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

Bill Text


H0066

                                                                        
 ||||              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  --


                                          2

 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-


                                          3

 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


                                          4

 1        purposes, which are hereby declared a public use:
 2             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
 3             farms;
 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-
37             tions.
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
54        Code. 
55        14. Adopt rules governing the application for and issuance of licenses  by


                                          5

 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
47        commission.
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


                                          6

 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
30             permit.
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-


                                          7

 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-


                                          8

 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-


                                          9

 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-
44        gency.
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,


                                          10

 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
28        firearms.
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.


                                          11

 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
31    younger.
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


                                          12

 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
17             license.
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  


                                          13

 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-
29    vides.
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


                                          14

 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.
48    

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 --


                                          15

 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
16    .00).
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


                                          16

 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  


                                          17

 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[)
53    .
54        (h)  Upland Game Bird  Stamp   Permit . The  commis-
55    sion  may,  under  rules  as it may prescribe, issue an upland game bird 


                                          18

 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,
12    2000.
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:


                                          19

 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
29    holder.

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


                                          20

 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


                                          21

 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


                                          22

 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
43        regulation.
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


                                          23

 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


                                          24

 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
36        director.
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.


                                          25

 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
26        director.
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
35    year.

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-


                                          26

 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
18        tattooed;
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


                                          27

 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.


                                          28

 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
49    Idaho.

50        SECTION  26.  That Section 36-2205, Idaho Code, be, and the same is hereby


                                          29

 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 / Fiscal Impact


                         STATEMENT OF PURPOSE
                               RS08462C1
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
additional 10%.

These cuts balanced the budget but were short-term measures. They
reduced the department's long-term ability to serve the public and are
not sustainable.

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

  protect habitat

  enforce laws

  furnish information

  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.

Which were:

1. Fish and game should be funded by hunters anglers and the general
public. ---78% 

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.

FISCAL IMPACT

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
"popular" licenses:

                           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
Permits
                           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.

CONTACT
Name: Patric Cudmore
Agency: Department of Fish and Game
Phone: 334-3746

                                                       Statement of Purpose/Fincal Impact      H 66