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S1499......................................................by STATE AFFAIRS
TROPHY BIG GAME ANIMAL - Amends existing law to define "trophy big game
animal" and to provide amounts to be reimbursed to the state by persons who
commit a flagrant violation involving the illegal killing, possessing or
wasting of a trophy big game animal.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Res/Env
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 29-5-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Danielson,
Darrington, Deide, Dunklin, Hansen, Hawkins, Ingram, Ipsen, Keough,
King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Stennett, Sweeney, Thorne, Twiggs, Wheeler
NAYS--Branch, Cameron, Frasure, Geddes, Whitworth
Absent and excused--Sorensen
Floor Sponsor - Andreason
Title apvd - to House
03/04 House intro - 1st rdg - to Res/Con
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 55-13-2
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15), Boe,
Bruneel, Callister, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Gagner, Gould, Hadley, Henbest, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Lake, Linford, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Trail, Watson,
Zimmermann, Mr Speaker
NAYS -- Barrett, Black(23), Campbell, Field(20), Geddes, Hornbeck,
Kunz, Loertscher, Sali, Tilman, Tippets, Wheeler, Wood
Absent and excused -- Hansen, Newcomb,
Floor Sponsor - Robison
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor - Governor signed
Session Law Chapter 175
Effective: 07/01/98
S1499|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1499 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-202, IDAHO CODE, TO DEFINE TRO- 3 PHY BIG GAME ANIMAL AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 4 36-1404, IDAHO CODE, TO PROVIDE AMOUNTS TO BE REIMBURSED TO THE STATE BY 5 PERSONS WHO COMMIT A FLAGRANT VIOLATION INVOLVING THE ILLEGAL KILLING, 6 POSSESSING OR WASTING OF A TROPHY BIG GAME ANIMAL; AND AMENDING SECTIONS 7 36-404, 36-409 AND 36-413, IDAHO CODE, TO PROVIDE CORRECT CITATIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-202, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-202. DEFINITIONS. Whenever the following words appear in title 36, 12 Idaho Code, and orders and rules promulgated by the Idaho fish and game com- 13 mission or the director of the Idaho department of fish and game, they shall 14 be deemed to have the same meaning and terms of reference as hereinafter set 15 forth. The present tense includes the past and future tenses, and the future, 16 the present. 17 (a) "Title" shall mean all of the fish and game laws and rules promul- 18 gated pursuant thereto. 19 (b) "Commission" shall mean the Idaho fish and game commission. 20 "Commissioner" shall mean a member of the Idaho fish and game commission. 21 (c) "Department" shall mean the Idaho department of fish and game. 22 (d) "Director" shall mean the director of the Idaho department of fish 23 and game or any person authorized to act in his name. 24 (e) "Employee" shall mean any employee of the Idaho department of fish 25 and game whose salary is paid entirely or in part by funds administered by the 26 Idaho fish and game commission and whose appointment is made in accordance 27 with the Idaho personnel commission act and related rules. 28 (f) "Person" shall mean an individual, partnership, corporation, company, 29 or any other type of association, and any agent or officer of any partnership, 30 corporation, company, or other type of association. The masculine gender 31 includes the feminine and the neuter. The singular, the plural, and the plu- 32 ral, the singular. 33 (g) "Wildlife" shall mean any form of animal life, native or exotic, gen- 34 erally living in a state of nature. 35 (h) "Trophy big game animal" shall mean any big game animal deemed 36 a trophy as per Boone and Crockett standards. For the purpose of this section, 37 the highest of the typical or nontypical scores shall be used, described as 38 follows: 39 1. Mule deer: any buck scoring over one hundred fifty (150) points; 40 2. White-tailed deer: any buck scoring over one hundred thirty (130) 41 points; 42 3. Elk: any bull scoring over three hundred (300) points; 43 4. Bighorn sheep: any ram; 2 1 5. Moose: any bull; 2 6. Mountain goat: any male or female; 3 7. Pronghorn antelope: any buck with at least one (1) horn exceeding 4 fourteen (14) inches; 5 8. Caribou: any male or female. 6 (i) "Take" shall mean hunt, pursue, catch, capture, shoot, 7 fish, seine, trap, kill, or possess or any attempt to so do. 8 (ij ) "Hunting" shall mean chasing, driving, 9 flushing, attracting, pursuing, worrying, following after or on the trail of, 10 shooting at, stalking, or lying in wait for, any wildlife whether or not such 11 wildlife is then or subsequently captured, killed, taken, or wounded. Such 12 term does not include stalking, attracting, searching for, or lying in wait 13 for, any wildlife by an unarmed person solely for the purpose of watching 14 wildlife or taking pictures thereof. 