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H0503.........................................by RESOURCES AND CONSERVATION
FISH AND GAME - LICENSES - Amends, repeals and adds to existing law to
provide for fees for licenses, tags and permits issued by the Department of
Fish and Game; to provide that the director may define activities or
facilities that provide a benefit; to provide for legislative intent; to
increase the amount from each steelhead trout or anadromous salmon permit
deposited into the Fish and Game Set-aside Account; to delete references to
how certain moneys are to be used; to provide for nonresident combination
licenses; to adjust certain amounts deposited from sales of licenses in the
eighth class; to provide for disabled person licenses and military furlough
licenses; to provide for nonresident small game hunting licenses and
combination licenses; to provide for hunting of sandhill cranes; to provide
that the Fish and Game Commission may make rules to allow a nonresident
deer tag to be used for other purposes; to provide for resident and
nonresident hound hunter permits; to provide for a bear baiting permit; to
provide for a migratory bird harvest information fees program permit; to
provide for a dog field trial permit; to require permits for import and
export of wildlife; to require fees for park permits and pond permits; to
provide for permits for live fish transportation and to provide for fees;
to provide for electronically issued unexpired validation for migratory
bird hunting; and to provide hunting of migratory game birds without a
license validated for the federal migratory bird harvest information
program permit.
02/04 House intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Con
H0503
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 503
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO PROVIDE FOR
3 FEES; AMENDING SECTION 36-106, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR
4 MAY DEFINE ACTIVITIES OR FACILITIES THAT PROVIDE A BENEFIT; TO PROVIDE
5 LEGISLATIVE INTENT; AMENDING SECTION 36-111, IDAHO CODE, TO INCREASE THE
6 AMOUNT FROM EACH STEELHEAD TROUT OR ANADROMOUS SALMON PERMIT DEPOSITED
7 INTO THE FISH AND GAME SET-ASIDE ACCOUNT AND TO DELETE REFERENCES TO HOW
8 MONEYS ARE TO BE USED; AMENDING SECTION 36-306, IDAHO CODE, TO PROVIDE
9 PROPER REFERENCE FOR LICENSES AND TO DELETE A REFERENCE TO DEER, ELK AND
10 BEAR "PAK"; AMENDING SECTION 36-401, IDAHO CODE, TO REMOVE A REFERENCE TO
11 RESIDENT MILITARY PERSONNEL; AMENDING SECTION 36-404, IDAHO CODE, TO PRO-
12 VIDE FOR NONRESIDENT COMBINATION LICENSES; AMENDING SECTION 36-405, IDAHO
13 CODE, TO PROVIDE FOR FEES; AMENDING SECTION 36-406, IDAHO CODE, TO PROVIDE
14 FOR FEES, TO ADJUST CERTAIN AMOUNTS DEPOSITED FROM SALES OF LICENSES OF
15 THE EIGHTH CLASS, TO DELETE REFERENCES TO WHAT CERTAIN MONEYS SHALL BE
16 USED FOR AND TO PROVIDE FOR DISABLED PERSON LICENSES AND MILITARY FURLOUGH
17 LICENSES; AMENDING SECTION 36-406A, IDAHO CODE, TO PROVIDE FOR FEES;
18 AMENDING SECTION 36-407, IDAHO CODE, TO PROVIDE FOR FEES, TO PROVIDE FOR
19 NONRESIDENT SMALL GAME HUNTING LICENSES AND TO PROVIDE FOR NONRESIDENT
20 COMBINATION LICENSES; AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE FOR
21 HUNTING OF SANDHILL CRANES, TO PROVIDE FOR FEES, TO PROVIDE THAT THE COM-
22 MISSION MAY MAKE RULES TO ALLOW A NONRESIDENT DEER TAG TO BE USED FOR
23 OTHER PURPOSES, TO PROVIDE FOR RESIDENT AND NONRESIDENT HOUND HUNTER PER-
24 MITS, TO PROVIDE FOR A BEAR BAITING PERMIT, TO PROVIDE FOR A MIGRATORY
25 BIRD HARVEST INFORMATION FEES PROGRAM PERMIT AND TO PROVIDE FOR A DOG
26 FIELD TRIAL PERMIT; AMENDING SECTION 36-410, IDAHO CODE, TO PROVIDE FOR
27 FEES AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 36-414, IDAHO
28 CODE; AMENDING CHAPTER 4, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW
29 SECTION 36-416, IDAHO CODE, TO PROVIDE A SCHEDULE OF LICENSE FEES; AMEND-
30 ING SECTION 36-501, IDAHO CODE, TO PROVIDE FOR FEES; AMENDING SECTION
31 36-502, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
32 36-602, IDAHO CODE, TO PROVIDE FOR FEES AND TO MAKE TECHNICAL CORRECTIONS;
33 AMENDING SECTION 36-701, IDAHO CODE, TO REQUIRE PERMITS FOR IMPORT AND
34 EXPORT OF WILDLIFE AND TO PROVIDE FOR FEES; AMENDING SECTION 36-703, IDAHO
35 CODE, TO PROVIDE FOR FEES; AMENDING SECTION 36-706, IDAHO CODE, TO REQUIRE
36 FEES FOR PARK PERMITS AND POND PERMITS, TO PROVIDE FOR PERMITS FOR LIVE
37 FISH TRANSPORTATION AND TO PROVIDE FOR FEES; AMENDING SECTION 36-712,
38 IDAHO CODE, TO PROVIDE FOR FEES; AMENDING SECTION 36-713, IDAHO CODE, TO
39 REMOVE LANGUAGE REGARDING FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
40 SECTION 36-802, IDAHO CODE, TO PROVIDE FOR FEES AND TO REDUCE THE SIZE OF
41 CERTAIN NETS FOR WHICH FEES ARE REQUIRED; REPEALING SECTION 36-904, IDAHO
42 CODE; AMENDING SECTION 36-1102, IDAHO CODE, TO PROVIDE FOR ELECTRONICALLY
43 ISSUED UNEXPIRED VALIDATION FOR MIGRATORY BIRD HUNTING, TO PROVIDE FOR
44 FEES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-1104, IDAHO
45 CODE, TO PROVIDE FOR FEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING
46 SECTION 36-1104A, IDAHO CODE, TO PROVIDE FOR FEES; AMENDING SECTION
2
1 36-1401, IDAHO CODE, TO PROHIBIT HUNTING OF MIGRATORY GAME BIRDS WITHOUT A
2 LICENSE VALIDATED FOR THE FEDERAL MIGRATORY BIRD HARVEST INFORMATION PRO-
3 GRAM PERMIT AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 36-2205,
4 IDAHO CODE, TO PROVIDE FOR FEES AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
5 ING SECTION 36-2206, IDAHO CODE, TO PROVIDE FOR FEES; AMENDING SECTION
6 36-2207, IDAHO CODE, TO PROVIDE FOR FEES; DECLARING AN EMERGENCY AND PRO-
7 VIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization --
12 Meetings. The members of the commission shall annually meet at their offices
13 in the city of Boise and organize by electing from their membership a chair-
14 man, who shall hold office for a period of one (1) year, or until his succes-
15 sor has been duly elected. In addition to the regular annual meeting, to be
16 held in January, said commission shall hold other regular quarterly meetings
17 in April, July and October of each year at such places within the state as the
18 commission shall select for the transaction of business. Special meetings may
19 be called at any time and place by the chairman or a majority of the members
20 of the commission. Notice of the time, place and purpose of any and all spe-
21 cial meetings shall be given by the secretary to each member of the commission
22 prior to said meeting.
23 (b) Authorization for Commission Powers and Duties. For the purpose of
24 administering the policy as declared in section 36-103, Idaho Code, the com-
25 mission is hereby authorized and empowered to:
26 1. Investigate and find facts regarding the status of the state's wild-
27 life populations in order to give effect to the policy of the state here-
28 inbefore announced.
29 2. Hold hearings for the purpose of hearing testimony, considering evi-
30 dence and determining the facts as to when the supply of any of the wild-
31 life in this state will be injuriously affected by the taking thereof, or
32 for the purpose of determining when an open season may be declared for the
33 taking of wildlife. Whenever said commission determines that the supply of
34 any particular species of wildlife is being, or will be, during any par-
35 ticular period of time, injuriously affected by depletion by permitting
36 the same to be taken, or if it should find a longer or different season,
37 or different bag limit should be adopted for the better protection
38 thereof, or if it finds that an open season may be declared without endan-
39 gering the supply thereof, then it shall make a rule or proclamation
40 embodying its findings in respect to when, under what circumstances, in
41 which localities, by what means, what sex, and in what amounts and numbers
42 the wildlife of this state may be taken.
43 3. Whenever it finds it necessary for the preservation, protection, or
44 management of any wildlife of this state, by reason of any act of God or
45 any other sudden or unexpected emergency, declare by temporary rule or
46 proclamation the existence of such necessity, and the cause thereof, and
47 prescribe and designate all affected areas or streams, and close the same
48 to hunting, angling or trapping, or impose such restrictions and condi-
49 tions upon hunting, angling or trapping as said commission shall find to
50 be necessary. Every such temporary rule shall be made in accordance with
51 the provisions of chapter 52, title 67, Idaho Code.
52 4. At any time it shall deem necessary for the proper management of wild-
3
1 life on any game preserve in the state of Idaho, declare an open season in
2 any game preserve as it deems appropriate.
3 5. (A) Upon notice to the public, hold a public drawing giving to
4 license holders, under the wildlife laws of this state, the privilege
5 of drawing by lot for a controlled hunt permit authorizing the person
6 to whom issued to hunt, kill, or attempt to kill any species of wild
7 animals or birds designated by the commission under such rules as it
8 shall prescribe.
9 (B) The commission may, under rules or proclamations as it may pre-
10 scribe, authorize the director to issue additional controlled hunt
11 permits and collect fees therefor authorizing landowners of property
12 valuable for habitat or propagation purposes of deer, elk or ante-
13 lope, or the landowner's designated agent(s) to hunt deer, elk or
14 antelope in controlled hunts containing the eligible property owned
15 by those landowners in units where any permits for deer, elk or ante-
16 lope are limited.
17 (C) A nonrefundable fee of five dollars ($5.00) as specified in sec-
18 tion 36-416, Idaho Code, shall be charged each applicant for a con-
19 trolled hunt permit; provided however, there shall be no fees charged
20 for controlled hunt permits subsequently issued to successful appli-
21 cants. Additionally, a fee may be charged for telephone and credit
22 card orders in accordance with subsection (e)11. of section 36-106,
23 Idaho Code. The department shall include a checkoff form to allow
24 applicants to designate one dollar ($1.00) of such five dollar
25 ($5.00) fee for transmittal to the reward fund of citizens against
26 poaching, inc., an Idaho nonprofit corporation. From the net proceeds
27 generated by the nonrefundable fee, the director shall transfer from
28 the fish and game account to the big game secondary depredation
29 account each fiscal year an amount that equals two hundred fifty
30 thousand dollars ($250,000) less the amount of earned interest trans-
31 ferred in accordance with section 36-115(b), Idaho Code, or two hun-
32 dred thousand dollars ($200,000), whichever is less, until the total
33 of all transfers from the fish and game account to the big game sec-
34 ondary depredation account equals one million two hundred fifty thou-
35 sand dollars ($1,250,000) as certified by the state controller. When
36 the department's total transfers to the big game secondary depreda-
37 tion account equal or exceed one million two hundred fifty thousand
38 dollars ($1,250,000), tThe net proceeds from the nonrefundable fee
39 shall be deposited in the fish and game account and none of the net
40 proceeds shall be used to purchase lands.
