Print Friendly HOUSE BILL NO. 438 – Migratory waterfowl/upland game
HOUSE BILL NO. 438
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0438........................................................by MR. SPEAKER
Requested by: Department of Fish and Game
MIGRATORY WATERFOWL - UPLAND GAME - Amends existing law to correct an
obsolete reference to a signed migratory waterfowl stamp and an upland game
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Res/Con
01/30 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/03 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Bivens, Crow, Jaquet
Floor Sponsor - Stevenson
Title apvd - to Senate
02/04 Senate intro - 1st rdg - to Res/Env
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
Absent and excused--Sorensen
Floor Sponsor - Whitworth
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/16 To Governor
03/17 Governor signed
Session Law Chapter 58
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 438
BY MR. SPEAKER
Requested by: Department of Fish and Game
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1401, IDAHO CODE, TO CORRECT AN
3 OBSOLETE REFERENCE TO A SIGNED MIGRATORY WATERFOWL STAMP AND AN UPLAND
4 GAME PERMIT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 36-1401, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or
9 is found guilty of a violation of the following provisions of the fish and
10 game code or the following rules promulgated pursuant thereto is guilty of an
12 1. Statutes
13 (A) Take, transport, use or have in possession bait fish as set
14 forth in section 36-902(d), Idaho Code.
15 (B) Chumming as set forth in section 36-902(e), Idaho Code.
16 (C) Nonresident child under the age of fourteen (14) years fishing
17 without a valid license and not accompanied by a valid license holder
18 as set forth in section 36-401(a)2., Idaho Code.
19 (D) Use or cut a hole larger than ten (10) inches in the ice for ice
20 fishing as set forth in section 36-1509(a), Idaho Code.
21 (E) Store fish without required tags/permits/statements as set forth
22 in section 36-503, Idaho Code.
23 (F) Own, possess or harbor any dog found running loose and which is
24 tracking, pursuing, harassing or attacking a big game animal as set
25 forth in section 36-1101(b)6.(B), Idaho Code.
26 (G) Hunt migratory waterfowl without having in possession a signed
27 federal migratory bird hunting stamp as set forth in section
28 36-1102(b)2., Idaho Code.
29 (H) Hunt migratory waterfowl without having in possession a
30 signed license validated for the Idaho migratory
31 waterfowl stamp as set forth in section 36-414(2), Idaho Code.
32 (I) Hunt upland game birds without having in possession
33 an a license validated for the upland
34 game permit as set forth in section 36-409(h), Idaho Code.
35 (J) Trap in or on, destroy or damage any muskrat house as provided
36 in section 36-1103(c), Idaho Code.
37 (K) Hunt migratory game birds with a shotgun capable of holding more
38 than three (3) shells as provided and incorporated in section
39 36-1102(b), Idaho Code.
40 2. Rules
41 (A) Fish from a raft or boat with motor attached in waters where
42 motors are prohibited.
43 (B) Fish with hooks larger than allowed in that water.
1 (C) Fish with barbed hooks in waters where prohibited.
2 (D) Exceed any established bag limit for fish by one (1) fish,
3 except bag limits for anadromous fish, landlocked chinook salmon,
4 kamloops rainbow trout, lake trout, or bull trout.
5 (E) Fish with more than the approved number of lines or hooks.
6 (F) Fail to leave head and/or tail on fish while fish are in posses-
7 sion or being transported.
8 (G) Snag or hook fish other than in the head and fail to release,
9 excluding anadromous fish.
10 (H) Fail to attend fishing line and keep it under surveillance at
11 all times.
12 (I) Fail to comply with mandatory check and report requirements.
13 (J) Fail to leave evidence of sex or species attached as required on
14 game birds.
15 (K) Hunt or take migratory game birds or upland game birds with shot
16 exceeding the allowable size.
17 (L) Fail to release, report or turn in nontarget trapped animals.
18 (M) Fail to complete required report on trapped furbearer.
19 (N) Fail to present required furbearer animal parts for inspection.
20 (O) Fail to attach identification tags to traps.
21 (P) Possess not more than one (1) undersized bass.
22 (Q) Park or camp in a restricted area, except length of stay viola-
24 (R) Fail to leave evidence of sex attached as required on game ani-
26 (b) Misdemeanors. Any person who pleads guilty to, is found guilty or is
27 convicted of a violation of the provisions of this title or rules promulgated
28 pursuant thereto, or orders of the commission, except where an offense is
29 expressly declared to be an infraction or felony, shall be guilty of a misde-
31 (c) Felonies. Any person who pleads guilty to, is found guilty or is
32 convicted of a violation of the following offenses shall be guilty of a fel-
34 1. Knowingly and intentionally selling or offering for sale or exchange,
35 or purchasing or offering to purchase or exchange, any wildlife, or parts
36 thereof, which has been unlawfully killed, taken or possessed.
37 2. Releasing into the wild, without a permit from the director, any of
38 the following wildlife, whether native or exotic: ungulates, bears,
39 wolves, large felines, swine, or peccaries.
40 3. Unlawfully killing, possessing or wasting of any combination of num-
41 bers or species of wildlife within a twelve (12) month period which has a
42 single or combined reimbursable damage assessment of more than one thou-
43 sand dollars ($1,000), as provided in section 36-1404, Idaho Code.
44 4. Conviction within ten (10) years of three (3) or more violations of
45 the provisions of this title, penalties for which include either or both a
46 mandatory license revocation or a reimbursable damage assessment.
STATEMENT OF PURPOSE
This legislation will correct an obsolete reference to a signed stamp, or a separate permit
or stamp. Under the computerized licensing system, the migratory waterfowl stamp and
upland game permit are validated on a person's license. The referenced stamp and
permit are no longer separate documents, and the stamp does not require a signature.
Name: Pat Cudmore
Agency: Department of Fish and Game
Statement of Purpose/Fiscal Impact