15 (jk ) "Fishing" shall mean any effort made to 16 take, kill, injure, capture, or catch any fish or bullfrog. 17 (kl ) "Trapping" shall mean taking, killing, and 18 capturing wildlife by the use of any trap, snare, deadfall, or other device 19 commonly used to capture wildlife, and the shooting or killing of wildlife 20 lawfully trapped, and includes all lesser acts such as placing, setting or 21 staking such traps, snares, deadfalls, and other devices, whether or not such 22 acts result in the taking of wildlife, and every attempt to take and every act 23 of assistance to any other person in taking or attempting to take wildlife 24 with traps, snares, deadfalls, or other devices. 25 (lm ) "Possession" shall mean both actual and 26 constructive possession, and any control of the object or objects referred to; 27 provided that wildlife taken accidentally and in a manner not contrary to the 28 provisions of this title shall not be deemed to be in possession while being 29 immediately released live back to the wild. 30 (mn ) "Possession limit" shall mean the maximum 31 limit in number or amount of wildlife which may be lawfully in the possession 32 of any person. "Possession limit" shall apply to wildlife being in possession 33 while in the field or being transported to final place of consumption or stor- 34 age. 35 (no ) "Bag limit" shall mean the maximum number 36 of wildlife which may be legally taken, caught, or killed by any one (1) 37 person for any particular period of time, as provided by order of the 38 commission. The term "bag limit" shall be construed to mean an individual, 39 independent effort and shall not be interpreted in any manner as to allow one 40 (1) individual to take more than his "bag limit" toward filling the "bag 41 limit" of another. 42 (op ) "Buy" shall mean to purchase, barter, 43 exchange, or trade and includes any offer or attempt to purchase, barter, 44 exchange, or trade. 45 (pq ) "Sell" shall mean to offer or possess for 46 sale, barter, exchange, or trade, or the act of selling, bartering, exchanging 47 or trading. 48 (qr ) "Transport" shall mean to carry or convey 49 or cause to be carried or conveyed from one place to another and includes an 50 offer to transport, or receipt or possession for transportation. 51 (rs ) "Resident" shall mean any person who has 52 been domiciled in this state, with a bona fide intent to make this his place 53 of permanent abode, for a period of not less than six (6) months immediately 54 preceding the date of application for any license, tag, or permit required 55 under the provisions of this title or orders of the commission and who, when 3 1 temporarily absent from this state, continues residency with intent to return, 2 and who does not claim any resident privileges in any other state or country 3 for any purpose. Such privileges include, but are not limited to: state where 4 valid driver's license is issued; state of voter registration; state where 5 resident state income taxes are filed; state where homeowner's tax exemption 6 is granted. Provided that, until any such person has been continuously domi- 7 ciled outside the state of Idaho for a sufficient period of time to qualify 8 for resident hunting and fishing privileges in his new state of residence, 9 said person shall be deemed not to have lost his residency in Idaho for the 10 purposes of this title. However, mere ownership of real property or payment of 11 property taxes in Idaho does not establish residency. Provided further that: 12 1. Idaho residents shall not lose their residency in Idaho if they are 13 absent from the state for religious (not to exceed two (2) years) or full- 14 time educational (not to exceed five (5) years) purposes, full - 15 time to be defined by the educational institution attended, and do 16 not claim residency or use resident privileges in any other state or coun- 17 try for any purpose. 18 2. Idaho residents who are in the military service of the United States 19 and maintain Idaho as their official state of residence as shown on their 20 current leave and earnings statement, together with their spouse and chil- 21 dren under eighteen (18) years of age living in the household, shall be 22 eligible for the purchase of resident licenses. 23 3. A member of the military service of the United States or of a foreign 24 country, together with his spouse and children under eighteen (18) years 25 of age residing in his household, who have been officially transferred, 26 stationed, domiciled and on active duty in this state for a period of 27 thirty (30) days last preceding application shall be eligible, as long as 28 such assignment continues, to purchase a resident license. 