter 53, title 67, Idaho Code, and they shall be compen-
3 sated as provided therein. Said employees shall be bonded to the state of
4 Idaho in the time, form, and manner prescribed by chapter 8, title 59,
5 Idaho Code.
6 4. The director is hereby authorized to establish and maintain fish
7 hatcheries for the purpose of hatching, propagating, and distributing all
8 kinds of fish.
9 5. (A) The director, or any person appointed by him in writing to do so,
10 may take wildlife of any kind, dead or alive, or import the same,
11 subject to such conditions, restrictions and regulations as he may
12 provide, for the purpose of inspection, cultivation, propagation,
13 distribution, scientific or other purposes deemed by him to be of
14 interest to the fish and game resource of the state.
15 (B) The director shall have supervision over all of the matters per-
16 taining to the inspection, cultivation, propagation and distribution
17 of the wildlife propagated under the provisions of title 36, Idaho
18 Code. He shall also have the power and authority to obtain, by pur-
19 chase or otherwise, wildlife of any kind or variety which he may deem
20 most suitable for distribution in the state and may have the same
21 properly cared for and distributed throughout the state of Idaho as
22 he may deem necessary.
23 (C) The director is hereby authorized to issue a license/tag/permit
24 to a nonresident landowner who resides in a contiguous state for the
25 purpose of taking one (1) animal during an emergency depredation hunt
26 which includes the landowner's Idaho property subject to such condi-
27 tions, restrictions or regulations as the director may provide. The
28 fee for this license/tag/permit shall be equal to the costs of a res-
29 ident hunting license, a resident tag fee and a resident depredation
31 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to
32 the contrary, on and after the effective date of this act, the direc-
33 tor shall not expend any funds, or take any action, or authorize any
34 employee or agent of the department or other person to take any
35 action, to undertake actual transplants of bighorn sheep into areas
36 they do not now inhabit or to augment the number of bighorn sheep in
37 existing herds until:
38 (i) The boards of county commissioners of the counties in
39 which the release is proposed to take place have been given rea-
40 sonable notice of the proposed release.
41 (ii) The affected federal and state land grazing permittees and
42 owners or leaseholders of private land in or contiguous to the
43 proposed release site have been given reasonable notice of the
44 proposed release.
45 (iii) The president pro tempore of the senate and the speaker of
46 the house of representatives have received from the director a
47 plan for the forthcoming year that details, to the best of the
48 department's ability, the proposed transplants which shall
49 include the estimated numbers of bighorn sheep to be trans-
50 planted and a description of the areas the proposed transplant
51 or transplants are planned for.
52 Upon request, the department shall grant one (1) hearing per
53 transplant if any affected individual or entity expresses written
54 concern within ten (10) days of notification regarding any trans-
55 plants of bighorn sheep and shall take into consideration these con-
1 cerns in approving, modifying or canceling any proposed bighorn sheep
2 transplant. Any such hearing shall be held within thirty (30) days of
3 the request. Upon any transplant of bighorn sheep into areas they do
4 not now inhabit or a transplant to augment existing populations, the
5 department shall provide for any affected federal or state land graz-
6 ing permittees or owners or leaseholders of private land a written
7 letter signed by all federal, state and private entities responsible
8 for the transplant stating that the existing sheep or livestock oper-
9 ations in the area of any such bighorn sheep transplant are recog-
10 nized and that the potential risk, if any, of disease transmission
11 and loss of bighorn sheep when the same invade domestic livestock or
12 sheep operations is accepted.
13 6. (A) The director shall have the power, at any time when it is desired
14 to introduce any new species, or if at any time any species of wild-
15 life of the state of Idaho shall be threatened with excessive shoot-
16 ing, trapping, or angling or otherwise, to close any open season for
17 such time as he may designate; in the event an emergency is declared
18 to exist such closure shall become effective forthwith upon written
19 order of the director; in all other cases upon publication and post-
20 ing as provided in section 36-105, Idaho Code.
21 (B) In order to protect property from damage by wildlife, the fish
22 and game commission may delegate to the director or his designee the
23 authority to declare an open season upon that particular species of
24 wildlife to reduce its population. The director or his designee shall
25 make an order embodying his findings in respect to when, under what
26 circumstances, in which localities, by what means, and in what
27 amounts, numbers and sex the wildlife subject to the hunt may be
28 taken. In the event an emergency is declared to exist such open sea-
29 son shall become effective forthwith upon written order of the direc-
30 tor or his designee; in all other cases upon publication and posting
31 as provided in section 36-105, Idaho Code.
32 (C) Any order issued under authority hereof shall be published in at
33 least one (1) newspaper of general circulation in the area affected
34 by the order for at least once a week for two (2) consecutive weeks,
35 and such order shall be posted in public places in each county as the
36 director may direct.
37 (D) During the closure of any open season or the opening of any spe-
38 cial depredation season by the director all provisions of laws relat-
39 ing to the closed season or the special depredation season on such
40 wildlife shall be in force and whoever violates any of the provisions
41 shall be subject to the penalties prescribed therefor.
42 (E) Prior to the opening of any special depredation hunt, the direc-
43 tor or his designee shall be authorized to provide up to a maximum of
44 fifty percent (50%) of the available permits for such big game to the
45 landholder(s) of privately owned land within the hunt area or his
46 designees. If the landholder(s) chooses to designate hunters, he must
47 provide a written list of the names of designated individuals to the
48 department. If the landholder(s) fails to designate licensed hunters,
49 then the department will issue the total available permits in the
50 manner set by rule. All hunters must have a current hunting license
51 and shall have equal access to both public and private lands within
52 the hunt boundaries. It shall be unlawful for any landholder(s) to
53 receive any form of compensation from a person who obtains or uses a
54 depredation controlled hunt permit.
55 7. The director shall make an annual report to the governor, the legisla-
1 ture, and the secretary of state, of the doings and conditions of his
2 office, which report shall be made in accordance with section 67-2509,
3 Idaho Code.
4 8. The director may sell or cause to be sold publications and materials
5 in accordance with section 59-1012, Idaho Code.
6 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or
7 transported by the department of fish and game shall be tested for the
8 presence of certain communicable diseases that can be transmitted to
9 domestic livestock. Those communicable diseases to be tested for shall be
10 arrived at by mutual agreement between the department of fish and game and
11 the department of agriculture. Any moneys expended by the department of
12 fish and game on wildlife disease research shall be mutually agreed upon
13 by the department of fish and game and the department of agriculture.
14 In addition, a comprehensive animal health program for all deer, elk,
15 antelope, moose, bighorn sheep, or bison imported into, transported, or
16 resident within the state of Idaho shall be implemented after said program
17 is mutually agreed upon by the department of fish and game and the depart-
18 ment of agriculture.
19 In order to enhance and protect the health of wildlife within the
20 state, as well as safeguard the health of livestock resources, the direc-
21 tor of the department of agriculture shall employ at least one (1) veteri-
22 narian licensed in Idaho whose duties shall include, but not be limited
23 to, addressing wildlife disease issues and coordinating disease prevention
24 work between the department of fish and game and the department of agri-
25 culture. The employing of said veterinarian shall be by mutual agreement
26 of the director of the department of fish and game and of the director of
27 the department of agriculture. The veterinarian shall be on the staff of
28 the division of animal industries, department of agriculture. The salary
29 or compensation to be paid said veterinarian or veterinarians shall be
30 divided equally between the department of fish and game and the department
31 of agriculture, and the department of fish and game's portion shall be
32 deposited directly into the livestock disease control account. The veteri-
33 narian shall be employed on and after July 1, 1989.
34 10. In order to monitor and evaluate the disease status of wildlife and to
35 protect Idaho's livestock resources, any suspicion by fish and game per-
36 sonnel of a potential communicable disease process in wildlife shall be
37 reported within twenty-four (24) hours to the department of agriculture.
38 All samples collected for disease monitoring or disease evaluation of
39 wildlife shall be submitted to the division of animal industries, depart-
40 ment of agriculture.
41 11. (A) The director is authorized to enter into an agreement with an
42 independent contractor for the purpose of providing a telephone order
43 and credit card payment service for controlled hunt permits,
44 licenses, tags, and permits.
45 (B) The contractor may collect a fee for its service in an amount to
46 be set by contract.
47 (C) All moneys collected for the telephone orders of such licenses,
48 tags, and permits shall be and remain the property of the state, and
49 such moneys shall be directly deposited by the contractor into the
50 state treasurer's account in accordance with the provisions of sec-
51 tion 59-1014, Idaho Code. The contractor shall furnish a good and
52 sufficient surety bond to the state of Idaho in an amount sufficient
53 to cover the amount of the telephone orders and potential refunds.
54 (D) The refund of moneys for unsuccessful controlled hunt permit
55 applications and licenses, tags, and permits approved by the depart-
1 ment may be made by the contractor crediting the applicant's or
2 licensee's credit card account.
3 12. The director may define activities or facilities that primarily
4 provide a benefit: to the department; to a person; for personal use; to a
5 commercial enterprise; or for a commercial purpose.
6 SECTION 3. That Section 36-111, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-111. FISH AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established
9 the fish and game set-aside account in the dedicated fund. The account shall
10 have paid into it moneys as follows:
11 (a) Three dollars ($3.00) of each steelhead trout or anadromous salmon
12 permit sold. Moneys from this source shall be used for the acquisition,
13 development and maintenance of parking areas, access sites, boat ramps and
14 sanitation facilities in salmon and steelhead fishing areas, for manage-
15 ment of and research on steelhead trout and anadromous salmon problems,
16 and for technical assistance with litigation concerning steelhead and
17 anadromous salmon originating in Idaho.
