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H0727................................by JUDICIARY, RULES AND ADMINISTRATION
FISH AND GAME COMMISSION - PROCLAMATIONS - Amends existing law to provide
for the adoption of proclamations by the Fish and Game Commission; to
provide procedures for adopting and publishing proclamations; to provide
for enforcement of proclamations; to provide that the words order, rule,
regulation and proclamation are used interchangeably and to define
proclamation; to allow and prohibit certain acts except as provided by
statute and rules or proclamations; to provide for seizure of equipment
used in violation of rules or proclamations; and to provide for penalties
for violations of proclamations.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 66-2-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Meyer, Ridinger
Absent and excused -- Gagner, Tippets
Floor Sponsor - Judd
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Res/Env
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 24-7-4
AYES--Boatright, Bunderson, Burtenshaw, Cameron, Danielson,
Darrington, Deide, Dunklin, Geddes, Hawkins, Ingram, King, Lee,
McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Sweeney, Thorne, Twiggs
NAYS--Branch, Crow, Frasure, Keough, Stennett, Wheeler, Whitworth
Absent and excused--Andreason, Hansen, Ipsen, Parry
Floor Sponsor - Noh
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 170
Effective: 07/01/98
H0727|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 727 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO PROVIDE FOR 3 ADOPTION OF PROCLAMATIONS BY THE COMMISSION; AMENDING SECTION 36-105, 4 IDAHO CODE, TO PROVIDE PROCEDURES FOR ADOPTING AND PUBLISHING PROCLAMA- 5 TIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-106, IDAHO 6 CODE, TO PROVIDE FOR ENFORCEMENT OF PROCLAMATIONS BY THE DIRECTOR; AMEND- 7 ING SECTION 36-202, IDAHO CODE, TO PROVIDE THAT THE WORDS "ORDER," "RULE," 8 "REGULATION" AND "PROCLAMATION" ARE USED INTERCHANGEABLY AND TO DEFINE 9 "PROCLAMATION"; AMENDING SECTION 36-901, IDAHO CODE, TO PROHIBIT FISHING 10 EXCEPT AS PROVIDED BY STATUTE AND RULES OR PROCLAMATIONS OF THE COMMIS- 11 SION; AMENDING SECTION 36-902, IDAHO CODE, TO PROVIDE CERTAIN TYPES OF 12 FISHING EXCEPT AS PROVIDED BY STATUTE AND RULES OR PROCLAMATIONS OF THE 13 COMMISSION; AMENDING SECTION 36-1101, IDAHO CODE, TO PROHIBIT TAKING WILD- 14 LIFE EXCEPT AS ALLOWED BY STATUTE OR RULE OR PROCLAMATION OF THE COMMIS- 15 SION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-1102, IDAHO 16 CODE, TO PROVIDE FOR HUNTING BIRDS AS ALLOWED BY PROCLAMATION AND TO MAKE 17 TECHNICAL CORRECTIONS; AMENDING SECTION 36-1103, IDAHO CODE, TO PROVIDE 18 FOR THE TAKING OF FUR-BEARING ANIMALS AS ALLOWED BY RULE OR PROCLAMATION 19 OF THE COMMISSION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 20 36-1301, IDAHO CODE, TO PROVIDE FOR ENFORCEMENT OF RULES AND PROCLAMA- 21 TIONS; AMENDING SECTION 36-1304, IDAHO CODE, TO PROVIDE FOR SEIZURE OF 22 EQUIPMENT USED IN VIOLATION OF RULES OR PROCLAMATIONS OF THE COMMISSION 23 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 36-1401, IDAHO CODE, 24 TO PROVIDE FOR VIOLATIONS OF PROCLAMATIONS; AMENDING SECTION 36-1402, 25 IDAHO CODE, TO PROVIDE PENALTIES FOR VIOLATIONS OF PROCLAMATIONS AND TO 26 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-2201, IDAHO CODE, TO PRO- 27 VIDE A REFERENCE TO PROCLAMATIONS; AMENDING SECTION 36-2202, IDAHO CODE, 28 TO PROVIDE A REFERENCE TO PROCLAMATIONS ADOPTED BY THE COMMISSION AND TO 29 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 36-2205, IDAHO CODE, TO PRO- 30 VIDE REFERENCES TO RULES AND PROCLAMATIONS OF THE COMMISSION; AND AMENDING 31 SECTION 36-2210, IDAHO CODE, TO PROVIDE A REFERENCE TO PROCLAMATIONS OF 32 THE COMMISSION AND TO MAKE A TECHNICAL CORRECTION. 33 Be It Enacted by the Legislature of the State of Idaho: 34 SECTION 1. That Section 36-104, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization -- 37 Meetings. The members of the commission shall annually meet at their offices 38 in the city of Boise and organize by electing from their membership a chair- 39 man, who shall hold office for a period of one (1) year, or until his succes- 40 sor has been duly elected. In addition to the regular annual meeting, to be 41 held in January, said commission shall hold other regular quarterly meetings 42 in April, July and October of each year at such places within the state as the 43 commission shall select for the transaction of business. Special meetings may 2 1 be called at any time and place by the chairman or a majority of the members 2 of the commission. Notice of the time, place and purpose of any and all spe- 3 cial meetings shall be given by the secretary to each member of the commission 4 prior to said meeting. 5 (b) Authorization for Commission Powers and Duties. For the purpose of 6 administering the policy as declared in section 36-103, Idaho Code, the com- 7 mission is hereby authorized and empowered to: 8 1. Investigate and find facts regarding the status of the state's wild- 9 life populations in order to give effect to the policy of the state here- 10 inbefore announced. 