41 6. Adopt rules pertaining to the importation, exportation, release, sale,
42 possession or transportation into, within or from the state of Idaho of
43 any species of live, native or exotic wildlife or any eggs thereof.
44 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
45 nation, lease, agreement, gift, or other device, lands or waters suitable
46 for the purposes hereinafter enumerated in this paragraph. Whenever the
47 commission proposes to purchase a tract of land in excess of fifteen (15)
48 acres, the commission shall notify the board of county commissioners of
49 the county where this land is located of the intended action. The board of
50 county commissioners shall have ten (10) days after official notification
51 to notify the commission whether or not they desire the commission to hold
52 a public hearing on the intended purchase in the county. The commission
53 shall give serious consideration to all public input received at the pub-
54 lic hearing before making a final decision on the proposed acquisition.
55 Following any land purchase, the fish and game commission shall provide,
4
1 upon request by the board of county commissioners, within one hundred
2 twenty (120) days, a management plan for the area purchased that would
3 address noxious weed control, fencing, water management and other impor-
4 tant issues raised during the public hearing. When considering purchasing
5 lands pursuant to this paragraph, the commission shall first make a good
6 faith attempt to obtain a conservation easement, as provided in chapter
7 21, title 55, Idaho Code, before it may begin proceedings to purchase,
8 condemn or otherwise acquire such lands. If the attempt to acquire a con-
9 servation easement is unsuccessful and the commission then purchases,
10 condemns or otherwise acquires the lands, the commission shall record in
11 writing the reasons why the attempt at acquiring the conservation easement
12 was unsuccessful and then file the same in its records and in a report to
13 the joint finance-appropriations committee. The commission shall develop,
14 operate, and maintain the lands, waters or conservation easements for said
15 purposes, which are hereby declared a public use:
16 (A) For fish hatcheries, nursery ponds, or game animal or game bird
17 farms;
18 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
19 tion or protection;
20 (C) For public hunting, fishing or trapping areas to provide places
21 where the public may fish, hunt, or trap in accordance with the pro-
22 visions of law, or the regulation of the commission;
23 (D) To extend and consolidate by exchange, lands or waters suitable
24 for the above purposes.
25 8. Enter into cooperative agreements with educational institutions, and
26 state, federal, or other agencies to promote wildlife research and to
27 train students for wildlife management.
28 9. Enter into cooperative agreements with state and federal agencies,
29 municipalities, corporations, organized groups of landowners, associa-
30 tions, and individuals for the development of wildlife rearing, propagat-
31 ing, management, protection and demonstration projects.
32 10. In the event owners or lawful possessors of land have restricted the
33 operation of motor-propelled vehicles upon their land, the commission,
34 upon consultation with all other potentially affected landowners, and hav-
35 ing held a public hearing, if requested by not less than ten (10) resi-
36 dents of any county in which the land is located, may enter into coopera-
37 tive agreements with those owners or possessors to enforce those restric-
38 tions when the restrictions protect wildlife or wildlife habitat. Pro-
39 vided, however, the commission shall not enter into such agreements for
40 lands which either lie outside or are not adjacent to any adjoining the
41 proclaimed boundaries of the national forests in Idaho.
42 (A) The landowners, with the assistance of the department, shall
43 cause notice of the restrictions, including the effective date
44 thereof, to be posted on the main traveled roads entering the areas
45 to which the restrictions apply. Provided, however, that nothing in
46 this subsection shall allow the unlawful posting of signs or other
47 information on or adjacent to public highways as defined in subsec-
48 tion (5) of section 40-109, Idaho Code.
49 (B) Nothing in this section authorizes the establishment of any
50 restrictions that impede normal forest or range management opera-
51 tions.
52 (C) No person shall violate such restrictions on the use of motor-
53 propelled vehicles or tear down or lay down any fencing or gates
54 enclosing such a restricted area or remove, mutilate, damage or
55 destroy any notices, signs or markers giving notice of such restric-
5
1 tions. The commission may promulgate rules to administer the restric-
2 tions and cooperative agreements addressed in this subsection.
3 11. Capture, propagate, transport, buy, sell or exchange any species of
4 wildlife needed for propagation or stocking purposes, or to exercise con-
5 trol of undesirable species.
6 12. Adopt rules pertaining to the application for, issuance of and admin-
7 istration of a lifetime license certificate system.
8 13. Adopt rules governing the application and issuance of permits for and
9 administration of fishing contests on waters under the jurisdiction of the
10 state. The fee for each permit shall be as provided for in section 36-416,
11 Idaho Code.
12 14. Adopt rules governing the application for and issuance of licenses by
13 telephone and other electronic methods.
14 (c) Limitation on Powers. Nothing in this title shall be construed to
15 authorize the commission to change any penalty prescribed by law for a viola-
16 tion of its provisions, or to change the amount of license fees or the author-
17 ity conferred by licenses prescribed by law.
18 (d) Organization of Work. The commission shall organize the department,
19 in accordance with the provisions of title 67, Idaho Code, into administrative
20 units as may be necessary to efficiently administer said department. All
21 employees of the department except the director shall be selected and
22 appointed by the director in conformance with the provisions of chapter 53,
23 title 67, Idaho Code.
24 SECTION 2. That Section 36-106, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director
27 Created. The commission shall appoint a director of the department of fish and
28 game, hereinafter referred to as the director, who shall be a person with
29 knowledge of, and experience in, the requirements for the protection, conser-
30 vation, restoration, and management of the wildlife resources of the state.
31 The director shall not hold any other public office, nor any office in any
32 political party organization, and shall devote his entire time to the service
33 of the state in the discharge of his official duties, under the direction of
34 the commission.
35 (b) Secretary to Commission. The director or his designee shall serve as
36 secretary to the commission.
37 (c) Compensation and Expenses. The director shall receive such compensa-
38 tion as the commission, with the concurrence and approval of the governor, may
39 determine and shall be reimbursed at the rate provided by law for state
40 employees for all actual and necessary traveling and other expenses incurred
41 by him in the discharge of his official duties.
42 (d) Oath and Bond. Before entering upon the duties of his office, the
43 director shall take and subscribe to the official oath of office, as provided
44 by section 59-401, Idaho Code, and shall, in addition thereto, swear and
45 affirm that he holds no other public office, nor any position under any polit-
46 ical committee or party. Such oath, or affirmation, shall be signed in the
47 office of the secretary of state.
48 The director shall be bonded to the state of Idaho in the time, form and
49 manner prescribed by chapter 8, title 59, Idaho Code.
50 (e) Duties and Powers of Director.
51 1. The director shall have general supervision and control of all activi-
52 ties, functions, and employees of the department of fish and game, under
53 the supervision and direction of the commission, and shall enforce all the
6
1 provisions of the laws of the state, and rules and proclamations of the
2 commission relating to wild animals, birds, and fish and, further, shall
3 perform all the duties prescribed by section 67-2405, Idaho Code, and
4 other laws of the state not inconsistent with this act, and shall exercise
5 all necessary powers incident thereto not specifically conferred on the
6 commission.
7 2. The director is hereby authorized to appoint as many classified
8 employees as the commission may deem necessary to perform administrative
9 duties, to enforce the laws and to properly implement management, propa-
10 gation, and protection programs established for carrying out the purposes
11 of the Idaho fish and game code.
12 3. The appointment of such employees shall be made by the director in
13 accordance with chapter 53, title 67, Idaho Code, and rules promulgated
14 pursuant thereto, and they shall be compensated as provided therein. Said
15 employees shall be bonded to the state of Idaho in the time, form, and
16 manner prescribed by chapter 8, title 59, Idaho Code.
17 4. The director is hereby authorized to establish and maintain fish
18 hatcheries for the purpose of hatching, propagating, and distributing all
19 kinds of fish.
20 5. (A) The director, or any person appointed by him in writing to do
21 so, may take wildlife of any kind, dead or alive, or import the same,
22 subject to such conditions, restrictions and rules as he may provide,
23 for the purpose of inspection, cultivation, propagation, distribu-
24 tion, scientific or other purposes deemed by him to be of interest to
25 the fish and game resource of the state.
26 (B) The director shall have supervision over all of the matters per-
27 taining to the inspection, cultivation, propagation and distribution
28 of the wildlife propagated under the provisions of title 36, Idaho
29 Code. He shall also have the power and authority to obtain, by pur-
30 chase or otherwise, wildlife of any kind or variety which he may deem
31 most suitable for distribution in the state and may have the same
32 properly cared for and distributed throughout the state of Idaho as
33 he may deem necessary.
34 (C) The director is hereby authorized to issue a license/tag/permit
35 to a nonresident landowner who resides in a contiguous state for the
36 purpose of taking one (1) animal during an emergency depredation hunt
37 which includes the landowner's Idaho property subject to such condi-
38 tions, restrictions or rules as the director may provide. The fee for
39 this license/tag/permit shall be equal to the costs of a resident
40 hunting license, a resident tag fee and a resident depredation per-
41 mit.
42 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to
43 the contrary, on and after the effective date of this act, the direc-
44 tor shall not expend any funds, or take any action, or authorize any
45 employee or agent of the department or other person to take any
46 action, to undertake actual transplants of bighorn sheep into areas
47 they do not now inhabit or to augment the number of bighorn sheep in
48 existing herds until:
49 (i) The boards of county commissioners of the counties in
50 which the release is proposed to take place have been given rea-
51 sonable notice of the proposed release.
52 (ii) The affected federal and state land grazing permittees and
53 owners or leaseholders of private land in or contiguous to the
54 proposed release site have been given reasonable notice of the
55 proposed release.
7
1 (iii) The president pro tempore of the senate and the speaker of
2 the house of representatives have received from the director a
3 plan for the forthcoming year that details, to the best of the
4 department's ability, the proposed transplants which shall
5 include the estimated numbers of bighorn sheep to be trans-
6 planted and a description of the areas the proposed transplant
7 or transplants are planned for.
8 Upon request, the department shall grant one (1) hearing per
9 transplant if any affected individual or entity expresses written
10 concern within ten (10) days of notification regarding any trans-
11 plants of bighorn sheep and shall take into consideration these con-
12 cerns in approving, modifying or canceling any proposed bighorn sheep
13 transplant. Any such hearing shall be held within thirty (30) days of
14 the request. Upon any transplant of bighorn sheep into areas they do
15 not now inhabit or a transplant to augment existing populations, the
16 department shall provide for any affected federal or state land graz-
17 ing permittees or owners or leaseholders of private land a written
18 letter signed by all federal, state and private entities responsible
19 for the transplant stating that the existing sheep or livestock oper-
20 ations in the area of any such bighorn sheep transplant are recog-
21 nized and that the potential risk, if any, of disease transmission
22 and loss of bighorn sheep when the same invade domestic livestock or
23 sheep operations is accepted.
24 6. (A) The director shall have the power, at any time when it is
25 desired to introduce any new species, or if at any time any species
26 of wildlife of the state of Idaho shall be threatened with excessive
27 shooting, trapping, or angling or otherwise, to close any open season
28 for such time as he may designate; in the event an emergency is
29 declared to exist such closure shall become effective forthwith upon
30 written order of the director; in all other cases upon publication
31 and posting as provided in section 36-105, Idaho Code.
32 (B) In order to protect property from damage by wildlife, the fish
33 and game commission may delegate to the director or his designee the
34 authority to declare an open season upon that particular species of
35 wildlife to reduce its population. The director or his designee shall
36 make an order embodying his findings in respect to when, under what
37 circumstances, in which localities, by what means, and in what
38 amounts, numbers and sex the wildlife subject to the hunt may be
39 taken. In the event an emergency is declared to exist such open sea-
40 son shall become effective forthwith upon written order of the direc-
41 tor or his designee; in all other cases upon publication and posting
42 as provided in section 36-105, Idaho Code.