18 (b) Two dollars ($2.00) from each combination hunting and fishing
19 license, or each hunting license sold, as provided in sections 36-406 and
20 36-407, Idaho Code, except that class 4 licenses shall be exempt from this
21 provision. Moneys from this source shall be used for the purposes of
22 acquiring access to and acquiring and rehabilitating big game ranges and
23 upland bird and waterfowl habitats. Unless it is inconsistent with the
24 goals of the commission, it is the intent of the legislature that the com-
25 mission negotiate lease arrangements as compared with outright purchase of
26 private property.
27 (c) One dollar and fifty cents ($1.50) from each antelope, elk and deer
28 tag sold as provided in section 36-409, Idaho Code. Not less than seventy-
29 five cents (75[) of each one dollar and fifty cents ($1.50) collected
30 shall be placed in a separate account to be designated as a feeding
31 account. Moneys in this account shall be used exclusively for the purposes
32 of winter feeding of and rehabilitation of winter range for antelope, elk
33 and deer. The balance of moneys realized from this source may be used for
34 the control of depredation of private property by antelope, elk and deer
35 and control of predators affecting antelope, elk and deer. Moneys in the
36 feeding account shall not be used for any purpose other than winter feed-
37 ing as herein specified until the total funds in the account, including
38 any interest earnings thereon, equal or exceed four hundred thousand dol-
39 lars ($400,000). Moneys in the feeding account may not be expended except
40 upon the declaration of a feeding emergency by the director of the depart-
41 ment of fish and game. Such emergency need not exist on a statewide basis
42 but can be declared with respect to one (1) or more regions of the state.
43 The department shall by rule establish the criteria for a feeding emer-
45 (d) Those amounts designated by individuals in accordance with section
46 63-3067A(c)(i), Idaho Code, and from fees paid under the provisions of
47 section 49-417, Idaho Code. Moneys from these sources shall be used for a
48 nongame management and protection program under the direction of the fish
49 and game commission.
50 (e) All moneys received from the sale of upland game permits. Moneys from
51 this source shall be used as provided by section 36-409(h), Idaho Code.
52 (f) Moneys received from the sale of migratory waterfowl stamps. Moneys
53 received from this source shall be used as provided by section 36-414,
1 Idaho Code.
2 (g) Money derived from the assessment of processing fees. Moneys derived
3 from this source shall be used as provided in section 36-1407, Idaho Code.
4 (2) Moneys in the fish and game set-aside account and the feeding
5 account established in subsection (1)(c) of this section are subject to appro-
6 priation, and the provisions of section 67-3516, Idaho Code are
7 perpetually appropriated to the department and may be expended as directed by
8 the commission to carry out the purposes of this section only . Moneys
9 in the fish and game set-aside account and the feeding account shall be
10 invested by the state treasurer in the manner provided for investment of idle
11 state moneys in the state treasury by section 67-1210, Idaho Code, with inter-
12 est earned on investments from each account to be paid into that account.
13 SECTION 4. That Section 36-401, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 36-401. HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS.
16 No person shall hunt, trap, or fish for or take any wild animal, bird or fish
17 of this state, without first having procured a license as hereinafter pro-
18 vided. Provided that no license shall be required:
19 (a) 1. For children under the age of fourteen (14) years who are resi-
20 dents of this state to fish during the open season therefor.
21 2. For nonresident children under the age of fourteen (14) years to fish
22 during the open season therefor provided they are accompanied by the
23 holder of a valid fishing license, and provided further that any fish
24 caught by such nonresident children shall be included in the bag and pos-
25 session limit of such license holder.
26 3. For resident children under the age of twelve (12) years to hunt, take
27 or kill predatory, unprotected birds and animals by means other than with
29 4. For resident children under the age of fourteen (14) years to trap
30 muskrats from irrigation ditches or property on which they live during the
31 open season.
32 5. For children under the age of eighteen (18) years who are residents of
33 a licensed foster home, a foster group home, or a child welfare institu-
34 tion to fish during the open season therefor, provided they are accompa-
35 nied and supervised by the director, officer, or other employee of the
36 facility where the child resides.
37 (b) For any person to fish on a "free fishing day" as may be designated
38 by the commission.
39 (c) Institutional Inmates. For any inmate of the state hospital north,
40 state hospital south, Idaho state school and hospital, and state veterans
41 homes to fish during open seasons, provided said inmate has a permit therefor
42 from the director. The director is authorized to issue such permits upon the
43 request of the head of the respective institution having custody of said
44 inmate upon a showing that the institution recommends the issuance of such
45 permit and will assume full responsibility for and control over said inmate
46 while using said permit.
47 (d) Resident Military Personnel. For resident persons engaged in
48 the military service of the United States, while on temporary furlough or
49 leave, upon receipt of a temporary permit from the director, to hunt and fish
50 during the open season.
51 (e) State Juvenile Corrections Center Students. For students of
52 the state juvenile corrections center, under the supervision of an officer of
53 the center, to fish during the open season.
1 ( f e ) Boy Scouts. For boy scouts who are offi-
2 cial participants in attendance at national or international encampments at
3 Farragut State Park to take fish during the encampment period from Lake Pend
4 Oreille in such areas and such numbers as may be designated by the commission.
5 ( g f ) Participants in Fish and Game Sponsored
6 Functions. For persons who are official participants in attendance at official
7 department sponsored functions including clinics, courses or other educational
8 events, while under the supervision of a department approved instructor for
9 the function, to fish during any open season, provided that the instructor has
10 been issued an educational fishing permit by the director.
11 ( h g ) Nothing contained herein shall be con-
12 strued to prohibit citizens of the United States who are residents of the
13 state of Idaho from carrying arms for the protection of life and property.
14 SECTION 5. That Section 36-404, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 36-404. CLASSES OF LICENSES. The licenses required by the provisions of
17 this title shall be of eight (8) classes. Licenses of the first five (5) clas-
18 ses mentioned in this section may be purchased or obtained only by persons who
19 meet residency requirements under the provisions of section 36-202(s) and (t),
20 Idaho Code, or who are valid holders of a lifetime license certificate.
21 Class 1: Adult Combination -- Hunting -- Fishing -- Trapping Licenses.
22 Licenses to be issued only to persons who are residents of the state of Idaho.
23 Class 2: Youth Hunting -- Trapping Licenses. (a) Hunting license. Licenses
24 to be issued only to persons who are residents of the state of Idaho and are
25 between twelve (12) and seventeen (17) years of age, inclusive. Provided,
26 that a license may be issued to qualified persons who are eleven (11) years of
27 age to allow the application for a controlled hunt permit; however, said per-
28 sons shall not hunt until they are twelve (12) years of age.
29 (b) Trapping license s . Licenses to be issued only to persons
30 who are residents of the state of Idaho and are seventeen (17) years of age or
32 Class 3: Youth Combination -- Fishing Licenses. Licenses to be issued only
33 to persons who are residents of the state of Idaho between fourteen (14) and
34 seventeen (17) years of age, inclusive.
35 Class 4: Senior Resident Combination License s . Licenses to be
36 issued only to persons over sixty-five (65) years of age who have been bona
37 fide residents of the state of Idaho for a continuous period of not less than
38 five (5) years last preceding application.
39 Class 5: Resident Lifetime Combination -- Hunting -- Fishing License
40 s . Licenses to be issued only to persons who are valid holders of a
41 lifetime license certificate.
42 Class 6: Nonresident Combination -- Hunting -- Fishing --
43 Trapping -- Licenses. Licenses required of persons who are nonresidents.
44 Class 7: Duplicate License -- Tag. A license or tag to be issued as a
45 replacement for an original license or tag lost or mutilated. Said license or
46 tag shall be issued in the same class and type as the original and upon issu-
47 ance of such duplicate license or tag the original license or tag shall become
48 null and void.
49 Class 8: Resident Hunting and Fishing License with Tags, Permits and
50 Stamps. Licenses to be issued only to persons who meet residency requirements
51 under the provisions of section 36-202(s) and (t), Idaho Code.
52 SECTION 6. That Section 36-405, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 36-405. APPLICATION FOR LICENSE -- DUPLICATE LICENSE -- UNLAWFUL PUR-
3 CHASE, POSSESSION, AND USE OF LICENSE. (a) Application Required.
4 1. Any person making application for a senior resident license, or
5 resident license shall provide his Idaho driver's license number as
6 proof of residence, or in the case of nondrivers, other suitable proof of
7 residency, and state the class of license applied for, the name of the
8 applicant, the age of the applicant, his date of birth, his length of res-
9 idence, his current address, and such other information as may be required
10 by the director.
11 2. Any person making application for a duplicate license shall state the
12 type and class of license originally purchased and such other information
13 as may be required by the director.
14 3. No person shall willfully make a false statement as to:
15 (A) Name, age, his date of birth, length of residence or current
16 address when such statement is made for the purpose of obtaining any
18 (B) Type and class of original license purchased when applying for a
19 duplicate license.
20 (b) Loss of License -- New One Required. In case of loss of a license, a
21 new one shall be required to entitle the person who lost the same to hunt,
22 fish or trap. Such person may upon application:
23 1. Purchase a new license at the regular fee; or
24 2. Replace a lost license with a duplicate license for which a fee of
25 two five dollars ($ 2 5
26 .00) shall be charged.
