2005 Legislation
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SENATE BILL NO. 1098 – Zoo, private, license, exception

SENATE BILL NO. 1098

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Bill Status



S1098..........................................by RESOURCES AND ENVIRONMENT
PRIVATE ZOO - Amends existing law to provide an exception to specified
license and permit requirements for certain privately owned zoos.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Res/Env

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1098
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-701, IDAHO CODE, TO PROVIDE  AN
  3        EXCEPTION  TO  SPECIFIED  LICENSE AND PERMIT REQUIREMENTS FOR CERTAIN PRI-
  4        VATELY OWNED ZOOS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 36-701, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        36-701.  WILDLIFE  HELD  CAPTIVE  WITHOUT  LICENSE  OR  PERMIT UNLAWFUL --
  9    EXCEPTIONS. (a) No person shall engage in any propagation or hold in captivity
 10    any species of big game animal found wild in this state, unless the person has
 11    been issued a license or permit by the director as hereinafter provided.
 12        (b)  All other species of mammals, birds or reptiles that are found in the
 13    wild in this state and are not species of special concern  or  threatened  and
 14    endangered  species,  may  be  held in captivity without permit so long as the
 15    possessor retains proof that such wildlife was lawfully obtained.  Such  proof
 16    shall  be maintained and presented to department representatives in accordance
 17    with section 36-709, Idaho Code.
 18        (c)  Exceptions.
 19        1. No such license or permit shall be required of any  municipal,  county,
 20        state or other publicly owned zoo, or privately owned zoo that has been in
 21        operation  for  five (5) years or more, during which time it has been con-
 22        tinuously licensed as a private zoo by the U.S. department of agriculture,
 23        or wildlife exhibit or of any traveling circus, menagerie or  trained  act
 24        of  wild  animals not permanently located within the state of Idaho nor of
 25        any bona fide pet store displaying lawfully acquired wildlife for sale nor
 26        of any fur farm regulated and inspected pursuant to chapter 30, title  25,
 27        Idaho Code, nor of any domestic cervidae farm regulated and inspected pur-
 28        suant to chapter 37, title 25, Idaho Code.
 29        2.  Except  for  the provisions of subsection (d) of this section and sec-
 30        tion 36-709, Idaho Code, relating to inspection and records of same, noth-
 31        ing in this chapter shall be so construed as to apply to any exotic  wild-
 32        life,  or  domestic  fur  farm  operated under the provisions of title 25,
 33        Idaho Code, or any tropical fish or other aquaria or ornamental fish which
 34        the commission determines do not pose a threat to native fish if  released
 35        into the public waters of the state.
 36        3.  Except  for  the provisions of section 36-709(b), Idaho Code, relating
 37        to inspection of facilities, nothing in this chapter shall be so construed
 38        as to apply to any domestic cervidae farm.
 39        (d)  Wildlife Import -- Export -- Release Permits -- Fees. No person shall
 40    import into this state or export out of this state or release in the wild  any
 41    species  of wildlife except by permit issued by the director and in accordance
 42    with rules promulgated by the commission. The fee per occurrence for each per-
 43    mit shall be as specified in section 36-416,  Idaho  Code.  No  fee  shall  be
                                                                        
                                           2
                                                                        
  1    charged for a department benefit permit.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 14815

The purpose of this proposed legislation is to provide that 
a privately owned zoo that has been in operation for five or 
more years, and has been continuously licensed as a private zoo 
by the U.S. Department of Agriculture, shall be exempt from 
being required to have a license from the Idaho Department of 
Fish and Game.


                         FISCAL IMPACT

No fiscal impact to the General Fund. 



Contact: Senator Don Burtenshaw
	 (208) 332-1315
	 Stan Boyd, Yellowstone Bear World
	 (208)344-2271


STATEMENT OF PURPOSE/ FISCAL NOTE                  S 1098