11 2. Hold hearings for the purpose of hearing testimony, considering evi- 12 dence and determining the facts as to when the supply of any of the wild- 13 life in this state will be injuriously affected by the taking thereof, or 14 for the purpose of determining when an open season may be declared for the 15 taking of wildlife. Whenever said commission determines that the supply of 16 any particular species of wildlife is being, or will be, during any par- 17 ticular period of time, injuriously affected by depletion by permitting 18 the same to be taken, or if it should find a longer or different season, 19 or different bag limit should be adopted for the better protection 20 thereof, or if it finds that an open season may be declared without endan- 21 gering the supply thereof, then it shall make a rule or proclamation 22 embodying its findings in respect to when, under what circum- 23 stances, in which localities, by what means, what sex, and in what amounts 24 and numbers the wildlife of this state may be taken. 25 3. Whenever it finds it necessary for the preservation, protection, or 26 management of any wildlife of this state, by reason of any act of God or 27 any other sudden or unexpected emergency, declare by temporary rule 28 or proclamation the existence of such necessity, and the cause 29 thereof, and prescribe and designate all affected areas or streams, and 30 close the same to hunting, angling or trapping, or impose such restric- 31 tions and conditions upon hunting, angling or trapping as said commission 32 shall find to be necessary. Every such temporary rule shall be made in 33 accordance with the provisions of chapter 52, title 67, Idaho Code. 34 4. At any time it shall deem necessary for the proper management of wild- 35 life on any game preserve in the state of Idaho, declare an open season in 36 any game preserve as it deems appropriate. 37 5. (A) Upon notice to the public, hold a public drawing giving to 38 license holders, under the wildlife laws of this state, the privilege 39 of drawing by lot for a controlled hunt permit authorizing the person 40 to whom issued to hunt, kill, or attempt to kill any species of wild 41 animals or birds designated by the commission under such rules as it 42 shall prescribe. 43 (B) The commission may, under rules or proclamations as 44 it may prescribe, authorize the director to issue additional con- 45 trolled hunt permits and collect fees therefor authorizing owners, 46 lessees in control of land valuable for habitat or propagation pur- 47 poses of deer, elk or antelope, or members of their immediate fami- 48 lies, to hunt deer, elk or antelope in controlled hunt units contain- 49 ing the eligible land owned or controlled by those individuals in 50 areas where permits for deer, elk or antelope are limited. 51 (C) A nonrefundable fee of five dollars ($5.00) shall be charged 52 each applicant for a controlled hunt permit; provided however, there 53 shall be no fees charged for controlled hunt permits subsequently 54 issued to successful applicants. Additionally, a fee may be charged 55 for telephone and credit card orders in accordance with subsection 3 1 (e)11. of section 36-106, Idaho Code. The department shall include a 2 checkoff form to allow applicants to designate one dollar ($1.00) of 3 such five dollar ($5.00) fee for transmittal to the reward fund of 4 citizens against poaching, inc., an Idaho nonprofit corporation. From 5 the net proceeds generated by the nonrefundable fee, the director 6 shall transfer from the fish and game account to the big game second- 7 ary depredation account each fiscal year an amount that equals two 8 hundred fifty thousand dollars ($250,000) less the amount of earned 9 interest transferred in accordance with section 36-115(b), Idaho 10 Code, or two hundred thousand dollars ($200,000), whichever is less, 11 until the total of all transfers from the fish and game account to 12 the big game secondary depredation account equals one million two 13 hundred fifty thousand dollars ($1,250,000) as certified by the state 14 controller. When the department's total transfers to the big game 15 secondary depredation account equal or exceed one million two hundred 16 fifty thousand dollars ($1,250,000), the net proceeds from the nonre- 17 fundable fee shall be deposited in the fish and game account and none 18 of the net proceeds shall be used to purchase lands. 19 6. Adopt rules pertaining to the importation, exportation, release, sale, 20 possession or transportation into, within or from the state of Idaho of 21 any species of live, native or exotic wildlife or any eggs thereof. 