27 3. When a duplicate license has been issued the original license shall
28 become null and void.
29 (c) Unlawful Purchase, Possession and Use of License.
30 1. Every person buying a license must buy a license of the proper type or
31 class according to his residence and age. No person shall purchase or pos-
32 sess a license of the wrong class and such license shall be void and of no
33 effect from the date of issuance.
34 2. No person shall:
35 (A) Acquire more than one (1) regular controlled hunt permit per
36 species or more tags per species than the commission has set a bag
37 limit for that species except as provided in subsection (b) of this
38 section or to have said permits or tags in his possession.
39 (B) Transfer any fishing, hunting, or trapping license to any other
40 person or for any person to make use of such license issued to any
41 other person.
42 SECTION 7. That Section 36-406, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a)
45 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of
46 the first class may be had by a person possessing the qualifications therein
47 described on payment of twenty dollars ($20.00) a fee equal
48 to the product of ninety percent (90%) of the sum of the fees for season hunt-
49 ing and fishing licenses provided in this subsection, rounded to the nearest
50 twenty-five cents (25[) for a combined fishing and hunting license
51 entitling the purchaser to hunt and fish for game animals, game birds, unpro-
52 tected and predatory animals and fish of the state, fifteen
1 twenty-three dollars ($ 15 23 .00) for a fishing
2 license entitling the purchaser to fish in the public waters of the state,
3 six nineteen dollars ($ 6 19
4 .00) for a hunting license entitling the purchaser to hunt game animals,
5 game birds, unprotected and predatory animals of the state, and twenty-
6 five forty dollars ($ 25 40 .00)
7 for a trapping license entitling the purchaser to trap furbearers, unprotected
8 and predatory animals of the state.
9 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class
10 may be had by a person possessing the qualifications therein described on pay-
11 ment of four dollars ($4.00) a fee equal to forty percent
12 (40%) of the fee for a hunting license provided in subsection (a) of this
13 section, rounded to the nearest twenty-five cents (25[), for a hunting
14 license, and five dollars ($5.00) a fee equal to forty per-
15 cent (40%) of the fee for a trapping license provided in subsection (a) of
16 this section, rounded to the nearest twenty-five cents (25[), for a
17 trapping license entitling the purchaser to the same privileges as the corre-
18 sponding license of the first class provides.
19 (c) Youth Combination -- Fishing Licenses. A license of the third class
20 may be purchased by a person possessing the qualifications therein described
21 on payment of ten dollars ($10.00) a fee equal to forty
22 percent (40%) of the fee for a combination license provided for in subsection
23 (a) of this section, rounded to the nearest twenty-five cents (25[),
24 for a combined fishing and hunting license, and seven dollars ($7.00)
25 a fee equal to forty percent (40%) of the fee for a fishing
26 license provided for in subsection (a) of this section, rounded to the nearest
27 twenty-five cents (25[), for a fishing license entitling the purchaser
28 to the same privileges as the corresponding license of the first class pro-
30 (d) Senior Resident Combination. A license of the fourth class may be had
31 by a person possessing the qualifications therein described on payment of
32 three dollars ($3.00) for a combined fishing and hunting license entitling the
33 purchaser to the same privileges as the corresponding license of the first
34 class provides.
35 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of
36 the fifth class may be obtained at no additional charge by a person possessing
37 the qualifications therein described for a combined hunting and fishing
38 license, for a hunting license, or for a fishing license, entitling the person
39 to the same privileges as the corresponding license of the first class pro-
40 vides. Lifetime licensees must be certified under the provisions of section
41 36-411, Idaho Code, before being issued a license to hunt.
42 (f) A license of the eighth class may be had by a person possessing the
43 qualifications therein described on payment of eighty-one dollars
44 ($81.00) a fee equal to sixty-nine percent (69%) of the sum of
45 all the regular fees for the license, tags and permit privileges contained in
46 this license, rounded to the nearest twenty-five cents (25[) entitling
47 the purchaser to hunt and fish for game animals, game birds, fish, and unpro-
48 tected and predatory animals of the state. With payment of the required fee, a
49 person shall receive with this license a deer tag, an elk tag, a bear tag, a
50 turkey tag, a mountain lion tag, an archery hunt permit, a muzzleloader per-
51 mit, an upland game permit, a migratory waterfowl stamp, a steelhead trout
52 permit and an anadromous salmon permit. The director shall promptly transmit
53 to the state treasurer all moneys received pursuant to this subsection for
54 deposit as follows:
55 (i) Three dollars ($3.00) in the set-aside account for the purposes of
1 section 36-111(1)(a), Idaho Code;
2 (ii) Two dollars ($2.00) in the set-aside account for the purposes of
3 section 36-111(1)(b), Idaho Code;
4 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the
5 purposes of section 36-111(1)(c), Idaho Code;
6 (iv) Five dollars ($5.00) in the set-aside account for the purposes of
7 section 36-111(1)(e), Idaho Code;
8 (v) Two dollars ($2.00) in the set-aside account for the purposes of
9 section 36-111(1)(f), Idaho Code; and
10 (vi) The balance in the fish and game account.
11 All persons purchasing a license pursuant to this subsection shall observe
12 and shall be subject to all rules of the commission regarding the fish and
13 wildlife of the state.
14 If the purchaser of this license does not meet the archery education
15 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro-
16 visions of section 36-304, Idaho Code, the archery hunt permit portion of this
17 license is invalid. The fee for this license will not change and the issuer of
18 the license must indicate on the face of the license that the archery permit
19 is invalidated.
20 (g) Disabled Persons. A license of the first class may be had by any res-
21 ident disabled person on payment of three dollars ($3.00) for a combined fish-
22 ing and hunting license entitling the purchaser to the same privileges as the
23 corresponding license of the first class provides. A disabled person means a
24 person who is certified as eligible for federal supplemental security income
25 (SSI); social security disability income (SSDI); a nonservice-connected vet-
26 erans pension; or a service-connected veterans disability benefit with forty
27 percent (40%) or more disability.
28 (h) Military Furlough Combination License. A license of the first
29 class may be had by a resident person engaged in the military service of the
30 United States, while on temporary furlough or leave, possessing the qualifica-
31 tions therein described for a combined fishing and hunting license entitling
32 the purchaser to hunt and fish for game animals, game birds, unprotected and
33 predatory animals and fish of the state for a fee equal to the fee for a youth
34 combination license provided for in subsection (c) of this section.
35 SECTION 8. That Section 36-406A, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 36-406A. TWO POLE VALIDATION. The commission is authorized to promulgate
38 rules specifying seasons and waters where a resident or nonresident may apply
39 for a validation to be placed on their fishing license authorizing the person
40 to use two (2) poles on waters that have been designated as "two pole" waters
41 by commission rule subject to payment of a seven dollar and fifty cent
42 ($7.50) fee equal to fifty percent (50%) of the fee for a fishing
43 license provided in subsection (a) of section 36-406, Idaho Code, rounded to
44 the nearest twenty-five cents (25[) . A person who has a validation may
45 utilize two (2) poles to fish with during the season so specified by commis-
46 sion rule and on the waters so specified by commission rule. The fee
47 imposed by this section shall be deposited in the fish and game account.
49 SECTION 9. That Section 36-407, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 36-407. NONRESIDENT FISHING, HUNTING, AND TRAPPING LICENSES -- FEES --
1 RIGHTS UNDER. Licenses of the sixth class shall be issued to nonresidents in
2 the several kinds and for fees as follows:
3 (a) Nonresident Hunting License. A license issued only to a person twelve
4 (12) years of age or older entitling said person to pursue, hunt, or kill game
5 birds, small game animals, unprotected birds and animals and predatory birds
6 and animals and to purchase game tags as provided in section 36-409(b), Idaho
7 Code. Provided, that a license may be issued to qualified persons who are
8 eleven (11) years of age to allow the application for a controlled hunt per-
9 mit; however, said persons shall not hunt until they are twelve (12) years of
10 age. A license of this kind may be had upon payment of one hundred
11 twenty-five dollars ($1 00 25 ).
12 (b) Nonresident Season Fishing License. A license entitling a person to
13 fish in the public waters of the state. A license of this kind may be had
14 by persons fourteen (14) years of age or older upon payment of
15 fifty seventy-five dollars ($ 7 5 0
17 (c) Nonresident Trapping License. A license entitling a person to trap
18 fur-bearing, unprotected, and predatory animals. A license of this kind may be
19 had upon payment of one hundred and fifty dollars ($150) a
20 fee equal to ten (10) times the fee for an adult trapping license as provided
21 for in subsection (a) of section 36-406, Idaho Code, providing the
22 state of residence of said person grants similar trapping license privileges
23 to residents of Idaho.
24 (d) Nonresident Nongame License. A license entitling a person to carry a
25 shotgun or rifle for the protection of livestock, or to pursue, hunt and kill
26 unprotected birds and animals and predatory birds and animals of this state. A
27 license of this kind may be had by a nonresident person who is twelve (12)
28 years of age or older upon payment of fifteen dollars ($15.00)
29 a fee equal to twenty percent (20%) of the fee for a hunting license
30 provided in subsection (a) of this section, rounded to the nearest twenty-five
31 cents (25[) . This license shall be valid only during the period of Jan-
32 uary 1 to August 31 of the calendar year in which issued, unless verified by
33 the director that the licensee requires such a license to authorize him to
34 carry a shotgun or rifle for the protection of livestock, in which case said
35 license shall be valid until December 31 of the year in which issued.
