View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0010........................................................by MR. SPEAKER
Department of Fish and Game
WATERFOWL STAMP PROGRAM - Amends existing law to delete the waterfowl art
stamp program and to provide for a migratory waterfowl validation.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Res/Con
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 69-0-0
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- None
Dist. 19, Seat A, Vacant
Floor Sponsor - Moyle
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to Res/Env
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Davis, Stennett
Floor Sponsor - Lee
Title apvd - to House
02/23 To enrol
02/24 Rpt enrol - Sp signed
02/25 Pres signed - to Governor
03/02 Governor signed
Session Law Chapter 32
Effective: 07/01/99
H0010|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 10 BY MR. SPEAKER Requested by: Department of Fish and Game 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-406, IDAHO CODE, TO PROVIDE FOR 3 MIGRATORY WATERFOWL VALIDATION; AMENDING SECTION 36-414, IDAHO CODE, TO 4 DELETE THE WATERFOWL ART STAMP PROGRAM AND TO PROVIDE FOR A MIGRATORY 5 WATERFOWL VALIDATION; AND AMENDING SECTION 36-1401, IDAHO CODE, TO PROVIDE 6 FOR MIGRATORY WATERFOWL VALIDATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 36-406, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a) 11 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of 12 the first class may be had by a person possessing the qualifications therein 13 described on payment of twenty dollars ($20.00) for a combined fishing and 14 hunting license entitling the purchaser to hunt and fish for game animals, 15 game birds, unprotected and predatory animals and fish of the state, fifteen 16 dollars ($15.00) for a fishing license entitling the purchaser to fish in the 17 public waters of the state, six dollars ($6.00) for a hunting license enti- 18 tling the purchaser to hunt game animals, game birds, unprotected and preda- 19 tory animals of the state, and twenty-five dollars ($25.00) for a trapping 20 license entitling the purchaser to trap furbearers, unprotected and predatory 21 animals of the state. 22 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class 23 may be had by a person possessing the qualifications therein described on pay- 24 ment of four dollars ($4.00) for a hunting license, and five dollars ($5.00) 25 for a trapping license entitling the purchaser to the same privileges as the 26 corresponding license of the first class provides. 27 (c) Youth Combination -- Fishing Licenses. A license of the third class 28 may be purchased by a person possessing the qualifications therein described 29 on payment of ten dollars ($10.00) for a combined fishing and hunting license, 30 and seven dollars ($7.00) for a fishing license entitling the purchaser to the 31 same privileges as the corresponding license of the first class provides. 32 (d) Senior Resident Combination. A license of the fourth class may be had 33 by a person possessing the qualifications therein described on payment of 34 three dollars ($3.00) for a combined fishing and hunting license entitling the 35 purchaser to the same privileges as the corresponding license of the first 36 class provides. 37 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of 38 the fifth class may be obtained at no additional charge by a person possessing 39 the qualifications therein described for a combined hunting and fishing 40 license, for a hunting license, or for a fishing license, entitling the person 41 to the same privileges as the corresponding license of the first class pro- 42 vides. Lifetime licensees must be certified under the provisions of section 43 36-411, Idaho Code, before being issued a license to hunt. 2 1 (f) A license of the eighth class may be had by a person possessing the 2 qualifications therein described on payment of eighty-one dollars ($81.00) 3 entitling the purchaser to hunt and fish for game animals, game birds, fish, 4 and unprotected and predatory animals of the state. With payment of the 5 required fee, a person shall receive with this license a deer tag, an elk tag, 6 a bear tag, a turkey tag, a mountain lion tag, an archery hunt permit, a 7 muzzleloader permit, an upland game permit, a migratory waterfowlstamp8validation , a steelhead trout permit and an anadromous 9 salmon permit. The director shall promptly transmit to the state treasurer all 10 moneys received pursuant to this subsection for deposit as follows: 11 (i) Three dollars ($3.00) in the set-aside account for the purposes of 12 section 36-111(1)(a), Idaho Code; 13 (ii) Two dollars ($2.00) in the set-aside account for the purposes of 14 section 36-111(1)(b), Idaho Code; 15 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the 16 purposes of section 36-111(1)(c), Idaho Code; 17 (iv) Five dollars ($5.00) in the set-aside account for the purposes of 18 section 36-111(1)(e), Idaho Code; 19 (v) Two dollars ($2.00) in the set-aside account for the purposes of 20 section 36-111(1)(f), Idaho Code; and 21 (vi) The balance in the fish and game account. 