43 (C) Any order issued under authority hereof shall be published in at
44 least one (1) newspaper of general circulation in the area affected
45 by the order for at least once a week for two (2) consecutive weeks,
46 and such order shall be posted in public places in each county as the
47 director may direct.
48 (D) During the closure of any open season or the opening of any spe-
49 cial depredation season by the director all provisions of laws relat-
50 ing to the closed season or the special depredation season on such
51 wildlife shall be in force and whoever violates any of the provisions
52 shall be subject to the penalties prescribed therefor.
53 (E) Prior to the opening of any special depredation hunt, the direc-
54 tor or his designee shall be authorized to provide up to a maximum of
55 fifty percent (50%) of the available permits for such big game to the
8
1 landholder(s) of privately owned land within the hunt area or his
2 designees. If the landholder(s) chooses to designate hunters, he must
3 provide a written list of the names of designated individuals to the
4 department. If the landholder(s) fails to designate licensed hunt-
5 ers, then the department will issue the total available permits in
6 the manner set by rule. All hunters must have a current hunting
7 license and shall have equal access to both public and private lands
8 within the hunt boundaries. It shall be unlawful for any
9 landholder(s) to receive any form of compensation from a person who
10 obtains or uses a depredation controlled hunt permit.
11 7. The director shall make an annual report to the governor, the legisla-
12 ture, and the secretary of state, of the doings and conditions of his
13 office, which report shall be made in accordance with section 67-2509,
14 Idaho Code.
15 8. The director may sell or cause to be sold publications and materials
16 in accordance with section 59-1012, Idaho Code.
17 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or
18 transported by the department of fish and game shall be tested for the
19 presence of certain communicable diseases that can be transmitted to
20 domestic livestock. Those communicable diseases to be tested for shall be
21 arrived at by mutual agreement between the department of fish and game and
22 the department of agriculture. Any moneys expended by the department of
23 fish and game on wildlife disease research shall be mutually agreed upon
24 by the department of fish and game and the department of agriculture.
25 In addition, a comprehensive animal health program for all deer, elk,
26 antelope, moose, bighorn sheep, or bison imported into, transported, or
27 resident within the state of Idaho shall be implemented after said program
28 is mutually agreed upon by the department of fish and game and the depart-
29 ment of agriculture.
30 In order to enhance and protect the health of wildlife within the
31 state, as well as safeguard the health of livestock resources, the direc-
32 tor of the department of agriculture shall employ at least one (1) veteri-
33 narian licensed in Idaho whose duties shall include, but not be limited
34 to, addressing wildlife disease issues and coordinating disease prevention
35 work between the department of fish and game and the department of agri-
36 culture. The employing of said veterinarian shall be by mutual agreement
37 of the director of the department of fish and game and of the director of
38 the department of agriculture. The veterinarian shall be on the staff of
39 the division of animal industries, department of agriculture. The salary
40 or compensation to be paid said veterinarian or veterinarians shall be
41 divided equally between the department of fish and game and the department
42 of agriculture, and the department of fish and game's portion shall be
43 deposited directly into the livestock disease control account. The veteri-
44 narian shall be employed on and after July 1, 1989.
45 10. In order to monitor and evaluate the disease status of wildlife and to
46 protect Idaho's livestock resources, any suspicion by fish and game per-
47 sonnel of a potential communicable disease process in wildlife shall be
48 reported within twenty-four (24) hours to the department of agriculture.
49 All samples collected for disease monitoring or disease evaluation of
50 wildlife shall be submitted to the division of animal industries, depart-
51 ment of agriculture.
52 11. (A) The director is authorized to enter into an agreement with an
53 independent contractor for the purpose of providing a telephone order
54 and credit card payment service for controlled hunt permits,
55 licenses, tags, and permits.
9
1 (B) The contractor may collect a fee for its service in an amount to
2 be set by contract.
3 (C) All moneys collected for the telephone orders of such licenses,
4 tags, and permits shall be and remain the property of the state, and
5 such moneys shall be directly deposited by the contractor into the
6 state treasurer's account in accordance with the provisions of sec-
7 tion 59-1014, Idaho Code. The contractor shall furnish a good and
8 sufficient surety bond to the state of Idaho in an amount sufficient
9 to cover the amount of the telephone orders and potential refunds.
10 (D) The refund of moneys for unsuccessful controlled hunt permit
11 applications and licenses, tags, and permits approved by the depart-
12 ment may be made by the contractor crediting the applicant's or
13 licensee's credit card account.
14 12. The director may define activities or facilities that primarily pro-
15 vide a benefit: to the department; to a person; for personal use; to a
16 commercial enterprise; or for a commercial purpose.
17 SECTION 3. LEGISLATIVE INTENT. It is the intent of the Legislature that:
18 the upland game and waterfowl habitat improvement programs initiated with the
19 upland game permit and waterfowl stamp be continued by the commission and
20 department; and the department and commission budget for these programs
21 through the normal budget process.
22 SECTION 4. That Section 36-111, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 36-111. FISH AND GAME SET-ASIDE ACCOUNT. (1) There is hereby established
25 the fish and game set-aside account in the dedicated fund. The account shall
26 have paid into it moneys as follows:
27 (a) Three Four dollars ($34.00) of each steelhead trout or anadromous
28 salmon permit sold. Moneys from this source shall be used for the acquisi-
29 tion, development and maintenance of parking areas, access sites, boat
30 ramps and sanitation facilities in salmon and steelhead fishing areas, for
31 management of and research on steelhead trout and anadromous salmon prob-
32 lems, and for technical assistance with litigation concerning steelhead
33 and anadromous salmon originating in Idaho.
34 (b) Two dollars ($2.00) from each combination hunting and fishing
35 license, or each hunting license sold, as provided in sections 36-406 and
36 36-407, Idaho Code, except that class 4 licenses shall be exempt from this
37 provision. Moneys from this source shall be used for the purposes of
38 acquiring access to and acquiring and rehabilitating big game ranges and
39 upland bird and waterfowl habitats. Unless it is inconsistent with the
40 goals of the commission, it is the intent of the legislature that the com-
41 mission negotiate lease arrangements as compared with outright purchase of
42 private property.
43 (c) One dollar and fifty cents ($1.50) from each antelope, elk and deer
44 tag sold as provided in section 36-409, Idaho Code. Not less than seventy-
45 five cents (75) of each one dollar and fifty cents ($1.50) collected
46 shall be placed in a separate account to be designated as a feeding
47 account. Moneys in this account shall be used exclusively for the purposes
48 of winter feeding of and rehabilitation of winter range for antelope, elk
49 and deer. The balance of moneys realized from this source may be used for
50 the control of depredation of private property by antelope, elk and deer
51 and control of predators affecting antelope, elk and deer. Moneys in the
52 feeding account shall not be used for any purpose other than winter feed-
10
1 ing as herein specified until the total funds in the account, including
2 any interest earnings thereon, equal or exceed four hundred thousand dol-
3 lars ($400,000). Moneys in the feeding account may not be expended except
4 upon the declaration of a feeding emergency by the director of the depart-
5 ment of fish and game. Such emergency need not exist on a statewide basis
6 but can be declared with respect to one (1) or more regions of the state.
7 The department shall by rule establish the criteria for a feeding emer-
8 gency.
9 (d) Those amounts designated by individuals in accordance with section
10 63-3067A(c)(i), Idaho Code, and from fees paid under the provisions of
11 section 49-417, Idaho Code. Moneys from these sources shall be used for a
12 nongame management and protection program under the direction of the fish
13 and game commission.
14 (e) All moneys received from the sale of upland game permits. Moneys from
15 this source shall be used as provided by section 36-409(h), Idaho Code.
16 (f) Moneys received from the sale of migratory waterfowl stamps. Moneys
17 received from this source shall be used as provided by section 36-414,
18 Idaho Code.
19 (g) Money derived from the assessment of processing fees. Moneys derived
20 from this source shall be used as provided in section 36-1407, Idaho Code.
21 (2) Moneys in the fish and game set-aside account and the feeding account
22 established in subsection (1)(c) of this section are subject to appropriation,
23 and the provisions of section 67-3516, Idaho Code. Moneys in the fish and game
24 set-aside account and the feeding account shall be invested by the state trea-
25 surer in the manner provided for investment of idle state moneys in the state
26 treasury by section 67-1210, Idaho Code, with interest earned on investments
27 from each account to be paid into that account.
28 SECTION 5. That Section 36-306, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 36-306. VENDOR FEE. All persons authorized to issue licenses shall charge
31 a vendor issuance fee of one dollar and fifty cents ($1.50) upon all licenses
32 issued, not less than one-half (1/2) to be retained by them as compensation
33 for the issuance of such licenses as may be specified by contract between the
34 license vendor and the department for license issuance services performed by
35 the vendor; provided that the vendor fee for an eighth class license as that
36 license is provided for in section 36-406(f), Idaho Code, or the deer, elk and
37 bear "pak" as provided for in section 36-409(c), Idaho Code, shall be equal to
38 one-half (1/2) the total vendor fee had each license, tag, permit or stamp
39 been separately issued. The amount of the vendor fee retained by the depart-
40 ment shall be deposited in the fish and game account and shall be used to help
41 offset the cost of the computerized licensing system. Such vendor fee shall be
42 charged in addition to the regular cost of the license. However, in the case
43 of crayfish or minnow traps, beaver, bobcat or lynx tags the vendor fee shall
44 be charged for each issuance of tags for each species regardless of the number
45 of tags issued in said transaction. Proceeds from department issued licenses
46 may be set aside for the department's special operations program, including
47 citizens against poaching.
48 SECTION 6. That Section 36-401, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 36-401. HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS.
51 No person shall hunt, trap, or fish for or take any wild animal, bird or fish
11
1 of this state, without first having procured a license as hereinafter pro-
2 vided. Provided that no license shall be required:
3 (a) 1. For children under the age of fourteen (14) years who are resi-
4 dents of this state to fish during the open season therefor.
5 2. For nonresident children under the age of fourteen (14) years to fish
6 during the open season therefor provided they are accompanied by the
7 holder of a valid fishing license, and provided further that any fish
8 caught by such nonresident children shall be included in the bag and pos-
9 session limit of such license holder.
10 3. For resident children under the age of twelve (12) years to hunt, take
11 or kill predatory, unprotected birds and animals by means other than with
12 firearms.
13 4. For resident children under the age of fourteen (14) years to trap
14 muskrats from irrigation ditches or property on which they live during the
15 open season.
16 5. For children under the age of eighteen (18) years who are residents of
17 a licensed foster home, a foster group home, or a child welfare institu-
18 tion to fish during the open season therefor, provided they are accompa-
19 nied and supervised by the director, officer, or other employee of the
20 facility where the child resides.
21 (b) For any person to fish on a "free fishing day" as may be designated
22 by the commission.
23 (c) Institutional Inmates. For any inmate of the state hospital north,
24 state hospital south, Idaho state school and hospital, and state veterans
25 homes to fish during open seasons, provided said inmate has a permit therefor
26 from the director. The director is authorized to issue such permits upon the
27 request of the head of the respective institution having custody of said
28 inmate upon a showing that the institution recommends the issuance of such
29 permit and will assume full responsibility for and control over said inmate
30 while using said permit.
31 (d) Resident Military Personnel. For resident persons engaged in the mil-
32 itary service of the United States, while on temporary furlough or leave, upon
33 receipt of a temporary permit from the director, to hunt and fish during the
34 open season.
35 (e) State Juvenile Corrections Center Students. For students of the state
36 juvenile corrections center, under the supervision of an officer of the cen-
37 ter, to fish during the open season.