36 (e) Nonresident Two Day Hunting License. A license issued only to a per-
37 son twelve (12) years of age or older, entitling the person to hunt upland
38 game birds (to include turkeys), migratory game birds, cottontail rabbits, and
39 pygmy rabbits for any two (2) consecutive days. A person holding this license
40 shall purchase the appropriate required tags and permits, and may not hunt
41 pheasants in an area during the first five (5) days of the pheasant season in
42 that area. A license of this type may be had upon payment of fifty-five
43 dollars ($55.00) a fee equal to the product of fifty-five percent
44 (55%) of the fee for a nonresident hunting license provided in subsection (a)
45 of this section rounded to the nearest twenty-five cents (25[) .
46 (f) Falconry Meet Permit. The director may issue a special permit for a
47 regulated meet scheduled for a specific number of days upon payment of
48 ten fifty dollars ($ 1 5 0.00).
49 Only trained raptors may be used under the special permit issued under the
50 provisions of this subsection.
51 (g) Daily Fishing License -- Resident May Purchase. A license entitling a
52 person to fish in the waters of the state on a day-to-day basis. A license of
53 this kind may be had by a resident or nonresident person (the provisions of
54 section 36-405, Idaho Code, notwithstanding), upon payment of six
55 nine dollars ($ 6 9 .00) for the first
1 effective day and three dollars ($3.00) for each consecutive day thereafter.
2 (h) Nonresident Three Day Fishing License with Steelhead or Salmon Per-
3 mit. A license entitling a nonresident to fish in the waters of the state for
4 a period of three (3) consecutive days for steelhead trout or anadromous
5 salmon during an open season for those fish may be had upon payment of
6 thirty dollars ($30.00) a fee equal to the product of fifty-five
7 percent (55%) of the sum of the fees for season fishing licenses provided for
8 in subsection (b) of this section and the steelhead trout permit provided for
9 in section 36-410, Idaho Code, rounded to the nearest twenty-five cents (25[)
10 . The three (3) day license holder may fish for and take one (1)
11 steelhead trout and one (1) anadromous salmon or either two (2) steelhead
12 trout or two (2) anadromous salmon subject to the limitations prescribed in
13 this title and rules promulgated by the commission. A nonresident may purchase
14 as many of the licenses provided in this subsection as he desires provided
15 that the nonresident is otherwise eligible to do so. Moneys collected pursuant
16 to this subsection shall be remitted as specified by law.
17 (i) Nonresident Juvenile Fishing License. A license entitling a nonresi-
18 dent who is fourteen (14) years of age but less than eighteen (18) years of
19 age to fish in the waters of this state at any lawful time and during any open
20 season, except for steelhead trout or anadromous salmon, may be had upon pay-
21 ment of twenty dollars ($20.00) a fee equal to the product
22 of forty percent (40%) of the fee for a nonresident fishing license provided
23 in subsection (b) of this section rounded to the nearest twenty-five cents
24 (25[) . Moneys collected pursuant to this subsection shall be remitted
25 as provided by law.
26 (j) Nonresident Combination License. A license entitling a person
27 to hunt and fish for game animals, game birds, fish, and unprotected and pred-
28 atory animals of the state. A license of this kind may be had by persons
29 twelve (12) years of age or older upon payment of a fee equal to the product
30 of ninety percent (90%) of the sum of the fees for season hunting and fishing
31 licenses provided for in subsections (a) and (b) of this section, rounded to
32 the nearest twenty-five cents (25[). Provided, that a license may be issued
33 to qualified persons who are eleven (11) years of age to allow the application
34 for a controlled hunt permit; however, said persons shall not hunt until they
35 are twelve (12) years of age.
36 SECTION 10. That Section 36-409, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 36-409. GAME TAGS -- ARCHERY PERMITS -- FEES -- PENALTY. (a)
39 Resident Game Tags. A resident who has obtained a permit to hunt, as provided
40 in section 36-401, Idaho Code, or has purchased or obtained a license to hunt,
41 as provided in section 36-406, Idaho Code, upon payment of the fees provided
42 herein shall be eligible to receive a resident game tag to hunt and kill a
43 moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear,
44 or turkey in accordance with the laws of this state and rules promulgated by
45 the commission; provided further, that any person seventy (70) years of age or
46 older who holds a senior resident combination license or any person who
47 holds a youth combination or hunting license , may be issued a bear,
48 deer or elk tag without charge for a fee equal to fifty
49 percent (50%) of the price for the corresponding tag listed in subsection (c)
50 of this section, rounded to the nearest twenty-five cents (25[) ; pro-
51 vided further, that resident game tags may be issued only to those persons who
52 meet residency requirements of subsection (s) of section 36-202, Idaho Code.
53 (b) Nonresident Game Tags. A nonresident who has purchased a
1 license to hunt ing license , as provided in section
2 36-407 (a) , Idaho Code, or has obtained a license to hunt, as pro-
3 vided in section 36-406(e), Idaho Code, upon payment of the fees provided
4 herein, shall be eligible to receive a nonresident tag to hunt and kill a
5 moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear
6 or turkey in accordance with the laws of this state and rules promulgated by
7 the commission.
8 (c) Schedule of Game Tag Fees.
9 Game Resident Nonresident
10 Moose $ 6 15 0.00 $ 9 1,5 00.00
11 Bighorn Sheep 6 15 0.00 9 1,5 00.00
12 Mountain Goat 6 15 0.00 9 1,5 00.00
13 Elk 21.00 27.50 33 1 9 .00
14 Deer 15.00 17.50 23 1 5 .00
15 Antelope 26.50 27.50 2 2 3 5.00
16 Mountain Lion 25.00 17.50 2 2 3 5.00
17 Bear 6.00 17.50 2 2 3 5.00
18 Turkey 6.00 17.50 35 60 .00
19 Deer, Elk and Bear "Pak" 41.00 not applicable
20 (d) Game Tags Required -- To Be Endorsed on License. The appropriate tag
21 must be had for the hunting or taking of each and every one (1) of the afore-
22 mentioned wildlife. Provided, however, that the requirements for a mountain
23 lion tag or a bear tag, as to different periods of time and areas of the
24 state, shall be determined and specified by the commission. All of said tags
25 are to bear and have serial numbers to be endorsed on the purchaser's license
26 by the vendor at the time of sale.
27 (e) Game Tag to Be Validated and Attached to Carcass. As soon as any per-
28 son kills any wildlife for which a tag is required, said tag, belonging to
29 him, must be validated and attached to said wildlife in a manner provided by
30 commission regulation.
31 (f) Archery Permits. In addition to meeting the license and tag require-
32 ments provided in this chapter, any persons participating in any controlled or
33 general game season which has been specifically designated as an archery hunt
34 must have in his possession an archery hunt permit .
35 which may be purchased at a fee of seven dollars and fifty cents ($7.50)
36 For those persons sixteen (16) years of age or older the fee
37 shall be equal to the fee for a resident deer tag as established in subsection
38 (c) of this section. For those persons less than sixteen (16) years of age
39 the fee shall be equal to fifty percent (50%) of the fee for an archery permit
40 for those persons sixteen (16) years of age or older as established in this
41 subsection, rounded to the nearest twenty-five cents (25[) .
42 (g) Muzzleloader Permit. In addition to meeting the license and tag
43 requirements provided in this chapter, any person participating in any con-
44 trolled or general game season which has been specifically designated as a
45 muzzleloader hunt must have in his possession a muzzleloader permit .
46 which may be purchased at a fee of seven dollars and fifty cents
47 ($7.50) For those persons sixteen (16) years of age or older the
48 fee shall be equal to the fee for a resident deer tag as established in sub-
49 section (c) of this section. For those persons less than sixteen (16) years
50 of age the fee shall be equal to fifty percent (50%) of the fee for a
51 muzzleloader permit for those persons sixteen (16) years of age or older as
52 established in this subsection, rounded to the nearest twenty-five cents (25[)
54 (h) Upland Game Bird Stamp Permit . The commis-
55 sion may, under rules as it may prescribe, issue an upland game bird
1 stamp permit that must be purchased by all persons over
2 sixteen (16) years of age prior to hunting upland game birds, provided that a
3 stamp permit shall not be required to hunt forest
4 grouse (blue, ruffed or spruce), sharp-tailed grouse, sage grouse, or turkey.
5 The fee for such a stamp permit shall be five dol-
6 lars ($5.00) and the proceeds from the sale of such stamps
7 permits shall be utilized for the acquisition of state and federal
8 lands or interests of less than fee simple in private lands and the develop-
9 ment, management, improvement, sale or exchange of upland game bird habitat in
10 accordance with Idaho fish and game commission order number 95-07. This sub-
11 section shall be null and void and of no force and effect on and after July 1,
13 (i) Hound Hunter Permit -- Resident -- Nonresident . Any per-
14 son using a dog for the purpose of hunting or for taking, as defined in sec-
15 tion 36-202, Idaho Code, big game or furbearing animals must have in his pos-
16 session a valid hound hunter permit which may be purchased by a resident
17 license holder for a fee of ten dollars ($10.00)
18 equal to the fee for a resident adult hunting license as provided in section
19 36-406(a), Idaho Code, and by a nonresident license holder for a fee equal to
20 the fee for a nonresident hunting license as provided in section 36-407(a),
21 Idaho Code .
22 (j) Nonresident Bird of Prey Capture Permit. The commission may, under
23 rules as it may prescribe, issue a nonresident bird of prey capture permit.