22 All persons purchasing a license pursuant to this subsection shall observe 23 and shall be subject to all rules of the commission regarding the fish and 24 wildlife of the state. 25 If the purchaser of this license does not meet the archery education 26 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro- 27 visions of section 36-304, Idaho Code, the archery hunt permit portion of this 28 license is invalid. The fee for this license will not change and the issuer of 29 the license must indicate on the face of the license that the archery permit 30 is invalidated. 31 (g) Disabled Persons. A license of the first class may be had by any res- 32 ident disabled person on payment of three dollars ($3.00) for a combined fish- 33 ing and hunting license entitling the purchaser to the same privileges as the 34 corresponding license of the first class provides. A disabled person means a 35 person who is certified as eligible for federal supplemental security income 36 (SSI); social security disability income (SSDI); a nonservice-connected vet- 37 erans pension; or a service-connected veterans disability benefit with forty 38 percent (40%) or more disability. 39 SECTION 2. That Section 36-414, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 36-414. MIGRATORY WATERFOWLSTAMP -- PRINTS -- MIGRATORY WATERFOWL42ART COMMITTEEVALIDATION . (1) As used in this section: 43 (a) "Migratory waterfowl" means members of the family Anatidae, including 44 brants, ducks and geese. 45 (b)"Migratory waterfowl art committee" means the committee created46in subsection (5) of this section.47(c)"Migratory waterfowlstampvalidation 48 " means thestampvalidation that is 49 required pursuant to this section to be in the possession of persons over 50 sixteen (16) years of age to hunt migratory waterfowl. 51(d) "Prints and artwork" mean replicas of the original stamp design52that are sold to the general public. Prints and artwork are not to be con-53strued to be the migratory waterfowl stamp that is required pursuant to3 1this section. Artwork may be any facsimile of the original stamp design,2including color renditions, metal duplications or any other kind of3design.4 (2) A state migratory waterfowlstampvalidation 5 is required to hunt migratory waterfowl. The fee for thestamp6validation is five dollars ($5.00). The migratory water- 7 fowlstampvalidation shall be required in the hunt- 8 ing season starting not later than the fall of 1987. Thestamp9 validation shall be sold pursuant to the procedures contained in 10 chapter 3, title 36, Idaho Code. 11 (3) No person over sixteen (16) years of age shall hunt any migratory 12 waterfowl without first obtaining a migratory waterfowlstamp13 validation as required in this section. 14 (4)The migratory waterfowl stamp to be produced by the department15shall use the design as provided by the migratory waterfowl art committee.16All revenue derived from the sale of thestampsval- 17 idation by the department shall be deposited in the fish and game set- 18 aside account and shall be usedonly for the cost of printing and pro-19duction of the stamp andfor those migratory waterfowl projects speci- 20 fied by the director of the department for the acquisition and development of 21 migratory waterfowl habitat in the state. Acquisition shall include, but not 22 be limited to, the acceptance of gifts of real property or any interest 23 therein or the rental, lease or purchase of real property or any interest 24 therein. If the department acquires any fee interest, leasehold or rental 25 interest in real property under this section, it shall allow the general pub- 26 lic reasonable access to that property and shall, if appropriate, insure that 27 the deed or other instrument creating the interest allows this access to the 28 general public. If the department obtains a covenant in real property in its 29 favor or an easement or any other interest in real property under this sec- 30 tion, it shall exercise its best efforts to insure that the deed or other 31 instrument creating the interest grants to the general public in the form of a 32 covenant running with the land reasonable access to the property. The private 33 landowner from whom the department obtains such a covenant or easement shall 34 retain the right of granting access to the lands by written permission. 