29 4. Any person enrolled as a corpsman at a job corps center in Idaho shall 30 be eligible, as long as he is so enrolled, to obtain a resident fishing 31 license irrespective of his length of residence in this state. 32 5. Any foreign exchange student enrolled in an Idaho high school shall be 33 eligible, as long as he is so enrolled, to obtain a resident fishing 34 license irrespective of his length of residence in this state. 35 (st ) "Senior resident" shall mean any person 36 who is over sixty-five (65) years of age and who has been a resident of the 37 state of Idaho as hereinbefore provided for not less than five (5) years. 38 (tu ) "Nonresident" shall mean any person who 39 does not qualify as a resident. 40 (uv ) "Order, rule, regulation" are all used 41 interchangeably and each includes the others. 42 (vw ) "Blindness" shall mean sight that does not 43 exceed 20/200 as provided by the administrative guidelines of section 56-213, 44 Idaho Code. 45 (wx ) "Public highway" shall mean the traveled 46 portion of, and the shoulders on each side of, any road maintained by any gov- 47 ernmental entity for public travel, and shall include all bridges, culverts, 48 overpasses, fills, and other structures within the limits of the right-of-way 49 of any such road. 50 (xy ) "Motorized vehicle" shall mean any water, 51 land or air vehicle propelled by means of steam, petroleum products, electric- 52 ity, or any other mechanical power. 53 (yz ) "Commercial fish hatchery" shall mean any 54 hatchery, pond, lake or stream or any other waters where fish are held, 55 raised, or produced for sale but shall not include facilities used for the 4 1 propagation of fish commonly considered as ornamental or aquarium varieties. 2 (zaa ) "License" shall mean any license, tag, 3 permit or stamp. 4 (aabb ) "License vendor" shall mean any person 5 authorized to issue or sell licenses. 6 SECTION 2. That Section 36-1404, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-1404. UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND 9 FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES -- 10 INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In 11 addition to the penalties provided for violating any of the provisions of 12 title 36, Idaho Code, any person who pleads guilty, is found guilty of or is 13 convicted of the illegal killing or the illegal possession or illegal waste of 14 game animals or birds or fish shall reimburse the state for each animal so 15 killed or possessed or wasted as follows: 16 1. Elk, five hundred dollars ($500) per animal killed, possessed or 17 wasted. 18 2. Caribou, bighorn sheep, mountain goat and moose, one thousand dollars 19 ($1,000) per animal killed, possessed or wasted. 20 3. Any other species of big game, two hundred dollars ($200) per animal 21 killed, possessed or wasted. 22 4. Wild turkey and swan, two hundred dollars ($200) per bird killed, pos- 23 sessed or wasted. 24 5. Sturgeon, two hundred dollars ($200) per fish killed, possessed or 25 wasted. 26 6. Chinook salmon, wild steelhead and bull trout, one hundred dollars 27 ($100) per fish killed, possessed or wasted. 28 7. Any other game bird, game fish or furbearer, twenty-five dollars 29 ($25.00) per animal killed, possessed or wasted. 30 Provided further, that any person who pleads guilty, if found guilty 31 of, or is convicted of a flagrant violation, in accordance with section 32 36-1402(e), Idaho Code, involving the illegal killing, illegal possession or 33 illegal waste of a trophy big game animal as defined in section 36-202(h), 34 Idaho Code, shall reimburse the state for each animal so killed, possessed or 35 wasted, as follows: 36 1. Trophy mule deer: two thousand dollars ($2,000) per animal killed, 37 possessed or wasted; 38 2. Trophy white-tailed deer: two thousand dollars ($2,000) per animal 39 killed, possessed or wasted; 40 3. Trophy elk: five thousand dollars ($5,000) per animal killed, pos- 41 sessed or wasted; 42 4. Trophy bighorn sheep: ten thousand dollars ($10,000) per animal 43 killed, possessed or wasted; 44 5. Trophy moose: ten thousand dollars ($10,000) per animal killed, pos- 45 sessed or wasted; 46 6. Trophy mountain goat: ten thousand dollars ($10,000) per animal 47 killed, possessed or wasted; 48 7. Trophy pronghorn antelope: two thousand dollars ($2,000) per animal 49 killed, possessed or wasted; 50 8. Trophy caribou: ten thousand dollars ($10,000) per animal killed, pos- 51 sessed or wasted. 