22 7. Acquire for and on behalf of the state of Idaho, by purchase, condem- 23 nation, lease, agreement, gift, or other device, lands or waters suitable 24 for the purposes hereinafter enumerated in this paragraph. Whenever the 25 commission proposes to purchase a tract of land in excess of fifteen (15) 26 acres, the commission shall notify the board of county commissioners of 27 the county where this land is located of the intended action. The board of 28 county commissioners shall have ten (10) days after official notification 29 to notify the commission whether or not they desire the commission to hold 30 a public hearing on the intended purchase in the county. The commission 31 shall give serious consideration to all public input received at the pub- 32 lic hearing before making a final decision on the proposed acquisition. 33 Following any land purchase, the fish and game commission shall provide, 34 upon request by the board of county commissioners, within one hundred 35 twenty (120) days, a management plan for the area purchased that would 36 address noxious weed control, fencing, water management and other impor- 37 tant issues raised during the public hearing. When considering purchasing 38 lands pursuant to this paragraph, the commission shall first make a good 39 faith attempt to obtain a conservation easement, as provided in chapter 40 21, title 55, Idaho Code, before it may begin proceedings to purchase, 41 condemn or otherwise acquire such lands. If the attempt to acquire a con- 42 servation easement is unsuccessful and the commission then purchases, 43 condemns or otherwise acquires the lands, the commission shall record in 44 writing the reasons why the attempt at acquiring the conservation easement 45 was unsuccessful and then file the same in its records and in a report to 46 the joint finance-appropriations committee. The commission shall develop, 47 operate, and maintain the lands, waters or conservation easements for said 48 purposes, which are hereby declared a public use: 49 (A) For fish hatcheries, nursery ponds, or game animal or game bird 50 farms; 51 (B) For game, bird, fish or fur-bearing animal restoration, propaga- 52 tion or protection; 53 (C) For public hunting, fishing or trapping areas to provide places 54 where the public may fish, hunt, or trap in accordance with the pro- 55 visions of law, or the regulation of the commission; 4 1 (D) To extend and consolidate by exchange, lands or waters suitable 2 for the above purposes. 3 8. Enter into cooperative agreements with educational institutions, and 4 state, federal, or other agencies to promote wildlife research and to 5 train students for wildlife management. 6 9. Enter into cooperative agreements with state and federal agencies, 7 municipalities, corporations, organized groups of landowners, associa- 8 tions, and individuals for the development of wildlife rearing, propagat- 9 ing, management, protection and demonstration projects. 10 10. In the event owners or lawful possessors of land have restricted the 11 operation of motor-propelled vehicles upon their land, the commission, 12 upon consultation with all other potentially affected landowners, and hav- 13 ing held a public hearing, if requested by not less than ten (10) resi- 14 dents of any county in which the land is located, may enter into coopera- 15 tive agreements with those owners or possessors to enforce those restric- 16 tions when the restrictions protect wildlife or wildlife habitat. Pro- 17 vided, however, the commission shall not enter into such agreements for 18 lands which either lie outside or are not adjacent to any adjoining the 19 proclaimed boundaries of the national forests in Idaho. 20 (A) The landowners, with the assistance of the department, shall 21 cause notice of the restrictions, including the effective date 22 thereof, to be posted on the main traveled roads entering the areas 23 to which the restrictions apply. Provided, however, that nothing in 24 this subsection shall allow the unlawful posting of signs or other 25 information on or adjacent to public highways as defined in subsec- 26 tion (5) of section 40-109, Idaho Code. 27 (B) Nothing in this section authorizes the establishment of any 28 restrictions that impede normal forest or range management opera- 29 tions. 30 (C) No person shall violate such restrictions on the use of motor- 31 propelled vehicles or tear down or lay down any fencing or gates 32 enclosing such a restricted area or remove, mutilate, damage or 33 destroy any notices, signs or markers giving notice of such restric- 34 tions. The commission may promulgate rules to administer the restric- 35 tions and cooperative agreements addressed in this subsection. 36 11. Capture, propagate, transport, buy, sell or exchange any species of 37 wildlife needed for propagation or stocking purposes, or to exercise con- 38 trol of undesirable species. 39 12. Adopt rules pertaining to the application for, issuance of and admin- 40 istration of a lifetime license certificate system. 41 13. Adopt rules governing the application and issuance of permits for and 42 administration of fishing contests on waters under the jurisdiction of the 43 state. 44 14. Adopt rules governing the application for and issuance of licenses by 45 telephone and other electronic methods. 