1998 Legislation
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HOUSE BILL NO. 438 – Migratory waterfowl/upland game


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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
         Effective: 07/01/98

Bill Text


 ||||              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
 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
11    infraction:
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-
23             tions.
24             (R)  Fail  to leave evidence of sex attached as required on game ani-
25             mals.
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-
30    meanor.
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-
33    ony:
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 / Fiscal Impact


    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.
                               FISCAL IMPACT
    Name: Pat Cudmore
    Agency: Department of Fish and Game
    Phone: 334-2657
    Statement of Purpose/Fiscal Impact
    H 438