35The department may produce migratory waterfowl stamps in any given36year in excess of those necessary for sale in that year. The excess stamps may37be sold to the migratory waterfowl art committee for sale to the public.38(5) There is hereby created a migratory waterfowl art committee which39shall be composed of seven (7) members. The committee shall consist of one (1)40member appointed by the governor, four (4) members appointed by the director41of the department, one (1) member appointed by the Idaho commission on the42arts, and one (1) member appointed by the director of the department of agri-43culture. The member appointed by the Idaho commission on the arts shall be44knowledgeable in the area of fine art reproduction. The member appointed by45the director of the department of agriculture shall represent statewide farm-46ing interest. The members appointed by the governor and the director of the47department shall be knowledgeable about waterfowl and waterfowl management.48The four (4) members appointed by the director of the department shall also49represent respectively:50(a) A northern Idaho sports group;51(b) A southern Idaho sports group;52(c) A group with a major interest in the conservation and propagation of53migratory waterfowl; and54(d) A statewide conservation organization.55(6) The members of the committee shall serve three (3) year staggered4 1terms and at the expiration of their terms shall serve until qualified succes-2sors are appointed. Of the seven (7) members, two (2) shall serve initial3terms of four (4) years, two (2) shall serve initial terms of three (3) years,4and three (3) shall serve initial terms of two (2) years. The appointees of5the governor and the director of the department of agriculture shall serve the6initial terms of four (4) years. The appointees of the commission on the arts7and one (1) of the appointees of the director of the department of fish and8game shall serve the initial terms of two (2) years. Vacancies shall be filled9for unexpired terms consistent with this subsection. A chairman shall be10elected annually by the committee. The committee shall review the director's11expenditures of the previous year of both the stamp money and the prints and12related artwork money. Members of the committee shall be compensated as pro-13vided in section 59-509(a), Idaho Code.14(7) The committee is responsible for the selection of the annual migra-15tory waterfowl stamp design and shall provide the design to the department. If16the committee does not perform this duty within the time frame necessary to17achieve proper and timely distribution of the stamps to license vendors, the18director shall initiate the artwork selection for that year. The committee19shall create collector art prints and related artwork, utilizing the same20design as provided to the department. The administration, sale, distribution21and other matters relating to the prints and sales of stamps with prints and22related artwork shall be the responsibility of the migratory waterfowl art23committee.24(8) The total amount of moneys brought in from the sale of prints,25stamps, and related artwork shall be deposited in the fish and game set-aside26account. The costs of producing and marketing of prints and related artwork,27including administrative expenses mutually agreed upon by the committee and28the director shall be paid out of the total amount of moneys brought in from29sale of those same items. Net funds derived from the sale of prints and30related artwork shall be expended as follows:31(a) Twenty percent (20%) of the funds shall be provided by the director32of the department to an appropriate nonprofit entity or wildlife conserva-33tion agency for the development of migratory waterfowl propagation proj-34ects within the provinces of Alberta and British Columbia in Canada.35(b) Eighty percent (80%) of the funds shall be used by the director of36the department for the acquisition and development of waterfowl propaga-37tion projects within Idaho.38(c) The migratory waterfowl art committee shall have a periodic audit of39its finances conducted by the legislative services office or its successor40agency and shall furnish a copy of the audit to the fish and game commis-41sion and the senate resources and environment committee and the house of42representatives resources and conservation committee.43 SECTION 3. That Section 36-1401, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or 46 is found guilty of a violation of the following provisions of the fish and 47 game code or the following rules or proclamations promulgated pursuant thereto 48 is guilty of an infraction: 49 1. Statutes 50 (A) Take, transport, use or have in possession bait fish as set 51 forth in section 36-902(d), Idaho Code. 52 (B) Chumming as set forth in section 36-902(e), Idaho Code. 53 (C) Nonresident child under the age of fourteen (14) years fishing 5 1 without a valid license and not accompanied by a valid license holder 2 as set forth in section 36-401(a)2., Idaho Code. 3 (D) Use or cut a hole larger than ten (10) inches in the ice for ice 4 fishing as set forth in section 36-1509(a), Idaho Code. 5 (E) Store fish without required tags/permits/statements as set forth 6 in section 36-503, Idaho Code. 7 (F) Own, possess or harbor any dog found running loose and which is 8 tracking, pursuing, harassing or attacking a big game animal as set 9 forth in section 36-1101(b)6.