52 For each additional animal of the same category killed, possessed or 53 wasted during any twelve (12) month period, the amount to be reimbursed shall 5 1 double from the amount for each animal previously illegally killed, possessed 2 or wasted. For example, the reimbursable damages for three (3) elk illegally 3 killed during a twelve (12) month period would be three thousand five hundred 4 dollars ($3,500), calculated as follows: five hundred dollars ($500) for the 5 first elk; one thousand dollars ($1,000) for the second elk; and two thousand 6 dollars ($2,000) for the third elk. In the case of three (3) trophy elk 7 illegally killed in a twelve (12) month period, the reimbursable damages would 8 be thirty-five thousand dollars ($35,000) calculated as follows: five thousand 9 dollars ($5,000) for the first elk, ten thousand dollars ($10,000) for the 10 second elk, and twenty thousand dollars ($20,000) for the third elk. 11 Provided however, that wildlife possessing a twenty-five dollar ($25.00) reim- 12 bursement value shall be figured at the same rate per each animal in viola- 13 tion, without compounding. 14 (b) In every case of a plea of guilty, a finding of guilt or a conviction 15 of unlawfully releasing any fish species into any public body of water in the 16 state, the court before whom the plea of guilty, finding of guilt, or convic- 17 tion is obtained shall enter judgment ordering the defendant to reimburse the 18 state for the cost of the expenses, not to exceed ten thousand dollars 19 ($10,000), incurred by the state to correct the damage caused by the unlawful 20 release. For purposes of this subsection, "unlawfully releasing any fish spe- 21 cies" shall mean a release of any species of live fish, or live eggs thereof, 22 in the state without the permission of the director of the department of fish 23 and game; provided, that no permission is required when fish are being freed 24 from a hook and released at the same time and place where caught or when 25 crayfish are being released from a trap at the same time and place where 26 caught. 27 (c) In every case of a plea of guilty, a finding of guilt or a convic- 28 tion, the court before whom such plea of guilty, finding of guilt or convic- 29 tion is obtained shall enter judgment ordering the defendant to reimburse the 30 state in a sum or sums as hereinbefore set forth including postjudgment 31 interest. If two (2) or more defendants are convicted of the illegal taking, 32 killing or the illegal possession or wasting of the game animal, bird or fish, 33 such judgment shall be declared against them jointly and severally. 34 (d) The judgment shall fix the manner and time of payment, and may permit 35 the defendant to pay the judgment in installments at such times and in such 36 amounts as, in the opinion of the court, the defendant is able to pay. In no 37 event shall any defendant be allowed more than two (2) years from the date 38 judgment is entered to pay the judgment. 39 (e) A defaulted judgment or any installment payment thereof may be col- 40 lected by any means authorized for the enforcement of a judgment under the 41 provisions of the Idaho Code. 42 (f) All courts ordering such judgments of reimbursement shall order such 43 payments to be made to the department which shall deposit them with the state 44 treasurer, and the treasurer shall place them in the state fish and game 45 account. 46 (g) The court shall retain jurisdiction over the case. If at any time the 47 defendant is in arrears ninety (90) days or more, the court may revoke the 48 defendant's hunting, fishing or trapping privileges until the defendant com- 49 pletes payment of the judgment. 50 SECTION 3. That Section 36-404, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 36-404. CLASSES OF LICENSES. The licenses required by the provisions of 53 this title shall be of eight (8) classes. Licenses of the first five (5) clas- 6 1 ses mentioned in this section may be purchased or obtained only by persons who 2 meet residency requirements under the provisions of section 36-202(r3s ) and (st ), Idaho Code, or who 4 are valid holders of a lifetime license certificate. 5 Class 1: Adult Combination -- Hunting -- Fishing -- Trapping Licenses. 6 Licenses to be issued only to persons who are residents of the state of Idaho. 7 Class 2: Youth Hunting -- Trapping Licenses. (a) Hunting license. Licenses 8 to be issued only to persons who are residents of the state of Idaho and are 9 between twelve (12) and seventeen (17) years of age, inclusive. Provided, 10 that a license may be issued to qualified persons who are eleven (11) years of 11 age to allow the application for a controlled hunt permit; however, said per- 12 sons shall not hunt until they are twelve (12) years of age. 13 (b) Trapping licenses. Licenses to be issued only to persons who are res- 14 idents of the state of Idaho and are seventeen (17) years of age or younger. 15 Class 3: Youth Combination -- Fishing Licenses. Licenses to be issued only 16 to persons who are residents of the state of Idaho between fourteen (14) and 17 seventeen (17) years of age, inclusive. 