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S1186..........................................by RESOURCES AND ENVIRONMENT
CERVIDAE - Amends existing law to provide that domestic cervidae shall not
be defined as wildlife for fish and game purposes.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Res/Env
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Burtenshaw
Title apvd - to House
03/03 House intro - 1st rdg - to Res/Con
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Geddes, Gould, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Lake, Limbaugh, Linford, Loertscher, Marley, McKague,
Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Williams, Wood
NAYS -- None
Absent and excused -- Black, Clark, Gagner, Kunz, Mader, Wheeler,
Zimmermann, Mr Speaker
Floor Sponsor - Stevenson
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 173
Effective: 07/01/99
S1186|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1186 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-202, IDAHO CODE, TO PROVIDE 3 THAT DOMESTIC CERVIDAE SHALL NOT BE DEFINED AS WILDLIFE AND TO MAKE TECH- 4 NICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-202, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-202. DEFINITIONS. Whenever the following words appear in title 36, 9 Idaho Code, and orders and rules promulgated by the Idaho fish and game com- 10 mission or the director of the Idaho department of fish and game, they shall 11 be deemed to have the same meaning and terms of reference as hereinafter set 12 forth. The present tense includes the past and future tenses, and the future, 13 the present. 14 (a) "Title" means all of the fish and game laws and rules promulgated 15 pursuant thereto. 16 (b) "Commission" means the Idaho fish and game commission. "Commissioner" 17 means a member of the Idaho fish and game commission. 18 (c) "Department" means the Idaho department of fish and game. 19 (d) "Director" means the director of the Idaho department of fish and 20 game or any person authorized to act in his name. 21 (e) "Employee" means any employee of the Idaho department of fish and 22 game whose salary is paid entirely or in part by funds administered by the 23 Idaho fish and game commission and whose appointment is made in accordance 24 with the Idaho personnel commission act and related rules. 25 (f) "Person" means an individual, partnership, corporation, company, or 26 any other type of association, and any agent or officer of any partnership, 27 corporation, company, or other type of association. The masculine gender 28 includes the feminine and the neuter. The singular, the plural, and the plu- 29 ral, the singular. 30 (g) "Wildlife" means any form of animal life, native or exotic, generally 31 living in a state of nature provided that domestic cervidae as defined 32 in section 25-3701, Idaho Code, shall not be classified as wildlife . 33 (h) "Trophy big game animal"shallmean s any 34 big game animal deemed a trophy as per Boone and Crockett standards. For the 35 purpose of this section, the highest of the typical or nontypical scores shall 36 be used, described as follows: 37 1. Mule deer: any buck scoring over one hundred fifty (150) points; 38 2. White-tailed deer: any buck scoring over one hundred thirty (130) 39 points; 40 3. Elk: any bull scoring over three hundred (300) points; 41 4. Bighorn sheep: any ram; 42 5. Moose: any bull; 43 6. Mountain goat: any male or female; 2 1 7. Pronghorn antelope: any buck with at least one (1) horn exceeding 2 fourteen (14) inches; 3 8. Caribou: any male or female. 4 (i) "Take" means hunt, pursue, catch, capture, shoot, fish, seine, trap, 5 kill, or possess or any attempt to so do. 6 (j) "Hunting" means chasing, driving, flushing, attracting, pursuing, 7 worrying, following after or on the trail of, shooting at, stalking, or lying 8 in wait for, any wildlife whether or not such wildlife is then or subsequently 9 captured, killed, taken, or wounded. Such term does not include stalking, 10 attracting, searching for, or lying in wait for, any wildlife by an unarmed 11 person solely for the purpose of watching wildlife or taking pictures thereof. 12 (k) "Fishing" means any effort made to take, kill, injure, capture, or 13 catch any fish or bullfrog. 14 (l) "Trapping" means taking, killing, and capturing wildlife by the use 15 of any trap, snare, deadfall, or other device commonly used to capture wild- 16 life, and the shooting or killing of wildlife lawfully trapped, and includes 17 all lesser acts such as placing, setting or staking such traps, snares, 18 deadfalls, and other devices, whether or not such acts result in the taking of 19 wildlife, and every attempt to take and every act of assistance to any other 20 person in taking or attempting to take wildlife with traps, snares, deadfalls, 21 or other devices. 22 (m) "Possession" means both actual and constructive possession, and any 23 control of the object or objects referred to; provided that wildlife taken 24 accidentally and in a manner not contrary to the provisions of this title 25 shall not be deemed to be in possession while being immediately released live 26 back to the wild. 27 (n) "Possession limit" means the maximum limit in number or amount of 28 wildlife which may be lawfully in the possession of any person. "Possession 29 limit" shall apply to wildlife being in possession while in the field or being 30 transported to final place of consumption or storage. 