46 (c) Limitation on Powers. Nothing in this title shall be construed to 47 authorize the commission to change any penalty prescribed by law for a viola- 48 tion of its provisions, or to change the amount of license fees or the author- 49 ity conferred by licenses prescribed by law. 50 (d) Organization of Work. The commission shall organize the department, 51 in accordance with the provisions of title 67, Idaho Code, into administrative 52 units as may be necessary to efficiently administer said department. All 53 employees of the department except the director shall be selected and 54 appointed by the director in conformance with the provisions of chapter 53, 55 title 67, Idaho Code. 5 1 SECTION 2. That Section 36-105, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 36-105. COMMISSION ORDERS , RULES ANDREGULATIONS4PROCLAMATIONS . (1) Adoption and Publication of Rules5, Regulationsand Orders. All rules, regulationsand 6 orders adopted pursuant to the provisions of this title shall be made in 7 accordance with chapter 52, title 67, Idaho Code. Said rules, regula-8tions,and orders may also be given such other publicity as the commis- 9 sion may deem desirable. 10 (2) Violation of Rules,RegulationsProclamations 11 and Orders. All rules,regulationsproclamations 12 and orders made as herein provided shall have full force and effect as 13 law and any person violating any such rule,regulation,14 proclamation or order of the commission, adopted and published as 15 herein set forth, shall be found guilty as set forth in section 36-1401, Idaho 16 Code. 17 (3) Notwithstanding any other provision of chapter 52, title 67, Idaho 18 Code, the Idaho fish and game commission and the director of the Idaho fish 19 and game department shall bedeemed in full compliance with the notice20provisions of section 67-5221, Idaho Code,excepted from the 21 requirements of rulemaking when adopting, repealing, or amending any 22ruleproclamation relating to setting of any season 23 or limit on numbers, size, sex or species of wildlife classified by the com- 24 mission as game animals, game birds, furbearers, migratory birds, 25 salmon, steelhead and resident fish which may be taken in this state 26 if: 27 (a)nN otice of the proposed proclamation 28 is published in the Idaho administrative bulletinat least29fourteen (14) days prior to the effective date of the action;and 30 is provided in the same manner as an open meeting under section 31 67-2343, Idaho Code; 32 (b)nN otice is given to the director of the 33 legislativecouncil concurrent with publication in the bulletin.34services office for review by the germane joint subcommittee 35 as soon as possible after adoption by the commission; and 36When adopting, repealing, or amending any rule relating to setting37of any season or limit on numbers, size, sex or species of wildlife classified38by the commission as salmon, steelhead, or migratory birds which may be taken39in this state, the Idaho fish and game commission and the director of the40Idaho fish and game department shall be exempt from the provisions of section4167-5221, Idaho Code; however, after taking such action, the commission or the42director shall cause a notice of such action to be published in the first43available issue of the bulletin44 (c) The proclamation shall be published in a pamphlet or brochure 45 as provided in section 59-1012, Idaho Code, and distributed without charge 46 to the public. The text of the proclamation published in a pamphlet or 47 brochure shall be the official text of the proclamation. Judicial notice 48 shall be taken of the proclamation pamphlet or brochure . 49 SECTION 3. That Section 36-106, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director 52 Created. The commission shall appoint a director of the department of fish and 6 1 game, hereinafter referred to as the director, who shall be a person with 2 knowledge of, and experience in, the requirements for the protection, conser- 3 vation, restoration, and management of the wildlife resources of the state. 4 The director shall not hold any other public office, nor any office in any 5 political party organization, and shall devote his entire time to the service 6 of the state in the discharge of his official duties, under the direction of 7 the commission. 8 (b) Secretary to Commission. The director or his designee shall serve as 9 secretary to the commission. 10 (c) Compensation and Expenses. The director shall receive such compensa- 11 tion as the commission, with the concurrence and approval of the governor, may 12 determine and shall be reimbursed at the rate provided by law for state 13 employees for all actual and necessary traveling and other expenses incurred 14 by him in the discharge of his official duties. 15 (d) Oath and Bond. Before entering upon the duties of his office, the 16 director shall take and subscribe to the official oath of office, as provided 17 by section 59-401, Idaho Code, and shall, in addition thereto, swear and 18 affirm that he holds no other public office, nor any position under any polit- 19 ical committee or party. Such oath, or affirmation, shall be signed in the 20 office of the secretary of state. 