24 This capture permit may be purchased by any licensed, nonresident falconer for
25 capturing birds of prey in Idaho. The fee for the permit shall be one
26 hundred dollars ($100) equal to the fee for a nonresident hunting
27 license as provided in section 36-407(a), Idaho Code, and the permit
28 shall be issued under the condition that the nonresident's home state allows
29 reciprocal raptor capturing privileges for Idaho falconers. Any funds in
30 excess of those required to issue and administer nonresident capture permits
31 shall be used to issue and administer any resident falconry program estab-
32 lished by the commission.
33 (k) Wildlife Management Area (WMA) Pheasant Permit. The commission may,
34 under rules as it may prescribe, issue a wildlife management area pheasant
35 permit that must be purchased by all persons over sixteen (16) years of age
36 prior to hunting pheasants on state wildlife management areas designated by
37 the commission. The fee for the permit shall be ten dollars ($10.00)
38 equal to the fee for a resident youth combination license as pro-
39 vided in section 36-406, Idaho Code.
40 (l) Bear Baiting Permit. The commission may, under rules as it may pre-
41 scribe, issue a bear baiting permit. Any person placing or using bait as may
42 be allowed by rule for the purpose of attracting bear must have in his posses-
43 sion a valid bear baiting permit which may be purchased by a license holder
44 for a fee equal to the fee for a resident adult hunting license as provided in
45 section 36-406(a), Idaho Code.
46 (m) Migratory Bird Harvest Information Program Permit. The commission
47 may, as provided by federal laws or regulations and under rules as it may pre-
48 scribe, issue a migratory bird harvest information program permit that must be
49 purchased by all persons prior to hunting migratory game birds as required by
50 federal law or regulation. The fee for such a permit shall be equal to the
51 fee for a duplicate license as provided in section 36-405, Idaho Code .
52 SECTION 11. That Section 36-410, Idaho Code, be, and the same is hereby
53 amended to read as follows:
1 36-410. STEELHEAD TROUT -- ANADROMOUS SALMON PERMITS. No person shall
2 fish for steelhead trout or anadromous salmon except as herein provided:
3 (a) Permits Required -- Fee. Any person holding a valid fishing or com-
4 bined fishing and hunting license of a class and kind mentioned in section
5 36-406 or in subsection (b) of section 36-407, Idaho Code, may
6 purchase one (1) steelhead trout permit or one (1) anadromous salmon permit at
7 a fee of five dollars ($5.00) equal to forty percent (40%)
8 of the fee for a resident adult fishing license provided in section 36-406,
9 Idaho Code, rounded to the nearest twenty-five cents (25[) for each
10 kind of permit. The person to whom such permits are issued shall then be enti-
11 tled to fish for and take steelhead trout and/or anadromous salmon subject to
12 the limitations prescribed in this title and regulations
13 rules promulgated by the commission. Permits shall be valid only during
14 the period of time that the corresponding basic license is valid.
15 (b) Unlicensed Resident. Bona fide residents of Idaho who are expressly
16 exempt from license requirements to fish in the public waters of the state may
17 choose one (1) of the following options:
18 1. Purchase and use such permits as an individual; or
19 2. May fish for and take steelhead trout and/or anadromous salmon without
20 having permits therefor if accompanied by a properly licensed permit
21 holder, provided that any such fish caught shall be included in the daily,
22 seasonal and possession limit of the accompanying licensed permit holder.
23 (c) Unlicensed Nonresident Children. Unlicensed nonresident children
24 under the age of fourteen (14) years shall not be eligible to obtain a
25 steelhead trout or anadromous salmon permit, but may take such fish if accom-
26 panied by a holder of a valid license and permit, provided that any steelhead
27 trout or anadromous salmon caught by such children shall be included in the
28 daily, seasonal and possession limit of the accompanying licensed permit
30 SECTION 12. That Section 36-414, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 36-414. MIGRATORY WATERFOWL STAMP PERMIT --
33 PRINTS -- MIGRATORY WATERFOWL ART COMMITTEE. (1) As used in this section:
34 (a) "Migratory waterfowl" means members of the family Anatidae, including
35 brants, ducks and geese.
36 (b) "Migratory waterfowl art committee" means the committee created in
37 subsection (5) of this section.
38 (c) "Migratory waterfowl stamp permit " means
39 the stamp permit that is required pursuant to
40 this section to be in the possession of persons over sixteen (16) years of
41 age to hunt migratory waterfowl.
42 (d) "Prints and artwork" mean s replicas of the original
43 stamp permit design that are sold to the general
44 public. Prints and artwork are not to be construed to be the migratory
45 waterfowl stamp permit that is required pursuant
46 to this section. Artwork may be any facsimile of the original stamp
47 permit design, including color renditions, metal
48 duplications or any other kind of design.
49 (2) A state migratory waterfowl stamp permit is
50 required to hunt migratory waterfowl. The fee for the stamp
51 permit is five dollars ($5.00). The migratory waterfowl stamp
52 shall be required in the hunting season starting not later than the fall of
53 1987. The stamp shall be sold pursuant to the procedures contained in chapter
1 3, title 36, Idaho Code.
2 (3) No person over sixteen (16) years of age shall hunt any migratory
3 waterfowl without first obtaining a migratory waterfowl stamp
4 permit as required in this section.
5 (4) The migratory waterfowl stamp permit to be
6 produced by the department shall may use the design
7 as provided by the migratory waterfowl art committee. All revenue derived from
8 the sale of the permit and any collector stamps by the department
9 shall be deposited in the fish and game set-aside account and shall be used
10 only for the cost of printing and production of the stamp and for those migra-
11 tory waterfowl projects specified by the director of the department for the
12 acquisition , management and development of migratory waterfowl
13 habitat in the state. Acquisition shall include, but not be limited to, the
14 acceptance of gifts of real property or any interest therein or the rental,
15 lease or purchase of real property or any interest therein. If the department
16 acquires any fee interest, leasehold or rental interest in real property under
17 this section, it shall allow the general public reasonable access to that
18 property and shall, if appropriate, insure that the deed or other instrument
19 creating the interest allows this access to the general public. If the depart-
20 ment obtains a covenant in real property in its favor or an easement or any
21 other interest in real property under this section, it shall exercise its
22 best efforts to insure that the deed or other instrument creating the interest
23 grants to the general public in the form of a covenant running with the land
24 reasonable access to the property. The private landowner from whom the depart-
25 ment obtains such a covenant or easement shall retain the right of granting
26 access to the lands by written permission.
27 The department may produce migratory waterfowl stamps in any given year in
28 excess of those necessary for sale in that year. The excess stamps may be sold
29 to the migratory waterfowl art committee for sale to the public.
30 (5) There is hereby created a migratory waterfowl art committee which
31 shall be composed of seven (7) members. The committee shall consist of one (1)
32 member appointed by the governor, four (4) members appointed by the director
33 of the department, one (1) member appointed by the Idaho commission on the
34 arts, and one (1) member appointed by the director of the department of agri-
35 culture. The member appointed by the Idaho commission on the arts shall be
36 knowledgeable in the area of fine art reproduction. The member appointed by
37 the director of the department of agriculture shall represent statewide farm-
38 ing interest. The members appointed by the governor and the director of the
39 department shall be knowledgeable about waterfowl and waterfowl management.
40 The four (4) members appointed by the director of the department shall also
41 represent respectively:
42 (a) A northern Idaho sports group;
43 (b) A southern Idaho sports group;
44 (c) A group with a major interest in the conservation and propagation of
45 migratory waterfowl; and
46 (d) A statewide conservation organization.
47 (6) The members of the committee shall serve three (3) year staggered
48 terms and at the expiration of their terms shall serve until qualified succes-
49 sors are appointed. Of the seven (7) members, two (2) shall serve initial
50 terms of four (4) years, two (2) shall serve initial terms of three (3) years,
51 and three (3) shall serve initial terms of two (2) years. The appointees of
52 the governor and the director of the department of agriculture shall serve the
53 initial terms of four (4) years. The appointees of the commission on the arts
54 and one (1) of the appointees of the director of the department of fish and
55 game shall serve the initial terms of two (2) years. Vacancies shall be filled
1 for unexpired terms consistent with this subsection. A chairman shall be
2 elected annually by the committee. The committee shall review the director's
3 expenditures of the previous year of both the stamp permit
4 money and the prints and related artwork money. Members of the commit-
5 tee shall be compensated as provided in section 59-509(a), Idaho Code.
6 (7) The committee is responsible for the selection of the annual migra-
7 tory waterfowl stamp print design and shall provide
8 the design to the department. If the committee does not perform this duty
9 within the time frame necessary to achieve proper and timely distribution of
10 the stamps to license vendors prints , the director
11 shall initiate the artwork selection for that year. The committee shall create
12 collector art prints and related artwork, utilizing the same design as pro-
13 vided to the department. The administration, sale, distribution and other mat-
14 ters relating to the prints and sales of stamps with prints and related
15 artwork shall be the responsibility of the migratory waterfowl art committee.