31 (o) "Bag limit" means the maximum number of wildlife which may be legally 32 taken, caught, or killed by any one (1) person for any particular period of 33 time, as provided by order of the commission. The term "bag limit" shall be 34 construed to mean an individual, independent effort and shall not be inter- 35 preted in any manner as to allow one (1) individual to take more than his "bag 36 limit" toward filling the "bag limit" of another. 37 (p) "Buy" means to purchase, barter, exchange, or trade and includes any 38 offer or attempt to purchase, barter, exchange, or trade. 39 (q) "Sell" means to offer or possess for sale, barter, exchange, or 40 trade, or the act of selling, bartering, exchanging or trading. 41 (r) "Transport" means to carry or convey or cause to be carried or con- 42 veyed from one (1) place to another and includes an offer to transport, or 43 receipt or possession for transportation. 44 (s) "Resident" means any person who has been domiciled in this state, 45 with a bona fide intent to make this his place of permanent abode, for a 46 period of not less than six (6) months immediately preceding the date of 47 application for any license, tag, or permit required under the provisions of 48 this title or orders of the commission and who, when temporarily absent from 49 this state, continues residency with intent to return, and who does not claim 50 any resident privileges in any other state or country for any purpose. Such 51 privileges include, but are not limited to: state where valid driver's license 52 is issued; state of voter registration; state where resident state income 53 taxes are filed; state where homeowner's tax exemption is granted. Provided 54 that, until any such person has been continuously domiciled outside the state 55 of Idaho for a sufficient period of time to qualify for resident hunting and 3 1 fishing privileges in his new state of residence, said person shall be deemed 2 not to have lost his residency in Idaho for the purposes of this title. How- 3 ever, mere ownership of real property or payment of property taxes in Idaho 4 does not establish residency. Provided further that: 5 1. Idaho residents shall not lose their residency in Idaho if they are 6 absent from the state for religious (not to exceed two (2) years) or 7 full-time educational (not to exceed five (5) years) purposes, full-time 8 to be defined by the educational institution attended, and do not claim 9 residency or use resident privileges in any other state or country for any 10 purpose. 11 2. Idaho residents who are in the military service of the United States 12 and maintain Idaho as their official state of residence as shown on their 13 current leave and earnings statement, together with their spouse and chil- 14 dren under eighteen (18) years of age living in the household, shall be 15 eligible for the purchase of resident licenses. 16 3. A member of the military service of the United States or of a foreign 17 country, together with his spouse and children under eighteen (18) years 18 of age residing in his household, who have been officially transferred, 19 stationed, domiciled and on active duty in this state for a period of 20 thirty (30) days last preceding application shall be eligible, as long as 21 such assignment continues, to purchase a resident license. A member of the 22 state national guard or air national guard, domiciled in this state for a 23 period of thirty (30) days last preceding application shall be eligible, 24 as long as such residency continues, to purchase a resident license. 25 4. Any person enrolled as a corpsman at a job corps center in Idaho shall 26 be eligible, as long as he is so enrolled, to obtain a resident fishing 27 license irrespective of his length of residence in this state. 28 5. Any foreign exchange student enrolled in an Idaho high school shall be 29 eligible, as long as he is so enrolled, to obtain a resident fishing 30 license irrespective of his length of residence in this state. 31 (t) "Senior resident" means any person who is over sixty-five (65) years 32 of age and who has been a resident of the state of Idaho as hereinbefore pro- 33 vided for not less than five (5) years. 34 (u) "Nonresident" means any person who does not qualify as a resident. 35 (v) "Order, rule, regulation and proclamation" are all used interchange- 36 ably and each includes the others. 37 (w) "Blindness" means sight that does not exceed 20/200 as provided by 38 the administrative guidelines of section 56-213, Idaho Code. 39 (x) "Public highway" means the traveled portion of, and the shoulders on 40 each side of, any road maintained by any governmental entity for public 41 travel, and includes all bridges, culverts, overpasses, fills, and other 42 structures within the limits of the right-of-way of any such road. 43 (y) "Motorized vehicle" means any water, land or air vehicle propelled by 44 means of steam, petroleum products, electricity, or any other mechanical 45 power. 46 (z) "Commercial fish hatchery" means any hatchery, pond, lake or stream 47 or any other waters where fish are held, raised, or produced for sale but 48 shall not include facilities used for the propagation of fish commonly consid- 49 ered as ornamental or aquarium varieties. 50 (aa) "License" means any license, tag, permit or stamp. 51 (bb) "License vendor" means any person authorized to issue or sell 52 licenses. 53 (bbcc ) "Proclamation"shall54 mean s the action by the commission and publication of the perti- 55 nent information as it relates to the seasons and limits for taking wildlife.
STATEMENT OF PURPOSE
RS08945
The purpose of this legislation is to clarify that domestic cervidae shall
not be defined as wildlife.
FISCAL IMPACT
No fiscal impact.
CONTACT: Senator Don Burtenshaw 332-1344
Stan Boyd, Idaho Venison Council 344-2271
STATEMENT OF PURPOSE/FISCAL IMPACT S 1186