21 The director shall be bonded to the state of Idaho in the time, form and 22 manner prescribed by chapter 8, title 59, Idaho Code. 23 (e) Duties and Powers of Director. 24 1. The director shall have general supervision and control of all activi- 25 ties, functions, and employees of the department of fish and game, under 26 the supervision and direction of the commission, and shall enforce all the 27 provisions of the laws of the state, and rules andregulations28proclamations of the commission relating to wild ani- 29 mals, birds, and fish and, further, shall perform all the duties pre- 30 scribed by section 67-2405, Idaho Code, and other laws of the state not 31 inconsistent with this act, and shall exercise all necessary powers inci- 32 dent thereto not specifically conferred on the commission. 33 2. The director is hereby authorized to appoint as many classified 34 employees as the commission may deem necessary to perform administrative 35 duties, to enforce the laws and to properly implement management, propaga- 36 tion, and protection programs established for carrying out the purposes of 37 the Idaho fish and game code. 38 3. The appointment of such employees shall be made by the director in 39 accordance with the Idaho personnel commission act and rules promulgated 40 pursuant to chapter 53, title 67, Idaho Code, and they shall be compen- 41 sated as provided therein. Said employees shall be bonded to the state of 42 Idaho in the time, form, and manner prescribed by chapter 8, title 59, 43 Idaho Code. 44 4. The director is hereby authorized to establish and maintain fish 45 hatcheries for the purpose of hatching, propagating, and distributing all 46 kinds of fish. 47 5. (A) The director, or any person appointed by him in writing to do so, 48 may take wildlife of any kind, dead or alive, or import the same, 49 subject to such conditions, restrictions and regulations as he may 50 provide, for the purpose of inspection, cultivation, propagation, 51 distribution, scientific or other purposes deemed by him to be of 52 interest to the fish and game resource of the state. 53 (B) The director shall have supervision over all of the matters per- 54 taining to the inspection, cultivation, propagation and distribution 55 of the wildlife propagated under the provisions of title 36, Idaho 7 1 Code. He shall also have the power and authority to obtain, by pur- 2 chase or otherwise, wildlife of any kind or variety which he may deem 3 most suitable for distribution in the state and may have the same 4 properly cared for and distributed throughout the state of Idaho as 5 he may deem necessary. 6 (C) The director is hereby authorized to issue a license/tag/permit 7 to a nonresident landowner who resides in a contiguous state for the 8 purpose of taking one (1) animal during an emergency depredation hunt 9 which includes the landowner's Idaho property subject to such condi- 10 tions, restrictions or regulations as the director may provide. The 11 fee for this license/tag/permit shall be equal to the costs of a res- 12 ident hunting license, a resident tag fee and a resident depredation 13 permit. 14 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to 15 the contrary, on and after the effective date of this act, the direc- 16 tor shall not expend any funds, or take any action, or authorize any 17 employee or agent of the department or other person to take any 18 action, to undertake actual transplants of bighorn sheep into areas 19 they do not now inhabit or to augment the number of bighorn sheep in 20 existing herds until: 21 (i) The boards of county commissioners of the counties in 22 which the release is proposed to take place have been given rea- 23 sonable notice of the proposed release. 24 (ii) The affected federal and state land grazing permittees and 25 owners or leaseholders of private land in or contiguous to the 26 proposed release site have been given reasonable notice of the 27 proposed release. 28 (iii) The president pro tempore of the senate and the speaker of 29 the house of representatives have received from the director a 30 plan for the forthcoming year that details, to the best of the 31 department's ability, the proposed transplants which shall 32 include the estimated numbers of bighorn sheep to be trans- 33 planted and a description of the areas the proposed transplant 34 or transplants are planned for. 35 Upon request, the department shall grant one (1) hearing per 36 transplant if any affected individual or entity expresses written 37 concern within ten (10) days of notification regarding any trans- 38 plants of bighorn sheep and shall take into consideration these con- 39 cerns in approving, modifying or canceling any proposed bighorn sheep 40 transplant. Any such hearing shall be held within thirty (30) days of 41 the request. Upon any transplant of bighorn sheep into areas they do 42 not now inhabit or a transplant to augment existing populations, the 43 department shall provide for any affected federal or state land graz- 44 ing permittees or owners or leaseholders of private land a written 45 letter signed by all federal, state and private entities responsible 46 for the transplant stating that the existing sheep or livestock oper- 47 ations in the area of any such bighorn sheep transplant are recog- 48 nized and that the potential risk, if any, of disease transmission 49 and loss of bighorn sheep when the same invade domestic livestock or 50 sheep operations is accepted. 