16 (8) The total amount of moneys brought in from the sale of prints,
17 stamps, and related artwork shall be deposited in the fish and game set-aside
18 account. The costs of producing and marketing of prints and related artwork,
19 including administrative expenses mutually agreed upon by the committee and
20 the director shall be paid out of the total amount of moneys brought in from
21 sale of those same items. Net funds derived from the sale of prints and
22 related artwork shall be expended as follows:
23 (a) Twenty percent (20%) of the funds shall be provided by the director
24 of the department to an appropriate nonprofit entity or wildlife conserva-
25 tion agency for the development of migratory waterfowl propagation proj-
26 ects within the provinces of Alberta and British Columbia in Canada.
27 (b) Eighty percent (80%) of the funds shall be used by the director of
28 the department for the acquisition and development of waterfowl propaga-
29 tion projects within Idaho.
30 (c) The migratory waterfowl art committee shall have a periodic audit of
31 its finances conducted by the legislative services office or its successor
32 agency and shall furnish a copy of the audit to the fish and game commis-
33 sion and the senate resources and environment committee and the house of
34 representatives resources and conservation committee.
35 SECTION 13. That Section 36-501, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No
38 person shall sell or buy any species of wildlife or parts thereof except as
39 hereinafter provided.
40 (a) Sale of Unprotected Wildlife. The sale of legally taken species of
41 wildlife classified as unprotected by law shall be lawful.
42 (b) Sale of Game Animals. The sale of legally taken hides, horns, or
43 heads of game animals, when detached from the carcass, and mounted wildlife,
44 where sale is not specifically prohibited by federal statute or regulation or
45 state statutes, shall be lawful only when the wildlife to be sold is accompa-
46 nied by a statement showing that the animals were lawfully taken. It shall be
47 lawful to possess or sell naturally shed antlers or horns of deer, elk, moose,
48 antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope
49 and mountain goat which have died from natural causes.
50 (c) Sale of Furbearers. The sale of pelts and parts of furbearers when
51 legally taken shall be lawful.
52 (d) Sale of Seized Wildlife. The sale and purchase of court confiscated,
53 abandoned, or unclaimed wildlife shall be lawful when made in accordance with
1 the provisions of section 36-1304, Idaho Code.
2 (e) Sale of Commercially Raised or Harvested Wildlife. The sale of wild-
3 life legally raised or harvested commercially by properly licensed commercial
4 operations, if required to be licensed, shall be lawful except as provided by
5 rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions
6 of this section shall not apply to domestic fur-bearing animals as defined in
7 chapter 30, title 25, Idaho Code.
8 (f) Sale of Steelhead Trout.
9 1. Any person holding a wholesale steelhead trout buyer's license may
10 purchase or sell steelhead trout in the state of Idaho that have been
11 taken by Indian fishermen lawfully exercising fishing rights reserved by
12 federal statute, treaty or executive order, provided that the Indian fish-
13 erman is an enrolled member of the tribe holding such rights and the code
14 of such tribe authorizes such sales. A wholesale license is necessary to
15 purchase steelhead trout directly from Indian fishermen or from any other
16 seller whose principal place of business is located outside of the state
17 of Idaho.
18 2. Any person holding a retail steelhead trout buyer's license may pur-
19 chase steelhead trout in the state of Idaho from an Idaho licensed whole-
20 sale steelhead trout buyer, or from any Indian fisherman lawfully exercis-
21 ing fishing rights authorized by federal statute, treaty, or executive
22 order. A licensed retail steelhead trout buyer may sell steelhead trout
23 directly to the consumer or to an establishment that prepares steelhead
24 trout for consumption.
25 3. Establishments that prepare steelhead trout for consumption must pos-
26 sess a wholesale or retail steelhead trout buyer's license; however, these
27 licensed establishments may purchase steelhead trout from either wholesale
28 or retail licensed steelhead trout buyers.
29 4. The fee for a wholesale license shall be fifty dollars ($50.00)
30 equal to fifty percent (50%) of the fee for a resident com-
31 mercial fishing license as provided in section 36-802, Idaho Code,
32 per year. The fee for a retail license shall be ten dollars ($10.00)
33 equal to ten percent (10%) of the fee for a resident commer-
34 cial fishing license as provided in section 36-802, Idaho Code, per
35 year. All fees collected pursuant to this subsection shall be deposited
36 in the fish and game account created pursuant to section 36-107, Idaho
37 Code. These licenses shall expire December 31 of the year for which they
38 are valid.
39 5. No license is required for any person purchasing steelhead trout for
40 personal consumption from a licensed wholesale or retail steelhead trout
41 buyer or from an Indian fisherman lawfully exercising fishing rights
42 authorized by federal statute, treaty, executive order, or tribal code or
44 6. Purchases or sales under this section shall be made under conditions
45 and reporting requirements prescribed by commission regulation, provided
46 that said conditions and reporting requirements are limited to those nec-
47 essary to identify the source of steelhead purchased.
48 Any person violating the provisions of this subsection shall be found guilty
49 as provided in section 36-1401, Idaho Code, and shall be punished as set forth
50 in section 36-1402, Idaho Code.
51 (g) Commission May Permit Sales. The commission may, by rule, permit the
52 sale of other parts of wildlife when such sale will not injuriously affect the
53 species permitted.
54 SECTION 14. That Section 36-602, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 36-602. LICENSE FEES -- EXPIRATION. (a) Resident Taxidermist License. A
3 fee of ten thirty-one dollars ($ 3 1
4 0 .00) shall be charged for a resident taxidermist license.
5 (b) Nonresident Taxidermist License. Nonresidents shall pay an
6 amount equal to that charged Idaho residents in the state of the applicant for
7 a nonresident fur buyer's license. In no case shall this amount be less than
8 forty dollars ($40.00) an amount equal to four (4) times the fee
9 for a resident license provided in subsection (a) of this section, rounded to
10 the nearest twenty-five cents (25[) . The department shall promulgate
11 rules implementing the provisions of this section.
12 (c) Resident Fur Buyer ' s License. A fee of five
13 sixteen dollars ($ 5 16 .00) shall be
14 charged for a resident fur buyer ' s license.
15 (d) Nonresident Fur Buyer ' s License. Nonresidents shall pay
16 an amount equal to that charged Idaho residents in the state of the
17 applicant for a nonresident fur buyer's license. In no case shall this amount
18 be less than twenty dollars ($20.00) an amount equal to four (4)
19 times the fee for a resident license provided in subsection (c) of this sec-
20 tion, rounded to the nearest twenty-five cents (25[) . The department
21 shall promulgate rules implementing the provisions of this section.
22 (e) The expiration date for such licenses shall be June 30 next following
23 the date of issuance.
24 SECTION 15. That Section 36-701, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL --
27 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
28 any species of big game animal found wild in this state, unless the person has
29 been issued a license or permit by the director as hereinafter provided.
30 (b) All other species of mammals, birds or reptiles that are found in the
31 wild in this state and are not species of special concern or threatened and
32 endangered species, may be held in captivity without permit so long as the
33 possessor retains proof that such wildlife was lawfully obtained. Such proof
34 shall be maintained and presented to department representatives in accordance
35 with section 36-709, Idaho Code.
36 (c) Exceptions.
37 1. No such license or permit shall be required of any municipal, county,
38 state or other publicly owned zoo or wildlife exhibit or of any traveling
39 circus, menagerie or trained act of wild animals not permanently located
40 within the state of Idaho nor of any bona fide pet store displaying law-
41 fully acquired wildlife for sale nor of any fur farm regulated and
42 inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domes-
43 tic cervidae farm regulated and inspected pursuant to chapter 35, title
44 25, Idaho Code.
45 2. Except for the provisions of paragraph (d) below and section 36-709,
46 Idaho Code, relating to inspection and records of same, nothing in this
47 chapter shall be so construed as to apply to any exotic wildlife, or
48 domestic fur farm operated under the provisions of title 25, Idaho Code,
49 or any tropical fish or other aquaria or ornamental fish which the commis-
50 sion determines do not pose a threat to native fish if released into the
51 public waters of the state.
52 3. Except for the provisions of section 36-709(b), Idaho Code, relating
1 to inspection of facilities, nothing in this chapter shall be so construed
2 as to apply to any domestic cervidae farm.
3 (d) Wildlife Import -- Export -- Release Permits -- Fees.
4 No person shall import into this state or release in the wild any species of
5 wildlife except by permit issued by the director. The fee for a per-
6 sonal import or export permit shall be thirty dollars ($30.00) per occurrence.
7 The fee per occurrence for a wildlife release permit or a commercial import
8 permit or a commercial export permit shall be five (5) times the fee for a
9 personal import permit, rounded to the nearest twenty-five cents (25[). No
10 fee shall be charged for a department benefit permit.
11 (e) Captive Wildlife Permit -- Fees. The department shall determine
12 whether the wildlife being held captive provides a data service to the depart-
13 ment, is primarily for personal use, or is primarily for commercial purposes.
14 The fee for a personal use captive wildlife permit shall be twenty dollars
15 ($20.00). The fee for a commercial use captive wildlife permit shall be five
16 (5) times the fee for a personal use captive wildlife permit, rounded to the
17 nearest twenty-five cents (25[). No fee shall be charged for a department
18 benefit captive wildlife permit.
19 SECTION 16. That Section 36-703, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 36-703. COMMERCIAL WILDLIFE FARMS -- RESTRICTIONS -- LICENSE. No person
22 shall obtain, possess, preserve, or propagate any species of big game animals
23 found wild in this state for the purpose of selling the same unless he has
24 first secured a commercial wildlife farm license from the director.