38 (fe) Boy Scouts. For boy scouts who are official participants in atten-
39 dance at national or international encampments at Farragut State Park to take
40 fish during the encampment period from Lake Pend Oreille in such areas and
41 such numbers as may be designated by the commission.
42 (gf) Participants in Fish and Game Sponsored Functions. For persons who
43 are official participants in attendance at official department sponsored func-
44 tions including clinics, courses or other educational events, while under the
45 supervision of a department approved instructor for the function, to fish dur-
46 ing any open season, provided that the instructor has been issued an educa-
47 tional fishing permit by the director.
48 (hg) Nothing contained herein shall be construed to prohibit citizens of
49 the United States who are residents of the state of Idaho from carrying arms
50 for the protection of life and property.
51 SECTION 7. That Section 36-404, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 36-404. CLASSES OF LICENSES. The licenses required by the provisions of
12
1 this title shall be of eight (8) classes. Licenses of the first five (5) clas-
2 ses mentioned in this section may be purchased or obtained only by persons who
3 meet residency requirements under the provisions of section 36-202(s) and (t),
4 Idaho Code, or who 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 Combination -- Hunting -- Fishing -- Trapping --
26 Licenses. Licenses 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(s) and (t), Idaho Code.
35 SECTION 8. That Section 36-405, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 36-405. APPLICATION FOR LICENSE -- DUPLICATE LICENSE -- UNLAWFUL PUR-
38 CHASE, POSSESSION, AND USE OF LICENSE. (a) Application Required.
39 1. Any person making application for a senior resident license, or resi-
40 dent license shall provide his Idaho driver's license number as proof of
41 residence, or in the case of nondrivers, other suitable proof of resi-
42 dency, and state the class of license applied for, the name of the appli-
43 cant, the age of the applicant, his date of birth, his length of resi-
44 dence, his current address, and such other information as may be required
45 by the director.
46 2. Any person making application for a duplicate license shall state the
47 type and class of license originally purchased and such other information
48 as may be required by the director.
49 3. No person shall willfully make a false statement as to:
50 (A) Name, age, his date of birth, length of residence or current
51 address when such statement is made for the purpose of obtaining any
52 license.
53 (B) Type and class of original license purchased when applying for a
13
1 duplicate license.
2 (b) Loss of License -- New One Required. In case of loss of a license, a
3 new one shall be required to entitle the person who lost the same to hunt,
4 fish or trap. Such person may upon application:
5 1. Purchase a new license at the regular fee; or
6 2. Replace a lost license with a duplicate license for which a fee of two
7 dollars ($2.00) as specified in section 36-416, Idaho Code, shall be
8 charged.
9 3. When a duplicate license has been issued the original license shall
10 become null and void.
11 (c) Unlawful Purchase, Possession and Use of License.
12 1. Every person buying a license must buy a license of the proper type or
13 class according to his residence and age. No person shall purchase or pos-
14 sess a license of the wrong class and such license shall be void and of no
15 effect from the date of issuance.
16 2. No person shall:
17 (A) Acquire more than one (1) regular controlled hunt permit per
18 species or more tags per species than the commission has set a bag
19 limit for that species except as provided in subsection (b) of this
20 section or to have said permits or tags in his possession.
21 (B) Transfer any fishing, hunting, or trapping license to any other
22 person or for any person to make use of such license issued to any
23 other person.
24 SECTION 9. That Section 36-406, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 36-406. RESIDENT FISHING, HUNTING AND TRAPPING LICENSES -- FEES. (a)
27 Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of
28 the first class may be had by a person possessing the qualifications therein
29 described on payment of twenty dollars ($20.00) a fee as specified in section
30 36-416, Idaho Code, for a combined fishing and hunting license entitling the
31 purchaser to hunt and fish for game animals, game birds, unprotected and pred-
32 atory animals and fish of the state, fifteen dollars ($15.00) a fee as speci-
33 fied in section 36-416, Idaho Code, for a fishing license entitling the pur-
34 chaser to fish in the public waters of the state, six dollars ($6.00) a fee as
35 specified in section 36-416, Idaho Code, for a hunting license entitling the
36 purchaser to hunt game animals, game birds, unprotected and predatory animals
37 of the state, and twenty-five dollars ($25.00) a fee as specified in section
38 36-416, Idaho Code, for a trapping license entitling the purchaser to trap
39 furbearers, unprotected and predatory animals of the state.
40 (b) Youth Licenses -- Hunting -- Trapping. A license of the second class
41 may be had by a person possessing the qualifications therein described on pay-
42 ment of four dollars ($4.00) a fee as specified in section 36-416, Idaho Code,
43 for a hunting license, and five dollars ($5.00) a fee as specified in section
44 36-416, Idaho Code, for a trapping license entitling the purchaser to the same
45 privileges as the corresponding license of the first class provides.
46 (c) Youth Combination -- Fishing Licenses. A license of the third class
47 may be purchased by a person possessing the qualifications therein described
48 on payment of ten dollars ($10.00) a fee as specified in section 36-416, Idaho
49 Code, for a combined fishing and hunting license, and seven dollars ($7.00) a
50 fee as specified in section 36-416, Idaho Code, for a fishing license enti-
51 tling the purchaser to the same privileges as the corresponding license of the
52 first class provides.
53 (d) Senior Resident Combination. A license of the fourth class may be had
14
1 by a person possessing the qualifications therein described on payment of
2 three dollars ($3.00) a fee as specified in section 36-416, Idaho Code, for a
3 combined fishing and hunting license entitling the purchaser to the same priv-
4 ileges as the corresponding license of the first class provides.
5 (e) Lifetime Licenses -- Combination -- Hunting -- Fishing. A license of
6 the fifth class may be obtained at no additional charge by a person possessing
7 the qualifications therein described for a combined hunting and fishing
8 license, for a hunting license, or for a fishing license, entitling the person
9 to the same privileges as the corresponding license of the first class pro-
10 vides. Lifetime licensees must be certified under the provisions of section
11 36-411, Idaho Code, before being issued a license to hunt.
12 (f) A license of the eighth class may be had by a person possessing the
13 qualifications therein described on payment of eighty-one dollars ($81.00) a
14 fee as specified in section 36-416, Idaho Code, entitling the purchaser to
15 hunt and fish for game animals, game birds, fish, and unprotected and preda-
16 tory animals of the state. With payment of the required fee, a person shall
17 receive with this license a deer tag, an elk tag, a bear tag, a turkey tag, a
18 mountain lion tag, an archery hunt permit, a muzzleloader permit, an upland
19 game permit, a migratory waterfowl validation, a steelhead trout permit and an
20 anadromous salmon permit. The director shall promptly transmit to the state
21 treasurer all moneys received pursuant to this subsection for deposit as fol-
22 lows:
23 (i) Three Four dollars ($34.00) in the set-aside account for the pur-
24 poses of section 36-111(1)(a), Idaho Code;
25 (ii) Two dollars ($2.00) in the set-aside account for the purposes of
26 section 36-111(1)(b), Idaho Code;
27 (iii) One dollar and fifty cents ($1.50) in the set-aside account for the
28 purposes of section 36-111(1)(c), Idaho Code; and
29 (iv) Five dollars ($5.00) in the set-aside account for the purposes of
30 section 36-111(1)(e), Idaho Code;
31 (v) Two dollars ($2.00) in the set-aside account for the purposes of
32 section 36-111(1)(f), Idaho Code; and
33 (vi) The balance in the fish and game account.
34 All persons purchasing a license pursuant to this subsection shall observe
35 and shall be subject to all rules of the commission regarding the fish and
36 wildlife of the state.
37 If the purchaser of this license does not meet the archery education
38 requirements of section 36-411(b), Idaho Code, then, notwithstanding the pro-
39 visions of section 36-304, Idaho Code, the archery hunt permit portion of this
40 license is invalid. The fee for this license will not change and the issuer of
41 the license must indicate on the face of the license that be issued without
42 the archery permit is invalidated validation.
43 (g) Disabled Persons Licenses -- Combination -- Fishing. A license of the
44 first class may be had by any resident disabled person on payment of three
45 dollars ($3.00) a fee as specified in section 36-416, Idaho Code, for a com-
46 bined fishing and hunting license, and a fee as specified in section 36-416,
47 Idaho Code, for a fishing license, entitling the purchaser to the same privi-
48 leges as the corresponding license of the first class provides. A disabled
49 person means a person who is certified as eligible for federal supplemental
50 security income (SSI); social security disability income (SSDI); a nonservice-
51 connected veterans pension; or a service-connected veterans disability benefit
52 with forty percent (40%) or more disability.
53 (h) Military Furlough Licenses -- Combination -- Fishing. A license of the
54 first class may be had by a resident person engaged in the military service of
55 the United States, while on temporary furlough or leave, possessing the quali-
15
1 fications therein described on payment of a fee as specified in section
2 36-416, Idaho Code, for a combined fishing and hunting license, and as speci-
3 fied in section 36-416, Idaho Code, for a fishing license.
4 SECTION 10. That Section 36-406A, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 36-406A. TWO POLE VALIDATION. The commission is authorized to promulgate
7 rules specifying seasons and waters where a resident or nonresident may apply
8 for a validation to be placed on their fishing license authorizing the person
9 to use two (2) poles on waters that have been designated as "two pole" waters
10 by commission rule subject to payment of a seven dollar and fifty cent ($7.50)
11 fee as specified in section 36-416, Idaho Code. A person who has a validation
12 may utilize two (2) poles to fish with during the season so specified by com-
13 mission rule and on the waters so specified by commission rule. The fee
14 imposed by this section shall be deposited in the fish and game account.
15 SECTION 11. That Section 36-407, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 36-407. NONRESIDENT COMBINATION, FISHING, HUNTING, AND TRAPPING LICENSES
18 -- FEES -- RIGHTS UNDER. Licenses of the sixth class shall be issued to non-
19 residents in the several kinds and for fees as follows:
20 (a) Nonresident Hunting License. A license issued only to a person twelve
21 (12) years of age or older entitling said person to pursue, hunt, or kill game
22 birds, small game animals, unprotected birds and animals and predatory birds
23 and animals and to purchase game tags as provided in section 36-409(b), Idaho
24 Code. Provided, that a license may be issued to qualified persons who are
25 eleven (11) years of age to allow the application for a controlled hunt per-
26 mit; however, said persons shall not hunt until they are twelve (12) years of
27 age. A license of this kind may be had upon payment of one hundred dollars
28 ($100) a fee as specified in section 36-416, Idaho Code.
29 (b) Nonresident Season Fishing License. A license entitling a person to
30 fish in the public waters of the state. A license of this kind may be had by
31 persons fourteen (14) years of age or older upon payment of fifty dollars
32 ($50.00) a fee as specified in section 36-416, Idaho Code.
33 (c) Nonresident Trapping License. A license entitling a person to trap
34 fur-bearing, unprotected, and predatory animals. A license of this kind may be
35 had upon payment of one hundred and fifty dollars ($150) a fee as specified in
36 section 36-416, Idaho Code, providing the state of residence of said person
37 grants similar trapping license privileges to residents of Idaho.
38 (d) Nonresident Nongame License. A license entitling a person to carry a
39 shotgun or rifle for the protection of livestock, or to pursue, hunt and kill
40 unprotected birds and animals and predatory birds and animals of this state. A
41 license of this kind may be had by a nonresident person who is twelve (12)
42 years of age or older upon payment of fifteen dollars ($15.00) a fee as speci-
43 fied in section 36-416, Idaho Code. This license shall be valid only during
44 the period of January 1 to August 31 of the calendar year in which issued,
45 unless verified by the director that the licensee requires such a license to
46 authorize him to carry a shotgun or rifle for the protection of livestock, in
47 which case said license shall be valid until December 31 of the year in which
48 issued.