18 Class 4: Senior Resident Combination License. Licenses to be issued only 19 to persons over sixty-five (65) years of age who have been bona fide residents 20 of the state of Idaho for a continuous period of not less than five (5) years 21 last preceding application. 22 Class 5: Resident Lifetime Combination -- Hunting -- Fishing License. 23 Licenses to be issued only to persons who are valid holders of a lifetime 24 license certificate. 25 Class 6: Nonresident Hunting -- Fishing -- Trapping -- Licenses. Licenses 26 required of persons who are nonresidents. 27 Class 7: Duplicate License -- Tag. A license or tag to be issued as a 28 replacement for an original license or tag lost or mutilated. Said license or 29 tag shall be issued in the same class and type as the original and upon issu- 30 ance of such duplicate license or tag the original license or tag shall become 31 null and void. 32 Class 8: Resident Hunting and Fishing License with Tags, Permits and 33 Stamps. Licenses to be issued only to persons who meet residency requirements 34 under the provisions of section 36-202(rs ) and 35 (st ), Idaho Code. 36 SECTION 4. 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) Resident 39 Game Tags. A resident who has obtained a permit to hunt, as provided in sec- 40 tion 36-401, Idaho Code, or has purchased or obtained a license to hunt, as 41 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 the holder of a senior resident permit 46 may be issued a bear, deer or elk tag without charge; provided further, that 47 resident game tags may be issued only to those persons who meet residency 48 requirements of subsection (rs ) of section 36-202, 49 Idaho Code. 50 (b) Nonresident Game Tags. A nonresident who has purchased a hunting 51 license, as provided in section 36-407(a), Idaho Code, or has obtained a 52 license to hunt, as provided in section 36-406(e), Idaho Code, upon payment of 53 the fees provided herein, shall be eligible to receive a nonresident tag to 7 1 hunt and kill a moose, bighorn sheep, mountain goat, elk, deer, antelope, 2 mountain lion, bear or turkey in accordance with the laws of this state and 3 rules promulgated by the commission. 4 (c) Schedule of Game Tag Fees. 5 Game Resident Nonresident 6 Moose $60.00 $900.00 7 Bighorn Sheep 60.00 900.00 8 Mountain Goat 60.00 900.00 9 Elk 15.00 325.00 10 Deer 9.00 225.00 11 Antelope 26.50 225.00 12 Mountain Lion 25.00 225.00 13 Bear 6.00 225.00 14 Turkey 6.00 35.00 15 Deer, Elk and Bear "Pak" 29.00 not applicable 16 (d) Game Tags Required -- To Be Endorsed on License. The appropriate tag 17 must be had for the hunting or taking of each and every one (1) of the afore- 18 mentioned wildlife. Provided, however, that the requirements for a mountain 19 lion tag or a bear tag, as to different periods of time and areas of the 20 state, shall be determined and specified by the commission. All of said tags 21 are to bear and have serial numbers to be endorsed on the purchaser's license 22 by the vendor at the time of sale. 23 (e) Game Tag to Be Validated and Attached to Carcass. As soon as any per- 24 son kills any wildlife for which a tag is required, said tag, belonging to 25 him, must be validated and attached to said wildlife in a manner provided by 26 commission regulation. 27 (f) Archery Permits. In addition to meeting the license and tag require- 28 ments provided in this chapter, any persons participating in any controlled or 29 general game season which has been specifically designated as an archery hunt 30 must have in his possession an archery hunt permit which may be purchased at a 31 fee of seven dollars and fifty cents ($7.50). 32 (g) Muzzleloader Permit. In addition to meeting the license and tag 33 requirements provided in this chapter, any person participating in any con- 34 trolled or general game season which has been specifically designated as a 35 muzzleloader hunt must have in his possession a muzzleloader permit which may 36 be purchased at a fee of seven dollars and fifty cents ($7.50). 37 (h) Upland Game Bird Stamp. The commission may, under rules as it may 38 prescribe, issue an upland game bird stamp that must be purchased by all per- 39 sons over sixteen (16) years of age prior to hunting upland game birds, pro- 40 vided that a stamp shall not be required to hunt forest grouse (blue, ruffed 41 or spruce), sharp-tailed grouse, sage grouse, or turkey. The fee for such a 42 stamp shall be five dollars ($5.00) and the proceeds from the sale of such 43 stamps shall be utilized for the acquisition of state and federal lands or 44 interests of less than fee simple in private lands and the development, man- 45 agement, improvement, sale or exchange of upland game bird habitat in accor- 46 dance with Idaho fish and game commission order number 95-07. This subsection 47 shall be null and void and of no force and effect on and after July 1, 2000. 