25 (a) License Provisions. Such license may be issued by the director upon
26 his finding that:
27 1. Such commercial wildlife farm is located entirely on private property
28 owned or leased by the applicant.
29 2. Said farm is constructed so as not to contain any land where wild big
30 game animals naturally abound.
31 3. Said farm is so enclosed as to prevent escape of big game commercial
32 farm animals therefrom and prevent entry thereon of the same species of
33 publicly owned big game animals.
34 4. The application for such license is made upon a form provided by the
35 department which sets forth such information as may be required by the
37 5. The property boundaries are posted as being a commercial wildlife farm
38 in at least three (3) separate, conspicuous places in addition to all
39 entrance roadways.
40 6. The approved application is accompanied by a license fee of
41 twenty-five dollars ($25.00) equal to the commercial captive
42 wildlife permit fee established in section 36-701(e), Idaho Code .
43 (b) Separate Locations to Be Licensed. A license must be had for each and
44 every separate location. Said license shall expire June 30 in each even-num-
45 bered year.
46 (c) Records of Transactions Required. A current record shall be made by
47 the licensee of each and every sale, purchase or shipment and such records
48 shall be kept for two (2) years and shall be subject to inspection by the
49 director upon his request.
50 (d) Receipt Required. A receipt shall be issued to each purchaser identi-
51 fying the wildlife farm source and specifying the number and kinds of animals
52 and the date of sale.
1 SECTION 17. That Section 36-706, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 36-706. PRIVATE PARKS AND PONDS -- NONCOMMERCIAL -- PERMIT REQUIRED. No
4 person shall establish and maintain a private park or pond on premises owned
5 or leased by him and obtain, possess, propagate and process for his own per-
6 sonal pleasure and use any fish approved by the commission, or any big game
7 animals found wild in this state unless he has first obtained a permit from
8 the director.
9 (a) Permit Requirements. Such permit may be issued by the director upon
10 his finding that:
11 1. Such private park or pond is not constructed in or across any natural
12 stream bed, lake, or other watercourse containing wild fish, or on lands
13 where wildlife abounds, except when it has been determined by the commis-
14 sion that the water flow and volume of wildlife concerned in such proposed
15 private ponds, waters or parks are not a significant part of the wildlife
16 resource of the state.
17 2. The private park or pond is located entirely on private property owned
18 or leased by the applicant.
19 3. Any dam constructed to divert water into such private pond meets all
20 requirements as provided in section 36-906(a), Idaho Code.
21 4. All inlets to such private pond are screened at the point of diversion
22 as provided in section 36-906(b), Idaho Code, to prevent the entrance of
23 wild fish into the private pond.
24 5. The application for such permit is made upon a form provided by the
25 department which sets forth such information as may be required by the
27 6. The lands proposed for use as a park are so fenced as to prevent the
28 escape of private wildlife therefrom and prevent the entry thereon of pub-
29 licly owned big game animals.
30 7. Said park or pond shall be posted in three (3) separate conspicuous
31 places and all entrance roads.
32 (b) Separate Locations -- Permits Required. Such a park or pond permit
33 must be had for each and every location upon payment of a twenty dollar
34 ($20.00) fee . Said permit shall expire June 30 in each even-numbered
36 SECTION 18. That Section 36-712, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 36-712. TATTOOING OF WOLVES -- WHEN REQUIRED. (a) Any wolf that is cap-
39 tured alive to be later released or which is born or held in captivity for any
40 purpose must be reported to the department within three (3) days of the cap-
41 ture or commencement of captivity. Any person found guilty of capturing or
42 holding in captivity and failing to report the animal as required in this sec-
43 tion, shall be punished by a fine not in excess of one thousand dollars
44 ($1,000) for each animal the person possesses which has not been reported as
45 required in this section.
46 (b) Each animal reported as required in subsection (a) of this section
47 shall be permanently tattooed in a manner that will provide positive individ-
48 ual identification of the animal. No tattoo is required under this section if
49 the animal is subject to a permanent individual identification process by
50 another state or federal agency.
51 (c) Any person holding a wolf in captivity shall immediately report to
52 the department any death, escape, release, transfer of custody or other dispo-
1 sition of the animal.
2 (d) Any canine exhibiting primary wolf characteristics shall be classi-
3 fied as a wolf for the purpose of identification. All such canines shall be
4 tattooed, registered and licensed by the department of fish and game.
5 The fee for the license shall be fifty dollars ($50.00). The department
6 shall be responsible for collection of fees to administer this program as out-
7 lined by rule . and regulation.
8 SECTION 19. That Section 36-713, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 36-713. RECORDS. (a) The department shall maintain a record
11 of each animal reported to it, pursuant to section 36-712, Idaho Code. The
12 record shall indicate:
13 ( 1 . ) The person by whom the animal
14 was captured or is held in captivity;
15 ( 2 . ) The location of the capture
16 or captivity;
17 ( 3 . ) The date the animal was
19 ( 4 . ) The purpose of the captivity
20 or capture; and
21 ( 5 . ) Any death, escape, release,
22 transfer of custody, or other disposition of the animal.
23 (b) The department shall establish by rule and regulation a fee to
24 be charged, which may not exceed the administrative cost of maintaining the
25 record required under this section.
26 SECTION 20. That Section 36-802, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 36-802. COMMERCIAL FISHING AUTHORIZED. The commission shall at such times
29 and in such amounts as, through investigations it deems proper, allow commer-
30 cial fishing for fish or crustacea in the waters under the jurisdiction of the
31 state. Commercial fishing shall mean the taking or attempting to take fish or
32 crustacea for the purpose of selling, bartering, exchanging, offering, or
33 exposing for sale. No person shall conduct, operate or manage a commercial
34 fishing operation without obtaining a commercial fishing license and commer-
35 cial gear tags from the director prior to engaging in such commercial fishing
36 operation. Fishermen using five (5) or fewer traps or a single minnow or
37 seine net and having annual gross retail sales of one thousand
38 five hundred dollars ($ 1, 500) or less, are exempt from purchasing
39 a commercial license. Either the licensed commercial operator or a licensed
40 employee must be present whenever the commercial gear is operated, lifted, or
41 fished. The director shall charge the sum of one three
42 hundred dollars ($ 1 3 00) for each resident
43 license and the sum of two hundred dollars ($200) equal to
44 two (2) times the resident fee, rounded to the nearest twenty-five cents
45 (25[), for each nonresident license. Said licenses shall expire on June
46 30 next following date of issuance. The director shall charge the following
47 fees for the commercial gear tags: for each crayfish or minnow trap,
48 one dollar ($1.00) a fee equal to one percent (1%) of the resi-
49 dent commercial fishing license fee provided in this section, rounded to the
50 nearest twenty-five cents (25[) ; for each seine net one hundred (100)
51 feet long or less, twenty-five dollars ($25.00) a fee equal
1 to twenty-five percent (25%) of the resident commercial fishing license fee
2 provided in this section, rounded to the nearest twenty-five cents (25[)
3 ; for each seine net longer than one hundred (100) feet, fifty
4 dollars ($50.00) a fee equal to fifty percent (50%) of the resi-
5 dent commercial fishing license fee provided in this section, rounded to the
6 nearest twenty-five cents (25[) ; for each trawl net, fifty dol-
7 lars ($50.00) a fee equal to fifty percent (50%) of the resident
8 commercial fishing license fee provided in this section, rounded to the near-
9 est twenty-five cents (25[) ; and for each item of experimental gear
10 approved by the commission, ten dollars ($10.00) a fee
11 equal to ten percent (10%) of the resident commercial fishing license fee pro-
12 vided in this section, rounded to the nearest twenty-five cents (25[) .
13 SECTION 21. That Section 36-904, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 36-904. WHITEFISH -- TAKING WITH SEINE. Upon the issuance of a permit by
16 the director, whitefish may be taken with seine for local consumption of the
17 communities where they are found to be of sufficient number or quantity to
18 supply such demand. The fee for the permit shall be equal to the fee for
19 a personal import fee as provided in section 36-701, Idaho Code. All
20 seining shall be done under the supervision of the director. No person shall
21 keep any other game fish in the seining of whitefish under the provisions of
22 this section.
23 SECTION 22. That Section 36-905, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 36-905. FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT. No person shall
26 place racks or traps or any other obstruction across any of the streams or
27 waters of the state of Idaho in order to take fish for any purpose without
28 first obtaining a permit from the director. The fee for the permit shall
29 be equal to the fee for a personal import permit as provided in section
30 36-701, Idaho Code. No unauthorized person shall tamper with, damage or
31 destroy any such permitted rack, trap or other obstruction.
32 SECTION 23. That Section 36-1102, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 36-1102. PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Kill-
35 ing, and Innocent Birds Protected. Except for English sparrows and starlings,
36 no person shall at any time of the year take any game, song, rodent killing,
37 insectivorous or other innocent bird, except as provided by commission procla-
38 mations promulgated pursuant hereto, or for any person to intentionally dis-
39 turb or destroy the eggs or nests of such birds at any time.
40 (b) Migratory Birds.
41 1. No person shall hunt, take or have in possession any migratory birds
42 except as provided by federal regulations made pursuant to the Federal
43 Migratory Bird Treaty Act, as amended, and in accordance with related
44 rules and proclamations promulgated by the commission.