49 (e) Nonresident Two Day Small Game Hunting License. A license issued only
50 to a person twelve (12) years of age or older, entitling the person to hunt
51 upland game birds (to include turkeys), migratory game birds, cottontail rab-
16
1 bits, and pygmy rabbits. for any two (2) consecutive days. A person holding
2 this license shall purchase the appropriate required tags and permits, and may
3 not hunt pheasants in an area during the first five (5) days of the pheasant
4 season in that area. A license of this type may be had upon payment of fifty-
5 five dollars ($55.00) a fee as specified in section 36-416, Idaho Code.
6 (f) Falconry Meet Permit. The director may issue a special permit for a
7 regulated meet scheduled for a specific number of days upon payment of ten
8 dollars ($10.00) a fee as specified in section 36-416, Idaho Code. Only
9 trained raptors may be used under the special permit issued under the provi-
10 sions of this subsection.
11 (g) Daily Fishing License -- Resident May Purchase. A license entitling a
12 person to fish in the waters of the state on a day-to-day basis. A license of
13 this kind may be had by a resident or nonresident person (the provisions of
14 section 36-405, Idaho Code, notwithstanding), upon payment of six dollars
15 ($6.00) a fee as specified in section 36-416, Idaho Code, for the first effec-
16 tive day and three dollars ($3.00) a fee as specified in section 36-416, Idaho
17 Code, for each consecutive day thereafter.
18 (h) Nonresident Three Day Fishing License with Steelhead or Salmon Per-
19 mit. A license entitling a nonresident to fish in the waters of the state for
20 a period of three (3) consecutive days for any fish, including steelhead trout
21 or anadromous salmon during an open season for those fish may be had upon pay-
22 ment of thirty dollars ($30.00) a fee as specified in section 36-416, Idaho
23 Code. The three (3) day license holder may fish for and take one (1) any spe-
24 cies of fish, steelhead trout and one (1) anadromous salmon or either two (2)
25 steelhead trout or two (2) anadromous salmon subject to the limitations pre-
26 scribed in this title and rules promulgated by the commission. A nonresident
27 may purchase as many of the licenses provided in this subsection as he desires
28 provided that the nonresident is otherwise eligible to do so. Moneys collected
29 pursuant to this subsection shall be remitted as specified by law.
30 (i) Nonresident Juvenile Fishing License. A license entitling a nonresi-
31 dent who is less than eighteen (18) years of age to fish in the waters of this
32 state at any lawful time and during any open season, except for steelhead
33 trout or anadromous salmon, may be had upon payment of twenty dollars
34 ($20.00). Moneys collected pursuant to this subsection shall be remitted as
35 provided by law a fee as specified in section 36-416, Idaho Code.
36 (j) Nonresident Combination Licenses. A license entitling the person to
37 hunt and fish for game animals, game birds, fish and unprotected and predatory
38 animals of the state may be had by a person twelve (12) years of age or older
39 upon payment of a fee as specified in section 36-416, Idaho Code. A license
40 may be issued to a qualified person who is eleven (11) years of age to allow
41 the application for a controlled hunt permit; however the person shall not
42 hunt until they are twelve (12) years of age.
43 SECTION 12. That Section 36-409, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 36-409. GAME TAGS -- ARCHERY PERMITS -- FEES -- PENALTY. (a) Resident
46 Game Tags. A resident who has obtained a permit to hunt, as provided in sec-
47 tion 36-401, Idaho Code, or has purchased or obtained a license to hunt, as
48 provided in section 36-406, Idaho Code, upon payment of the fees provided
49 herein shall be eligible to receive a resident game tag to hunt and kill a
50 moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear,
51 sandhill crane or turkey in accordance with the laws of this state and rules
52 promulgated by the commission; provided further, that any person seventy (70)
53 years of age or older who holds a senior resident combination license or any
17
1 person who holds a youth combination or hunting license or any disabled Ameri-
2 can veteran who holds a disabled combination license, may be issued a bear,
3 deer or elk tag without charge for a fee as specified in section 36-416, Idaho
4 Code; provided further, that resident game tags may be issued only to those
5 persons who meet residency requirements of subsection (s) of section 36-202,
6 Idaho Code.
7 (b) Nonresident Game Tags. A nonresident who has purchased a hunting
8 license to hunt, as provided in section 36-407(a), Idaho Code, or has obtained
9 a license to hunt, as provided in section 36-406(e), Idaho Code, or a resident
10 who has purchased or obtained a license to hunt, as provided in section
11 36-406, Idaho Code, upon payment of the fees provided herein, shall be eligi-
12 ble to receive a nonresident tag to hunt and kill a moose, bighorn sheep,
13 mountain goat, elk, deer, antelope, mountain lion, bear, sandhill crane or
14 turkey in accordance with the laws of this state and rules promulgated by the
15 commission.
16 (c) Schedule of Game Tag Fees.
17 Game Resident Nonresident
18 Moose $60.00 $900.00
19 Bighorn Sheep 60.00 900.00
20 Mountain Goat 60.00 900.00
21 Elk 21.00 331.00
22 Deer 15.00 231.00
23 Antelope 26.50 225.00
24 Mountain Lion 25.00 225.00
25 Bear 6.00 225.00
26 Turkey 6.00 35.00
27 Deer, Elk and Bear "Pak" 41.00 not applicable
28 (d) Game Tags Required. The appropriate tag must be had for the hunting or
29 taking of each and every one (1) of the aforementioned wildlife. Provided,
30 however, that the requirements for a mountain lion tag or a bear tag, as to
31 different periods of time and areas of the state, shall be determined and
32 specified by the commission. Provided further, that the commission may promul-
33 gate rules to allow a nonresident deer tag to be used to hunt and kill either
34 a bear or a mountain lion during the open season for deer in that area, unit
35 or zone as may be specified by the commission. All of said tags are to bear
36 and have serial numbers.
37 (ed) Game Tag to Be Validated and Attached to Carcass. As soon as any
38 person kills any wildlife for which a tag is required, said tag, belonging to
39 him, must be validated and attached to said wildlife in a manner provided by
40 commission regulation rule.
41 (fe) Archery Permits. In addition to meeting the license and tag require-
42 ments provided in this chapter, any persons participating in any controlled or
43 general game season which has been specifically designated as an archery hunt
44 must have in his possession an archery hunt permit which may be purchased at a
45 fee of seven dollars and fifty cents ($7.50) as specified in section 36-416,
46 Idaho Code.
47 (gf) Muzzleloader Permit. In addition to meeting the license and tag
48 requirements provided in this chapter, any person participating in any con-
49 trolled or general game season which has been specifically designated as a
50 muzzleloader hunt must have in his possession a muzzleloader permit which may
51 be purchased at a fee of seven dollars and fifty cents ($7.50) as specified in
52 section 36-416, Idaho Code.
53 (h) Upland Game Bird Stamp. The commission may, under rules as it may
54 prescribe, issue an upland game bird stamp that must be purchased by all per-
55 sons over sixteen (16) years of age prior to hunting upland game birds, pro-
18
1 vided that a stamp shall not be required to hunt forest grouse (blue, ruffed
2 or spruce), sharp-tailed grouse, sage grouse, or turkey. The fee for such a
3 stamp shall be five dollars ($5.00) and the proceeds from the sale of such
4 stamps shall be utilized for the acquisition of state and federal lands or
5 interests of less than fee simple in private lands and the development, man-
6 agement, improvement, sale or exchange of upland game bird habitat in accor-
7 dance with Idaho fish and game commission order number 95-07. This subsection
8 shall be null and void and of no force and effect on and after July 1, 2000.
9 (ig) Hound Hunter Permit -- Resident -- Nonresident. Any person using a
10 dog for the purpose of hunting or for taking, as defined in section 36-202,
11 Idaho Code, big game or furbearing animals must have in his possession a valid
12 hound hunter permit which may be purchased by resident and nonresident license
13 holders for a fee of ten dollars ($10.00) as specified in section 36-416,
14 Idaho Code.
15 (jh) Nonresident Bird of Prey Capture Permit. The commission may, under
16 rules as it may prescribe, issue a nonresident bird of prey capture permit.
17 This capture permit may be purchased by any licensed, nonresident falconer for
18 capturing birds of prey in Idaho. The fee for the permit shall be one hundred
19 dollars ($100) as specified in section 36-416, Idaho Code, and the permit
20 shall be issued under the condition that the nonresident's home state allows
21 reciprocal raptor capturing privileges for Idaho falconers. Any funds in
22 excess of those required to issue and administer nonresident capture permits
23 shall be used to issue and administer any resident falconry program estab-
24 lished by the commission.
25 (ki) Wildlife Management Area (WMA) Pheasant Permit. The commission may,
26 under rules as it may prescribe, issue a wildlife management area pheasant
27 permit that must be purchased by all persons over sixteen (16) years of age
28 prior to hunting pheasants on state wildlife management areas designated by
29 the commission. The fee for the permit shall be ten dollars ($10.00) as speci-
30 fied in section 36-416, Idaho Code.
31 (j) Bear Baiting Permit. The commission may, under rules as it may pre-
32 scribe, issue a bear baiting permit. Any person placing or using bait as may
33 be allowed by rule for the purpose of attracting bear must have in his posses-
34 sion a valid bear baiting permit which may be purchased by a license holder
35 for a fee as specified in section 36-416, Idaho Code.
36 (k) Migratory Bird Harvest Information Program Permit. The commission
37 may, as provided by federal laws or regulations and under rules as it may pre-
38 scribe, issue a migratory bird harvest information program permit that must be
39 purchased by all persons prior to hunting migratory game birds as required by
40 federal law or regulations. The fee for the permit shall be as specified in
41 section 36-416, Idaho Code.
42 (l) Dog Field Trial Permit. The commission may, under rules as it may
43 prescribe, issue a dog field trial permit to any person using birds for dog
44 field trials or training as may be allowed by rule. The permit may be pur-
45 chased for a fee as specified in section 36-416, Idaho Code.
46 SECTION 13. That Section 36-410, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 36-410. STEELHEAD TROUT -- ANADROMOUS SALMON PERMITS. No person shall
49 fish for steelhead trout or anadromous salmon except as herein provided:
50 (a) Permits Required -- Fee. Any person holding a valid fishing or com-
51 bined fishing and hunting license of a class and kind mentioned in section
52 36-406 or in subsection (b) of section 36-407, Idaho Code, may purchase one
53 (1) steelhead trout permit or one (1) anadromous salmon permit at a fee of
19
1 five dollars ($5.00) as specified in section 36-416, Idaho Code, for each kind
2 of permit. The person to whom such permits are issued shall then be entitled
3 to fish for and take steelhead trout and/or anadromous salmon subject to the
4 limitations prescribed in this title and regulations rules promulgated by the
5 commission. Permits shall be valid only during the period of time that the
6 corresponding basic license is valid.
7 (b) Unlicensed Resident. Bona fide residents of Idaho who are expressly
8 exempt from license requirements to fish in the public waters of the state may
9 choose one (1) of the following options:
10 1. Purchase and use such permits as an individual; or
11 2. May fish for and take steelhead trout and/or anadromous salmon without
12 having permits therefor if accompanied by a properly licensed permit
13 holder, provided that any such fish caught shall be included in the daily,
14 seasonal and possession limit of the accompanying licensed permit holder.