48 (i) Hound Hunter Permit. Any person using a dog for the purpose of hunt- 49 ing or for taking, as defined in section 36-202, Idaho Code, big game or 50 furbearing animals must have in his possession a valid hound hunter permit 51 which may be purchased for a fee of ten dollars ($10.00). 52 (j) Nonresident Bird of Prey Capture Permit. The commission may, under 53 rules as it may prescribe, issue a nonresident bird of prey capture permit. 54 This capture permit may be purchased by any licensed, nonresident falconer for 55 capturing birds of prey in Idaho. The fee for the permit shall be one hundred 8 1 dollars ($100) and the permit shall be issued under the condition that the 2 nonresident's home state allows reciprocal raptor capturing privileges for 3 Idaho falconers. Any funds in excess of those required to issue and administer 4 nonresident capture permits shall be used to issue and administer any resident 5 falconry program established by the commission. 6 (k) Wildlife Management Area (WMA) Pheasant Permit. The commission may, 7 under rules as it may prescribe, issue a wildlife management area pheasant 8 permit that must be purchased by all persons over sixteen (16) years of age 9 prior to hunting pheasants on state wildlife management areas designated by 10 the commission. The fee for the permit shall be ten dollars ($10.00). 11 SECTION 5. That Section 36-413, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 36-413. LIFETIME LICENSE CERTIFICATE -- FEE. (a) The fish and game com- 14 mission shall issue rules and regulations to administer a lifetime license 15 certificate system. 16 (b) A lifetime license certificate may be sold to any person who quali- 17 fies as a resident or is granted resident license privileges as provided in 18 subsection (rs ) of section 36-202, Idaho Code. 19 (c) A lifetime certificate may be obtained by a person one (1) day of age 20 through one (1) year of age possessing the qualifications therein described 21 upon payment of twenty-five (25) times the fee prescribed for a combined hunt- 22 ing and fishing license in section 36-406(a), Idaho Code, for a combined hunt- 23 ing and fishing license certificate; twenty-five (25) times the fee prescribed 24 for a hunting license in section 36-406(a), Idaho Code, for a hunting license 25 certificate; or twenty-five (25) times the fee prescribed for a fishing 26 license in section 36-406(a), Idaho Code, for a fishing license certificate. 27 (d) A lifetime certificate may be obtained by a person two (2) years of 28 age through fifty (50) years of age possessing the qualifications therein 29 described upon payment of thirty-five (35) times the fee prescribed for a com- 30 bined hunting and fishing license in section 36-406(a), Idaho Code, for a com- 31 bined hunting and fishing license certificate; thirty-five (35) times the fee 32 prescribed for a hunting license in section 36-406(a), Idaho Code, for a hunt- 33 ing license certificate; or thirty-five (35) times the fee prescribed for a 34 fishing license in section 36-406(a), Idaho Code, for a fishing license cer- 35 tificate. 36 (e) A lifetime certificate may be obtained by a person fifty-one (51) 37 years of age or older possessing the qualifications therein described upon 38 payment of twenty (20) times the fee prescribed for a combined hunting and 39 fishing license in section 36-406(a), Idaho Code, for a combined hunting and 40 fishing license certificate; twenty (20) times the fee prescribed for a hunt- 41 ing license in section 36-406(a), Idaho Code, for a hunting license certifi- 42 cate; or twenty (20) times the fee prescribed for a fishing license in section 43 36-406(a), Idaho Code, for a fishing license certificate. 44 (f) Holders of lifetime license certificates shall be subject to the pro- 45 visions of title 36, Idaho Code. 46 (g) The director shall promptly transmit to the state treasurer all 47 moneys received by him from the sale of lifetime license certificates and the 48 state treasurer shall deposit all such moneys in the fish and game trust 49 account. All such moneys shall be expended at the direction of the commission 50 to carry out the purposes of the Idaho fish and game code or any law or regu- 51 lation promulgated for the protection of wildlife, and shall be used for no 52 other purpose.
STATEMENT OF PURPOSE
The purpose of this legislation is to enhance the
penalties for flagrant violations involving the illegal g
possessing or wasting a trophy big game animal.
FISCAL NOTE
Estimates of revenue increases to the Idaho Department
of Fish and Game are as follows:
Deer $40,000 from $4,000
Antelope $ 4,000 from $2,000
Elk $50,000 from $5,000
Moose $50,000 from $5,000
Other $ 5,000
Total $149,000
Contact: Senator Andreason 332-1405
Pat Cudmore, Dept. Fish and Oame, 334-3746
S1499