45 2. No person subject to the Federal Migratory Bird Hunting Stamp Act tax
46 shall hunt any migratory waterfowl unless at the time of such hunting he
47 carries on his person an unexpired Federal Migratory Bird Hunting Stamp
48 validated by his signature in ink across the face of the stamp while hunt-
49 ing such birds.
1 (c) Falconry. The commission is authorized to establish a falconry pro-
2 gram and to promulgate rules and proclamations governing same. As may be
3 required by commission rule, there shall be no fee charged for a permit that
4 provides primarily a benefit to the department. The fee for a personal use
5 falconry permit shall be equal to the personal use captive wildlife fee pro-
6 vided in section 36-701(e), Idaho Code. The fee for a commercial falconry
7 permit shall be equal to the commercial captive wildlife fee provided in sec-
8 tion 36-701(e), Idaho Code.
9 SECTION 24. That Section 36-1104, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 36-1104. SPECIAL BEAVER TAGS -- FEE -- USE. (a) Commission to Regulate
12 Issuance and Fee. Whenever the commission declares an open season on beaver,
13 said commission may pursuantly regulate the issuance of special beaver tags to
14 licensed trappers, including the maximum number to be issued to any one (1)
15 person and the price to be paid for each of same, provided that the fee for
16 such tag shall not exceed two dollars ($2.00) the fee for a
17 duplicate license provided for in section 36-405, Idaho Code .
18 (b) Tag to be Attached -- Authority for Sale of. When a properly licensed
19 person kills a beaver, for which a tag is required, such a person shall imme-
20 diately affix such tag in the manner prescribed by regulation
21 rule of the commission. After any beaver pelt has been so tagged,
22 the same shall become the property of the trapper and may be sold, transferred
23 or shipped in ordinary trade.
24 (c) Tag Must be Carried on Person. No person shall take, trap or kill any
25 beaver for which such a tag is required unless he has the tag on his person
26 and any such tag so issued shall at all times be subject to the inspection of
27 the director.
28 (d) Beaver Unlawfully Taken, Possessed -- Subject to Seizure. The posses-
29 sion of any beaver or pelt therefrom taken in contravention to the provisions
30 of this section is prima facie evidence that the same has been unlawfully
31 taken and any such beaver or pelt so taken shall remain the property of the
32 state of Idaho. The director may at any time seize as contraband any beaver or
33 pelt therefrom which may have been taken, killed, trapped or held in posses-
34 sion unlawfully; such seized beaver or pelts therefrom shall be sold by the
35 director and the proceeds derived therefrom shall be credited to the fish and
36 game fund.
37 SECTION 25. That Section 36-1104A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 36-1104A. SPECIAL BOBCAT LYNX EXPORT TAGS -- FEE. The commission may pro-
40 vide for, and regulate the issuance of, a special tag to be attached to the
41 hide of any bobcat or any lynx legally taken in the state of Idaho. A tag
42 shall be authority to export bobcat or lynx hides taken in Idaho as provided
43 by regulation of the U.S. fish and wildlife service.
44 The commission may set the price to be charged for such tags, at a cost
45 not to exceed seven dollars and fifty cents ($7.50) the fee
46 established for a resident deer tag in section 36-409(c), Idaho Code,
47 per tag.
48 No export tag shall be issued for any bobcat or lynx hide not taken in
50 SECTION 26. That Section 36-2205, Idaho Code, be, and the same is hereby
1 amended to read as follows:
2 36-2205. GAME BIRDS. (a) Game which may be hunted under this act shall be
3 confined to artificially propagated upland game birds.
4 (b) A minimum release of two hundred (200) upland game birds of each spe-
5 cies to be hunted on each shooting preserve must be made on the licensed area
6 during the shooting preserve season.
7 (c) Artificially propagated upland game birds released on a shooting pre-
8 serve must be:
9 (1) Marked by clipping the terminal joint of a single toe on either foot
10 as evidenced by a healed scar, or
11 (2) Banded with a leg band of a type not removable without breaking or
12 mutilating, such tag to be supplied by the fish and game department at
13 cost. One (1) such band shall be securely affixed to one (1) leg of each
14 bird released and shall remain affixed on the bird until bird is prepared
15 for consumption.
16 (d) Any wild upland game bird incidentally taken upon a shooting pre-
17 serve, at any time other than the general open season therefor, must be marked
18 then and there with a tag that has been issued to the shooting preserve licen-
19 see by the Idaho fish and game department. Said bird shall count as part of
20 the permittee's shooting preserve limit. The fee for such tags shall be
21 three dollars ($3.00) equal to the fee for a duplicate license as
22 established in section 36-405, Idaho Code, per bird.
23 During the general hunting season for the taking of upland game birds, all
24 wild birds harvested on shooting preserves will be subject to the laws appli-
25 cable to such wild birds and related rules and proclamations of the Idaho fish
26 and game commission.
27 SECTION 27. That Section 36-2206, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 36-2206. FEES. Fees for shooting preserve permits shall be one
30 three hundred fifty dollars ($ 15
31 30 0) per year.
32 SECTION 28. That Section 36-2207, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 36-2207. LICENSE TO SHOOT IN A PRESERVE. Every person taking game birds
35 upon a shooting preserve must secure an appropriate hunting license of the
36 proper class authorizing the hunting of upland game birds or a license enti-
37 tling the person to whom issued to hunt upland game birds on a licensed shoot-
38 ing preserve only. A license of this kind may be had by any person upon pay-
39 ment of five dollars ($5.00) a fee equal to the fee for a
40 resident hunting license as provided in section 36-406(a), Idaho Code .
41 SECTION 29. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after May
43 1, 1999.
STATEMENT OF PURPOSE
General use license funds are not adequate to maintain fish and wildlife
programs. Funding has not kept pace with the cost of doing business.
Since FY 91, the department's capital repair and replacement budget has
been cut by about 85% ($3 million), from $3.5 million to $500,000.
In FY 97, the department's general use license funded budget was cut an
additional 12.5%, saving about another $3 million annually.
In FY 99 the department cut general use operating expense budgets an
These cuts balanced the budget but were short-term measures. They
reduced the department's long-term ability to serve the public and are
In response, the 1998 legislature increased deer and elk tag fees $6.00
to partially restore deer and elk management and law enforcement. In
addition HB 629 stated, "This bill expresses legislative intent for the
Department of Fish and Game to propose a comprehensive fee adjustment to
be initiated in 1998 and completed in 1999 . . . The 1999 target is a
general fee adjustment to meet comprehensive long-term needs based on
extensive public involvement."
In July 1998 the department surveyed the state by inserting a
questionnaire in over 300,000 newspapers statewide, by
presentations given to many clubs and organizations and "standing down
to listen" for one complete work day. The department received responses
from over 17,000 people. Of these, 90 percent (90%) hunt or fish.
Ninety-five percent (95%) of these respondents said to maintain or
expand the following major programs:
provide hunting and fishing opportunities
provide customer services
maintain department property
Based on this information the commission developed four funding options.
These options were presented for public comment at local fairs, club and
organizational meetings and to various news media. This proposal is
based on the many comments received.
1. Fish and game should be funded by hunters anglers and the general
2. Keep the archery, muzzleloader, waterfowl and upland game permits. ---51%
In addition to the above public comments, the department will contract
for an independent professional public opinion survey.
This survey will seek public comments regarding the commission's three
part funding proposal including this fee increase.
This legislation sets into code historic and traditional relationships
between licenses. For example, the resident combination license was 90%
of the combined cost of separate hunting and fishing licenses. Junior
resident licenses are set at 40% of the corresponding adult license fee.
This fee proposal is estimated to raise about $4.4 million in a full
year. This will restore some of the fish and wildlife programs that have
been cut. This will change the resident/nonresident funding mix from the
current 40% resident and 60% nonresident to 57% resident and 43%
nonresident. This 57:43 ratio is similar to the funding mix when this
licensing system was established in 1975.
Several tags and permits will be at half price in order to encourage
youth participation. Resident junior hunters will have half price deer,
elk and bear tags and juniors ages 12-15 will have half price archery
and muzzleloader permits.
The following is a listing of the proposed fees for some of the more
Licenses Current Fee Proposed Fee
Resident Combination $20.00 $37.75
Resident Hunting $6.00 $19.00
Resident Fishing $15 00 $23.00
Sr. Resident Combination $3.00 $3.00
Jr. Resident Combination $10.00 $15.00
Jr. Resident Munting $4.00 $7.50
Jr. Resident Fishing $7.00 $9.25 ~
Resident Sportsman Package $81.00 $136.00
Nonresident Combination N/A $180.00
Nonresident Hunting $100.00 $125.00
Nonresident Fishing $50.00 $75.00
Short-term Fishing (lst day) $6.00 $9.00
Next Consecutive Day(s) $3.00 $4.00
Tags Current Fee Proposed Fee
Resident Deer $15.00 $17.50
Resident Junior Deer $15.00 $8.75
Resident Elk $21.00 $27.50
Resident Junior Elk $21.00 $13.75
Nonresident Deer $231.00 $235.00
Nonresident Elk $331.00 $339.00
Archery $7.50 $17.50
Jr. Archery (12-15) $7.50 $8.75
Muzzleloader $7.50 $17.50
Jr. Muzzleloader (12-15) $7.50 $8.75
The $1.50 issuance fee is not shown in these amounts.
Name: Patric Cudmore
Agency: Department of Fish and Game
Statement of Purpose/Fincal Impact H 66