15 (c) Unlicensed Nonresident Children. Unlicensed nonresident children
16 under the age of fourteen (14) years shall not be eligible to obtain a
17 steelhead trout or anadromous salmon permit, but may take such fish if accom-
18 panied by a holder of a valid license and permit, provided that any steelhead
19 trout or anadromous salmon caught by such children shall be included in the
20 daily, seasonal and possession limit of the accompanying licensed permit
21 holder.
22 SECTION 14. That section 36-414, Idaho Code, be, and the same is hereby
23 repealed.
24 SECTION 15. That Chapter 4, Title 36, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 36-416, Idaho Code, and to read as follows:
27 36-416. SCHEDULE OF LICENSE FEES.
28 (a) Sport Licenses.
29 License: Resident Nonresident
30 Combination License $ 29.00 $ 174.00
31 Hunting License 12.00 127.00
32 Fishing License 20.00 66.50
33 Sr. Combination License (65 and older) 3.00 N/A
34 Sportsman's Pak License 99.50 N/A
35 Jr. Combination License 14.50 N/A
36 Jr. Hunting License 6.00 N/A
37 Jr. Fishing License 10.00 33.00
38 Disabled Combination License 3.00 N/A
39 Disabled Fishing License 3.00 N/A
40 Military Furlough Combination License 14.50 N/A
41 Military Furlough Fishing License 14.50 N/A
42 Small Game Hunting License N/A 72.00
43 Daily Fishing (1st-day) License 9.00 9.00
44 Consecutive Day Fishing License 4.00 4.00
45 3 Day Fishing with Salmon/Steelhead Permit N/A 25.00
46 Non-Game Hunting License N/A 25.00
47 (b) Sport Tags.
48 Deer Tag $ 16.50 $ 233.50
49 Jr. or Sr. or Disabled American Veteran
50 Deer Tag 8.25 N/A
51 Elk Tag 27.00 337.00
20
1 Jr. or Sr. or Disabled American Veteran
2 Elk Tag 13.50 N/A
3 Bear Tag 9.00 233.50
4 Jr. or Sr. or Disabled American Veteran
5 Bear Tag 4.50 N/A
6 Turkey Tag 16.50 60.00
7 Mountain Lion Tag 9.00 233.50
8 Antelope Tag 27.00 233.50
9 Moose Tag 150.00 1,500.00
10 Sheep Tag 150.00 1,500.00
11 Goat Tag 150.00 1,500.00
12 Sandhill Crane Tag 16.50 60.00
13 (c) Sport Permits.
14 Bear Baiting Permit $ 10.00 $ 10.00
15 Hound Hunter Permit 16.00 127.00
16 WMA Pheasant Permit 20.00 20.00
17 Archery Permit 15.00 15.00
18 Muzzleloader Permit 15.00 15.00
19 Salmon Permit 10.00 10.00
20 Steelhead Permit 10.00 10.00
21 Federal Migratory Bird Harvest Info. Permit 0.00 0.00
22 Handicapped Archery Permit 0.00 0.00
23 2-Pole Fishing Permit 10.00 10.00
24 Controlled Hunt Permit 0.00 0.00
25 (d) Commercial.
26 Raptor Captive Breeding Permit $ 60.00 $ 60.00
27 Falconry Permit 25.00 N/A
28 Falconry Capture Permit N/A 127.00
29 Jr. Trapping License 5.00 N/A
30 Trapping License 25.00 250.00
31 Fur Buyer License 20.00 100.00
32 Taxidermist License 30.00 150.00
33 Commercial Wildlife Farm License 125.00 N/A
34 Commercial Fishing License 100.00 200.00
35 Wholesale Steelhead License 150.00 150.00
36 Retail Steelhead Trout Buyer's License 30.00 30.00
37 (e) Commercial Tags.
38 Bobcat Tag (Not to exceed) $ 7.50 $ 7.50
39 Lynx Tag (Not to exceed) 7.50 7.50
40 Beaver Tag (Not to exceed) 5.00 5.00
41 Net Tag 50.00 50.00
42 Crayfish/Minnow Tag 1.00 1.00
43 (f) Miscellaneous-Other Licenses.
44 Duplicate License $ 5.00 $ 5.00
45 Shooting Preserve License 12.00 12.00
46 Captive Wolf License 20.00 N/A
47 (g) Miscellaneous-Other Tags.
48 Duplicate Tag $ 5.00 $ 5.00
49 Wild Bird Shooting Preserve Tag 5.00 5.00
50 (h) Miscellaneous-Other Permits.
51 Falconry In-State Transfer Permit $ 5.00 $ N/A
52 Falconry Meet Permit N/A 15.00
53 Private Park Permit 20.00 20.00
54 Private Pond Permit 20.00 20.00
55 Wildlife Import Permit 20.00 20.00
21
1 Wildlife Export Permit 10.00 10.00
2 Wildlife Release Permit 10.00 10.00
3 Captive Wildlife Permit 20.00 20.00
4 Fishing Tournament Permit 20.00 20.00
5 Dog Field Trial Permit 30.00 30.00
6 Live Fish Transport Permit 20.00 20.00
7 Controlled Hunt Application Fee 10.00 10.00
8 SECTION 16. That Section 36-501, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 36-501. SALE AND PURCHASE OF WILDLIFE -- RESTRICTIONS -- EXCEPTIONS. No
11 person shall sell or buy any species of wildlife or parts thereof except as
12 hereinafter provided.
13 (a) Sale of Unprotected Wildlife. The sale of legally taken species of
14 wildlife classified as unprotected by law shall be lawful.
15 (b) Sale of Game Animals. The sale of legally taken hides, horns, or
16 heads of game animals, when detached from the carcass, and mounted wildlife,
17 where sale is not specifically prohibited by federal statute or regulation or
18 state statutes, shall be lawful only when the wildlife to be sold is accompa-
19 nied by a statement showing that the animals were lawfully taken. It shall be
20 lawful to possess or sell naturally shed antlers or horns of deer, elk, moose,
21 antelope and mountain goat, and antlers or horns of deer, elk, moose, antelope
22 and mountain goat which have died from natural causes.
23 (c) Sale of Furbearers. The sale of pelts and parts of furbearers when
24 legally taken shall be lawful.
25 (d) Sale of Seized Wildlife. The sale and purchase of court confiscated,
26 abandoned, or unclaimed wildlife shall be lawful when made in accordance with
27 the provisions of section 36-1304, Idaho Code.
28 (e) Sale of Commercially Raised or Harvested Wildlife. The sale of wild-
29 life legally raised or harvested commercially by properly licensed commercial
30 operations, if required to be licensed, shall be lawful except as provided by
31 rules promulgated pursuant to section 36-104(b)6., Idaho Code. The provisions
32 of this section shall not apply to domestic fur-bearing animals as defined in
33 chapter 30, title 25, Idaho Code.
34 (f) Sale of Steelhead Trout. 1. Any person holding a wholesale steelhead
35 trout buyer's license may purchase or sell steelhead trout in the state of
36 Idaho that have been taken by Indian fishermen lawfully exercising fishing
37 rights reserved by federal statute, treaty or executive order, provided
38 that the Indian fisherman is an enrolled member of the tribe holding such
39 rights and the code of such tribe authorizes such sales. A wholesale
40 license is necessary to purchase steelhead trout directly from Indian
41 fishermen or from any other seller whose principal place of business is
42 located outside of the state of Idaho.
43 2. Any person holding a retail steelhead trout buyer's license may pur-
44 chase steelhead trout in the state of Idaho from an Idaho licensed whole-
45 sale steelhead trout buyer, or from any Indian fisherman lawfully exercis-
46 ing fishing rights authorized by federal statute, treaty, or executive
47 order. A licensed retail steelhead trout buyer may sell steelhead trout
48 directly to the consumer or to an establishment that prepares steelhead
49 trout for consumption.
50 3. Establishments that prepare steelhead trout for consumption must pos-
51 sess a wholesale or retail steelhead trout buyer's license; however, these
52 licensed establishments may purchase steelhead trout from either wholesale
53 or retail licensed steelhead trout buyers.
22
1 4. The fee for a wholesale license shall be fifty dollars ($50.00) as
2 specified in section 36-416, Idaho Code, per year. The fee for a retail
3 license shall be ten dollars ($10.00) as specified in section 36-416,
4 Idaho Code, per year. All fees collected pursuant to this subsection
5 shall be deposited in the fish and game account created pursuant to sec-
6 tion 36-107, Idaho Code. These licenses shall expire December 31 of the
7 year for which they are valid.
8 5. No license is required for any person purchasing steelhead trout for
9 personal consumption from a licensed wholesale or retail steelhead trout
10 buyer or from an Indian fisherman lawfully exercising fishing rights
11 authorized by federal statute, treaty, executive order, or tribal code or
12 regulation.
13 6. Purchases or sales under this section shall be made under conditions
14 and reporting requirements prescribed by commission regulation, provided
15 that said conditions and reporting requirements are limited to those nec-
16 essary to identify the source of steelhead purchased.
17 Any person violating the provisions of this subsection shall be found
18 guilty as provided in section 36-1401, Idaho Code, and shall be punished as
19 set forth in section 36-1402, Idaho Code.
20 (g) Commission May Permit Sales. The commission may, by rule, permit the
21 sale of other parts of wildlife when such sale will not injuriously affect the
22 species permitted.
23 SECTION 17. That Section 36-502, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 36-502. POSSESSION -- TRANSPORTATION -- SHIPMENT OF WILDLIFE -- RESTRIC-
26 TIONS -- EXCEPTIONS. No person shall possess, transport or ship in any manner,
27 or accept for transportation or shipment any wildlife except as hereinafter
28 provided.
29 (a) Possession and Transportation.
30 1. The possession and transportation of any legally taken wildlife shall
31 be lawful when the same is in the possession of or is being transported by
32 the taker of said wildlife and is accompanied by the appropriate licenses,
33 tags, and/or permits attached and/or validated in the manner prescribed by
34 the provisions of sections 36-409(ed) and 36-410(a), Idaho Code.
35 2. Possession or transportation of any legally taken wildlife by any per-
36 son other than the taker shall be lawful when such wildlife is accompanied
37 by a written statement prepared and signed by the taker showing the num-
38 ber, kind, and date taken and the name, address and license number of the
39 taker and other such information as may be specified by the commission. In
40 addition to such statements said wildlife shall be accompanied by the
41 appropriate validated tag therefor and/or such permits as may be required
42 under the provisions of this title except, for anadromous fish, the permit
43 need not accompany the fish so long as the permit number is written on the
44 proxy statement. Provided, however, that no person may lawfully claim, be
45 granted or assume ownership of more game animals, game birds, or game fish
46 taken within the state than allowed by possession limits established by
47 the commission.
48 3. It shall be lawful for a person to ship or a common carrier to accept
49 for shipment any legally taken wildlife provided that all packages con-
50 taining such wildlife shall be plainly labeled designating numbers, sex
51 and species of wildlife contained therein and the name and address of the
52 consignor and consignee.
53 4. No person shall give another person wildlife to possess or transport
23
1 unless they also give the transporter a proxy statement as provided in
2 subsection 2. of this section.
3 (b) Unlawful Possession. No person shall have in his possession any wild-
4 life or parts thereof protected by the provisions of this title and the taking
5 or killing of which is unlawful.
6 SECTION 18. That Section 36-602, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-602. LICENSE FEES -- EXPIRATION. (a) Resident Taxidermist License. A
9 fee of ten dollars ($10.00) as specified in section 36-416, Idaho Code, shall
10 be charged for a resident taxidermist license.
11 (b) Nonresident Taxidermist License. Nonresidents shall pay an amount
12 equal to that charged Idaho residents in the state of the applicant for a non-
13 resident fur buyer's license. In no case shall this amount be less than forty
14 dollars ($40.00) a fee as specified in section 36-416, Idaho Code. The depart-
15 ment shall promulgate rules implementing the provisions of this section.