(B), Idaho Code. 10 (G) Hunt migratory waterfowl without having in possession a signed 11 federal migratory bird hunting stamp as set forth in section 12 36-1102(b)2., Idaho Code. 13 (H) Hunt migratory waterfowl without having in possession a license 14 validated forthe Idahomigratory waterfowlstamp15as set forth in section 36-414(2), Idaho Code. 16 (I) Hunt upland game birds without having in possession a license 17 validated for the upland game permit as set forth in section 18 36-409(h), Idaho Code. 19 (J) Trap in or on, destroy or damage any muskrat house as provided 20 in section 36-1103(c), Idaho Code. 21 (K) Hunt migratory game birds with a shotgun capable of holding more 22 than three (3) shells as provided and incorporated in section 23 36-1102(b), Idaho Code. 24 2. Rules or Proclamations 25 (A) Fish from a raft or boat with motor attached in waters where 26 motors are prohibited. 27 (B) Fish with hooks larger than allowed in that water. 28 (C) Fish with barbed hooks in waters where prohibited. 29 (D) Exceed any established bag limit for fish by one (1) fish, 30 except bag limits for anadromous fish, landlocked chinook salmon, 31 kamloops rainbow trout, lake trout, or bull trout. 32 (E) Fish with more than the approved number of lines or hooks. 33 (F) Fail to leave head and/or tail on fish while fish are in posses- 34 sion or being transported. 35 (G) Snag or hook fish other than in the head and fail to release, 36 excluding anadromous fish. 37 (H) Fail to attend fishing line and keep it under surveillance at 38 all times. 39 (I) Fail to comply with mandatory check and report requirements. 40 (J) Fail to leave evidence of sex or species attached as required on 41 game birds. 42 (K) Hunt or take migratory game birds or upland game birds with shot 43 exceeding the allowable size. 44 (L) Fail to release, report or turn in nontarget trapped animals. 45 (M) Fail to complete required report on trapped furbearer. 46 (N) Fail to present required furbearer animal parts for inspection. 47 (O) Fail to attach identification tags to traps. 48 (P) Possess not more than one (1) undersized bass. 49 (Q) Park or camp in a restricted area, except length of stay viola- 50 tions. 51 (R) Fail to leave evidence of sex attached as required on game ani- 52 mals. 53 (b) Misdemeanors. Any person who pleads guilty to, is found guilty or is 54 convicted of a violation of the provisions of this title or rules or proclama- 55 tions promulgated pursuant thereto, or orders of the commission, except where 6 1 an offense is expressly declared to be an infraction or felony, shall be 2 guilty of a misdemeanor. 3 (c) Felonies. Any person who pleads guilty to, is found guilty or is 4 convicted of a violation of the following offenses shall be guilty of a fel- 5 ony: 6 1. Knowingly and intentionally selling or offering for sale or exchange, 7 or purchasing or offering to purchase or exchange, any wildlife, or parts 8 thereof, which has been unlawfully killed, taken or possessed. 9 2. Releasing into the wild, without a permit from the director, any of 10 the following wildlife, whether native or exotic: ungulates, bears, 11 wolves, large felines, swine, or peccaries. 12 3. Unlawfully killing, possessing or wasting of any combination of num- 13 bers or species of wildlife within a twelve (12) month period which has a 14 single or combined reimbursable damage assessment of more than one thou- 15 sand dollars ($1,000), as provided in section 36-1404, Idaho Code. 16 4. Conviction within ten (10) years of three (3) or more violations of 17 the provisions of this title, penalties for which include either or both a 18 mandatory license revocation or a reimbursable damage assessment.
STATEMENT OF PURPOSE
RS08404
The migratory waterfowl stamp art program is no longer profitable.
This legislation will discontinue the program.
FISCAL IMPACT
Discontinuing the program will save the Department of Fish and Game
approximately two months of permanent staff time and one month of
temporary clerical time annually.
CONTACT
Name: Patric Cudmore
Agency: Department of Fish and Game
Phone: 334-3746
Statement of Purpose/Fiscal Impact H 1