16 (c) Resident Fur Buyer's License. A fee of five dollars ($5.00) as speci-
17 fied in section 36-416, Idaho Code, shall be charged for a resident fur
18 buyer's license.
19 (d) Nonresident Fur Buyer's License. Nonresidents shall pay an amount
20 equal to that charged Idaho residents in the state of the applicant for a non-
21 resident fur buyer's license. In no case shall this amount be less than twenty
22 dollars ($20.00) a fee as specified in section 36-416, Idaho Code. The depart-
23 ment shall promulgate rules implementing the provisions of this section.
24 (e) The expiration date for such licenses shall be June 30 next following
25 the date of issuance.
26 SECTION 19. That Section 36-701, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 36-701. WILDLIFE HELD CAPTIVE WITHOUT LICENSE OR PERMIT UNLAWFUL --
29 EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
30 any species of big game animal found wild in this state, unless the person has
31 been issued a license or permit by the director as hereinafter provided.
32 (b) All other species of mammals, birds or reptiles that are found in the
33 wild in this state and are not species of special concern or threatened and
34 endangered species, may be held in captivity without permit so long as the
35 possessor retains proof that such wildlife was lawfully obtained. Such proof
36 shall be maintained and presented to department representatives in accordance
37 with section 36-709, Idaho Code.
38 (c) Exceptions.
39 1. No such license or permit shall be required of any municipal, county,
40 state or other publicly owned zoo or wildlife exhibit or of any traveling
41 circus, menagerie or trained act of wild animals not permanently located
42 within the state of Idaho nor of any bona fide pet store displaying law-
43 fully acquired wildlife for sale nor of any fur farm regulated and
44 inspected pursuant to chapter 30, title 25, Idaho Code, nor of any domes-
45 tic cervidae farm regulated and inspected pursuant to chapter 35, title
46 25, Idaho Code.
47 2. Except for the provisions of paragraph (d) below and section 36-709,
48 Idaho Code, relating to inspection and records of same, nothing in this
49 chapter shall be so construed as to apply to any exotic wildlife, or
50 domestic fur farm operated under the provisions of title 25, Idaho Code,
51 or any tropical fish or other aquaria or ornamental fish which the commis-
24
1 sion determines do not pose a threat to native fish if released into the
2 public waters of the state.
3 3. Except for the provisions of section 36-709(b), Idaho Code, relating
4 to inspection of facilities, nothing in this chapter shall be so construed
5 as to apply to any domestic cervidae farm.
6 (d) Wildlife Import -- Export -- Release Permits -- Fees. No person shall
7 import into this state or export out of this state or release in the wild any
8 species of wildlife except by permit issued by the director and in accordance
9 with rules promulgated by the commission. The fee per occurrence for each
10 permit shall be as specified in section 36-416, Idaho Code. No fee shall be
11 charged for a department benefit permit.
12 SECTION 20. That Section 36-703, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 36-703. COMMERCIAL WILDLIFE FARMS -- RESTRICTIONS -- LICENSE. No person
15 shall obtain, possess, preserve, or propagate any species of big game animals
16 found wild in this state for the purpose of selling the same unless he has
17 first secured a commercial wildlife farm license from the director.
18 (a) License Provisions. Such license may be issued by the director upon
19 his finding that:
20 1. Such commercial wildlife farm is located entirely on private property
21 owned or leased by the applicant.
22 2. Said farm is constructed so as not to contain any land where wild big
23 game animals naturally abound.
24 3. Said farm is so enclosed as to prevent escape of big game commercial
25 farm animals therefrom and prevent entry thereon of the same species of
26 publicly owned big game animals.
27 4. The application for such license is made upon a form provided by the
28 department which sets forth such information as may be required by the
29 director.
30 5. The property boundaries are posted as being a commercial wildlife farm
31 in at least three (3) separate, conspicuous places in addition to all
32 entrance roadways.
33 6. The approved application is accompanied by a license fee of twenty-
34 five dollars ($25.00) as specified in section 36-416, Idaho Code.
35 (b) Separate Locations to Be Licensed. A license must be had for each and
36 every separate location. Said license shall expire June 30 in each even-num-
37 bered year.
38 (c) Records of Transactions Required. A current record shall be made by
39 the licensee of each and every sale, purchase or shipment and such records
40 shall be kept for two (2) years and shall be subject to inspection by the
41 director upon his request.
42 (d) Receipt Required. A receipt shall be issued to each purchaser identi-
43 fying the wildlife farm source and specifying the number and kinds of animals
44 and the date of sale.
45 SECTION 21. That Section 36-706, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 36-706. PRIVATE PARKS AND PONDS -- NONCOMMERCIAL -- PERMIT REQUIRED. No
48 person shall establish and maintain a private park or pond on premises owned
49 or leased by him and obtain, possess, transport, propagate and process for his
50 own personal pleasure and use any fish approved by the commission, or any big
51 game animals found wild in this state unless he has first obtained a permit
25
1 from the director.
2 (a) Permit Requirements. Such permit may be issued by the director upon
3 his finding that:
4 1. Such private park or pond is not constructed in or across any natural
5 stream bed, lake, or other watercourse containing wild fish, or on lands
6 where wildlife abounds, except when it has been determined by the commis-
7 sion that the water flow and volume of wildlife concerned in such proposed
8 private ponds, waters or parks are not a significant part of the wildlife
9 resource of the state.
10 2. The private park or pond is located entirely on private property owned
11 or leased by the applicant.
12 3. Any dam constructed to divert water into such private pond meets all
13 requirements as provided in section 36-906(a), Idaho Code.
14 4. All inlets to such private pond are screened at the point of diversion
15 as provided in section 36-906(b), Idaho Code, to prevent the entrance of
16 wild fish into the private pond.
17 5. The application for such permit is made upon a form provided by the
18 department which sets forth such information as may be required by the
19 director.
20 6. The lands proposed for use as a park are so fenced as to prevent the
21 escape of private wildlife therefrom and prevent the entry thereon of pub-
22 licly owned big game animals.
23 7. Said park or pond shall be posted in three (3) separate conspicuous
24 places and all entrance roads.
25 (b) Separate Locations -- Permits Required. Such a park or pond permit
26 must be had for each and every location. A park permit may be had upon payment
27 of a fee as specified in section 36-416, Idaho Code. Said permit shall expire
28 June 30 in each even-numbered year. A pond permit may be had upon payment of a
29 fee as specified in section 36-416, Idaho Code. The permit shall expire on
30 June 30 of the fifth fiscal year after the date of issue.
31 (c) Live Fish Transportation Permit. The commission may, under rules as
32 it may prescribe, issue a live fish transportation permit. The permit may be
33 had upon payment of a fee as specified in section 36-416, Idaho Code.
34 SECTION 22. That Section 36-712, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 36-712. TATTOOING OF WOLVES -- WHEN REQUIRED. (a) Any wolf that is cap-
37 tured alive to be later released or which is born or held in captivity for any
38 purpose must be reported to the department within three (3) days of the cap-
39 ture or commencement of captivity. Any person found guilty of capturing or
40 holding in captivity and failing to report the animal as required in this sec-
41 tion, shall be punished by a fine not in excess of one thousand dollars
42 ($1,000) for each animal the person possesses which has not been reported as
43 required in this section.
44 (b) Each animal reported as required in subsection (a) of this section
45 shall be permanently tattooed in a manner that will provide positive individ-
46 ual identification of the animal. No tattoo is required under this section if
47 the animal is subject to a permanent individual identification process by
48 another state or federal agency.
49 (c) Any person holding a wolf in captivity shall immediately report to
50 the department any death, escape, release, transfer of custody or other dispo-
51 sition of the animal.
52 (d) Any canine exhibiting primary wolf characteristics shall be classi-
53 fied as a wolf for the purpose of identification. All such canines shall be
26
1 tattooed, registered and licensed by the department of fish and game. The
2 department shall be responsible for collection of fees to administer this pro-
3 gram as outlined by rule and regulation The fee for the license shall be as
4 specified in section 36-416, Idaho Code.
5 SECTION 23. That Section 36-713, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 36-713. RECORDS. (a) The department shall maintain a record of each ani-
8 mal reported to it, pursuant to section 36-712, Idaho Code. The record shall
9 indicate:
10 (1.) The person by whom the animal was captured or is held in captivity;
11 (2.) The location of the capture or captivity;
12 (3.) The date the animal was tattooed;
13 (4.) The purpose of the captivity or capture; and
14 (5.) Any death, escape, release, transfer of custody, or other disposi-
15 tion of the animal.
16 (b) The department shall establish by rule and regulation a fee to be
17 charged, which may not exceed the administrative cost of maintaining the
18 record required under this section.
19 SECTION 24. That Section 36-802, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 36-802. COMMERCIAL FISHING AUTHORIZED. The commission shall at such times
22 and in such amounts as, through investigations it deems proper, allow commer-
23 cial fishing for fish or crustacea in the waters under the jurisdiction of the
24 state. Commercial fishing shall mean the taking or attempting to take fish or
25 crustacea for the purpose of selling, bartering, exchanging, offering, or
26 exposing for sale. No person shall conduct, operate or manage a commercial
27 fishing operation without obtaining a commercial fishing license and commer-
28 cial gear tags from the director prior to engaging in such commercial fishing
29 operation. Fishermen using five (5) or fewer traps or a single minnow or
30 seine net and having annual gross retail sales of five hundred dollars ($500)
31 or less, are exempt from purchasing a commercial license. Either the licensed
32 commercial operator or a licensed employee must be present whenever the com-
33 mercial gear is operated, lifted, or fished. The director shall charge the
34 sum of one hundred dollars ($100) fee as specified in section 36-416, Idaho
35 Code, for each resident license and the sum of two hundred dollars ($200) fee
36 as specified in section 36-416, Idaho Code, for each nonresident license. Said
37 licenses shall expire on June 30 next following date of issuance. The direc-
38 tor shall charge the following fees for the commercial gear tags: for each
39 crayfish or minnow trap, one dollar ($1.00) the fee as specified in section
40 36-416, Idaho Code; for each seine net one hundred (100) feet long or less,
41 twenty-five dollars ($25.00); and for each seine net longer than one hundred
42 four (1004) feet, fifty dollars ($50.00); for each trawl net, fifty dollars
43 ($50.00); and for each item of experimental gear approved by the commission,
44 ten dollars ($10.00) the fee as specified in section 36-416, Idaho Code.
45 SECTION 25. That Section 36-904, Idaho Code, be, and the same is hereby
46 repealed.
47 SECTION 26. That Section 36-1102, Idaho Code, be, and the same is hereby
48 amended to read as follows:
27
1 36-1102. PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Kill-
2 ing, and Innocent Birds Protected. Except for English sparrows and starlings,
3 no person shall at any time of the year take any game, song, rodent killing,
4 insectivorous or other innocent bird, except as provided by commission procla-
5 mations promulgated pursuant hereto, or for any person to intentionally dis-
6 turb or destroy the eggs or nests of such birds at any time.
7 (b) Migratory Birds.
8 1. No person shall hunt, take or have in possession any migratory birds
9 except as provided by federal regulations made pursuant to the Ffederal
10 Mmigratory Bbird Ttreaty Aact, as amended, and in accordance with related
11 rules and proclamations promulgated by the commission.
12 2. No person subject to the Ffederal Mmigratory Bbird Hhunting Sstamp
13 Aact tax shall hunt any migratory waterfowl unless at the time of such
14 hunting he carries on his person an unexpired Ffederal Mmigratory Bbird
15 Hhunting Sstamp validated by his signature in ink across the face of the
16 stamp or an electronically issued unexpired validation on a valid license
17 while hunting such birds.
18 (c) Falconry. The commission is authorized to establish a falconry pro-
19 gram and to promulgate rules and proclamations governing same. As may be
20 required by commission rule, the fees for a falconry permit, raptor captive
21 breeding permit and raptor in-state transfer permit shall be as specified in
22 section 36-416, Idaho Code. The falconry and the raptor captive breeding per-
23 mit shall expire three (3) years from date of issue.
24 SECTION 27. That Section 36-1104, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 36-1104. SPECIAL BEAVER TAGS -- FEE -- USE. (a) Commission to Regulate
27 Issuance and Fee. Whenever the commission declares an open season on beaver,
28 said commission may pursuantly regulate the issuance of special beaver tags to
29 licensed trappers, including the maximum number to be issued to any one (1)
30 person and the price to be paid for each of same, provided that the fee for
31 such tag shall not exceed two dollars ($2.00) the fee as specified in section
32 36-416, Idaho Code.
33 (b) Tag to be Attached -- Authority for Sale of. When a properly licensed
34 person kills a beaver, for which a tag is required, such a person shall imme-
35 diately affix such tag in the manner prescribed by regulation rule of the com-
36 mission. After any beaver pelt has been so tagged, the same shall become the
37 property of the trapper and may be sold, transferred or shipped in ordinary
38 trade.
39 (c) Tag Must be Carried on Person. No person shall take, trap or kill any
40 beaver for which such a tag is required unless he has the tag on his person
41 and any such tag so issued shall at all times be subject to the inspection of
42 the director.
43 (d) Beaver Unlawfully Taken, Possessed -- Subject to Seizure. The posses-
44 sion of any beaver or pelt therefrom taken in contravention to the provisions
45 of this section is prima facie evidence that the same has been unlawfully
46 taken and any such beaver or pelt so taken shall remain the property of the
47 state of Idaho. The director may at any time seize as contraband any beaver or
48 pelt therefrom which may have been taken, killed, trapped or held in posses-
49 sion unlawfully; such seized beaver or pelts therefrom shall be sold by the
50 director and the proceeds derived therefrom shall be credited to the fish and
51 game fund.
52 SECTION 28. That Section 36-1104A, Idaho Code, be, and the same is hereby
28
1 amended to read as follows:
2 36-1104A. SPECIAL BOBCAT OR LYNX EXPORT TAGS -- FEE. The commission may
3 provide for, and regulate the issuance of, a special tag to be attached to the
4 hide of any bobcat or any lynx legally taken in the state of Idaho. A tag
5 shall be authority to export bobcat or lynx hides taken in Idaho as provided
6 by regulation of the U.S. fish and wildlife service.
7 The commission may set the price to be charged for such tags, at a cost
8 not to exceed seven dollars and fifty cents ($7.50) the fee as specified in
9 section 36-416, Idaho Code, per tag.
10 No export tag shall be issued for any bobcat or lynx hide not taken in
11 Idaho.
12 SECTION 29. That Section 36-1401, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or
15 is found guilty of a violation of the following provisions of the fish and
16 game code or the following rules or proclamations promulgated pursuant thereto
17 is guilty of an infraction:
18 1. Statutes.
19 (A) Take, transport, use or have in possession bait fish as set
20 forth in section 36-902(d), Idaho Code.
21 (B) Chumming as set forth in section 36-902(e), Idaho Code.
22 (C) Nonresident child under the age of fourteen (14) years fishing
23 without a valid license and not accompanied by a valid license holder
24 as set forth in section 36-401(a)2., Idaho Code.
25 (D) Use or cut a hole larger than ten (10) inches in the ice for ice
26 fishing as set forth in section 36-1509(a), Idaho Code.
27 (E) Store fish without required tags/permits/statements as set forth
28 in section 36-503, Idaho Code.
29 (F) Own, possess or harbor any dog found running loose and which is
30 tracking, pursuing, harassing or attacking a big game animal as set
31 forth in section 36-1101(b)6.(B), Idaho Code.
32 (G) Hunt migratory waterfowl without having in possession a signed
33 federal migratory bird hunting stamp as set forth in section
34 36-1102(b)2., Idaho Code.
35 (H) Hunt migratory waterfowl game birds without having in possession
36 a license validated for the federal migratory waterfowl bird harvest
37 information program permit as set forth in section 36-414(2)
38 36-409(k), Idaho Code.
39 (I) Hunt upland game birds without having in possession a license
40 validated for the upland game permit as set forth in section
41 36-409(h), Idaho Code.
42 (J) Trap in or on, destroy or damage any muskrat house as provided
43 in section 36-1103(c), Idaho Code.
44 (KJ) Hunt migratory game birds with a shotgun capable of holding
45 more than three (3) shells as provided and incorporated in section
46 36-1102(b), Idaho Code.
47 2. Rules or Proclamations.
48 (A) Fish from a raft or boat with motor attached in waters where
49 motors are prohibited.
50 (B) Fish with hooks larger than allowed in that water.
51 (C) Fish with barbed hooks in waters where prohibited.
52 (D) Exceed any established bag limit for fish by one (1) fish,
29
1 except bag limits for anadromous fish, landlocked chinook salmon,
2 kamloops rainbow trout, lake trout, or bull trout.
3 (E) Fish with more than the approved number of lines or hooks.
4 (F) Fail to leave head and/or tail on fish while fish are in posses-
5 sion or being transported.
6 (G) Snag or hook fish other than in the head and fail to release,
7 excluding anadromous fish.
8 (H) Fail to attend fishing line and keep it under surveillance at
9 all times.
10 (I) Fail to comply with mandatory check and report requirements.
11 (J) Fail to leave evidence of sex or species attached as required on
12 game birds.
13 (K) Hunt or take migratory game birds or upland game birds with shot
14 exceeding the allowable size.
15 (L) Fail to release, report or turn in nontarget trapped animals.
16 (M) Fail to complete required report on trapped furbearer.
17 (N) Fail to present required furbearer animal parts for inspection.
18 (O) Fail to attach identification tags to traps.
19 (P) Possess not more than one (1) undersized bass.
20 (Q) Park or camp in a restricted area, except length of stay viola-
21 tions.
22 (R) Fail to leave evidence of sex attached as required on game ani-
23 mals.
24 (b) Misdemeanors. Any person who pleads guilty to, is found guilty or is
25 convicted of a violation of the provisions of this title or rules or proclama-
26 tions promulgated pursuant thereto, or orders of the commission, except where
27 an offense is expressly declared to be an infraction or felony, shall be
28 guilty of a misdemeanor.
29 (c) Felonies. Any person who pleads guilty to, is found guilty or is
30 convicted of a violation of the following offenses shall be guilty of a fel-
31 ony:
32 1. Knowingly and intentionally selling or offering for sale or exchange,
33 or purchasing or offering to purchase or exchange, any wildlife, or parts
34 thereof, which has been unlawfully killed, taken or possessed.
35 2. Releasing into the wild, without a permit from the director, any of
36 the following wildlife, whether native or exotic: ungulates, bears,
37 wolves, large felines, swine, or peccaries.
38 3. Unlawfully killing, possessing or wasting of any combination of num-
39 bers or species of wildlife within a twelve (12) month period which has a
40 single or combined reimbursable damage assessment of more than one thou-
41 sand dollars ($1,000), as provided in section 36-1404, Idaho Code.
42 4. Conviction within ten (10) years of three (3) or more violations of
43 the provisions of this title, penalties for which include either or both a
44 mandatory license revocation or a reimbursable damage assessment.
45 SECTION 30. That Section 36-2205, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 36-2205. GAME BIRDS. (a) Game which may be hunted under this act shall be
48 confined to artificially propagated upland game birds.
49 (b) A minimum release of two hundred (200) upland game birds of each spe-
50 cies to be hunted on each shooting preserve must be made on the licensed area
51 during the shooting preserve season.
52 (c) Artificially propagated upland game birds released on a shooting pre-
53 serve must be:
30
1 (1) Marked by clipping the terminal joint of a single toe on either foot
2 as evidenced by a healed scar,; or
3 (2) Banded with a leg band of a type not removable without breaking or
4 mutilating, such tag to be supplied by the fish and game department at
5 cost. One (1) such band shall be securely affixed to one (1) leg of each
6 bird released and shall remain affixed on the bird until the bird is pre-
7 pared for consumption.
8 (d) Any wild upland game bird incidentally taken upon a shooting pre-
9 serve, at any time other than the general open season therefor, must be marked
10 then and there with a tag that has been issued to the shooting preserve licen-
11 see by the Idaho fish and game department. Said bird shall count as part of
12 the permittee's shooting preserve limit. The fee for such tags shall be three
13 dollars ($3.00) as specified in section 36-416, Idaho Code, per bird.
14 During the general hunting season for the taking of upland game birds, all
15 wild birds harvested on shooting preserves will be subject to the laws appli-
16 cable to such wild birds and related rules and proclamations of the Idaho fish
17 and game commission.
18 SECTION 31. That Section 36-2206, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 36-2206. FEES. Fees for shooting preserve permits shall be one hundred
21 fifty dollars ($150) the fee as specified in section 36-416, Idaho Code, per
22 year.
23 SECTION 32. That Section 36-2207, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 36-2207. LICENSE TO SHOOT IN A PRESERVE. Every person taking game birds
26 upon a shooting preserve must secure an appropriate hunting license of the
27 proper class authorizing the hunting of upland game birds or a license enti-
28 tling the person to whom issued to hunt upland game birds on a licensed shoot-
29 ing preserve only. A license of this kind may be had by any person upon pay-
30 ment of five dollars ($5.00) the fee as specified in section 36-416, Idaho
31 Code.
32 SECTION 33. An emergency existing therefor, which emergency is hereby
33 declared to exist, this act shall be in full force and effect on and after May
34 1, 2000.
STATEMENT OF PURPOSE
RS 0960IC2
Revenue from license fees has not kept pace with the rising costs necessary to manage fish and
wildlife. Demands on the department and Idaho fish and wildlife have increased faster than the
department's financial resources. Since the early 1990's the department has reduced and cut
license-funded programs to balance its budget. This proposal will provide funds to partially
restore some of the license-funded cuts. Some of the uses of the fee increase revenue are: repair
and renovate resident fish hatcheries; acquire and develop new fishing waters; restore temporary
help for check stations, creel census, game counts, habitat enhancements, wildlife transplanting
and other tasks; restore Aerial surveys and population estimates for moose, sheep and goats;
repairs, weed control and habitat development at wildlife management areas; equipment
replacement; trap and transplant wildlife; wildlife investigations in cooperation with universities;
and other tasks.
FISCAL IMPACT
This proposal is a modest increase in license, tag and permit fees to raise about $4.4 million. The
proposed fee increase is primarily on resident licenses, but spreads the increase over all license
buyers. Nonresident fees have steadily risen over the past 20 years and are now among the highest
in the west. Nonresident fees now make up the majority of license revenue. This proposal would
make the department less dependent on nonresident hunters. Under this proposal upland game
birds and waterfowl could be hunted without having to buy a stamp or permit. The habitat work
funded by the current upland and waterfowl permits would continue, with $1.00 from each adult
hunting license and $0.50 from each juvenile hunting license going into each of those habitat set
aside accounts.
Families will get a break under this proposal, because the price of juvenile bear, deer and elk tags
will all decrease. Juvenile tags for elk will go from $21.00 to $13.50; deer from $15.00 to $8.25;
and bear from $6.00 to $4.50.
Contact
Name: Patric Cudmore
Phone: Department of Fish and Game
334-3746
STATEMENT OF PURPOSE/FISCAL NOTE H 503