51 6. (A) The director shall have the power, at any time when it is desired 52 to introduce any new species, or if at any time any species of wild- 53 life of the state of Idaho shall be threatened with excessive shoot- 54 ing, trapping, or angling or otherwise, to close any open season for 55 such time as he may designate; in the event an emergency is declared 8 1 to exist such closure shall become effective forthwith upon written 2 order of the director; in all other cases upon publication and post- 3 ing as provided in section 36-105, Idaho Code. 4 (B) In order to protect property from damage by wildlife, the fish 5 and game commission may delegate to the director or his designee the 6 authority to declare an open season upon that particular species of 7 wildlife to reduce its population. The director or his designee shall 8 make an order embodying his findings in respect to when, under what 9 circumstances, in which localities, by what means, and in what 10 amounts, numbers and sex the wildlife subject to the hunt may be 11 taken. In the event an emergency is declared to exist such open sea- 12 son shall become effective forthwith upon written order of the direc- 13 tor or his designee; in all other cases upon publication and posting 14 as provided in section 36-105, Idaho Code. 15 (C) Any order issued under authority hereof shall be published in at 16 least one (1) newspaper of general circulation in the area affected 17 by the order for at least once a week for two (2) consecutive weeks, 18 and such order shall be posted in public places in each county as the 19 director may direct. 20 (D) During the closure of any open season or the opening of any spe- 21 cial depredation season by the director all provisions of laws relat- 22 ing to the closed season or the special depredation season on such 23 wildlife shall be in force and whoever violates any of the provisions 24 shall be subject to the penalties prescribed therefor. 25 (E) Prior to the opening of any special depredation hunt, the direc- 26 tor or his designee shall be authorized to provide up to a maximum of 27 fifty percent (50%) of the available permits for such big game to the 28 landholder(s) of privately owned land within the hunt area or his 29 designees. If the landholder(s) chooses to designate hunters, he must 30 provide a written list of the names of designated individuals to the 31 department. If the landholder(s) fails to designate licensed hunt- 32 ers, then the department will issue the total available permits in 33 the manner set by rule. All hunters must have a current hunting 34 license and shall have equal access to both public and private lands 35 within the hunt boundaries. It shall be unlawful for any 36 landholder(s) to receive any form of compensation from a person who 37 obtains or uses a depredation controlled hunt permit. 38 7. The director shall make an annual report to the governor, the legisla- 39 ture, and the secretary of state, of the doings and conditions of his 40 office, which report shall be made in accordance with section 67-2509, 41 Idaho Code. 42 8. The director may sell or cause to be sold publications and materials 43 in accordance with section 59-1012, Idaho Code. 44 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or 45 transported by the department of fish and game shall be tested for the 46 presence of certain communicable diseases that can be transmitted to 47 domestic livestock. Those communicable diseases to be tested for shall be 48 arrived at by mutual agreement between the department of fish and game and 49 the department of agriculture. Any moneys expended by the department of 50 fish and game on wildlife disease research shall be mutually agreed upon 51 by the department of fish and game and the department of agriculture. 52 In addition, a comprehensive animal health program for all deer, elk, 53 antelope, moose, bighorn sheep, or bison imported into, transported, or 54 resident within the state of Idaho shall be implemented after said program 55 is mutually agreed upon by the department of fish and game and the depart- 9 1 ment of agriculture. 2 In order to enhance and protect the health of wildlife within the 3 state, as well as safeguard the health of livestock resources, the direc- 4 tor of the department of agriculture shall employ at least one (1) veteri- 5 narian licensed in Idaho whose duties shall include, but not be limited 6 to, addressing wildlife disease issues and coordinating disease prevention 7 work between the department of fish and game and the department of agri- 8 culture. The employing of said veterinarian shall be by mutual agreement 9 of the director of the department of fish and game and of the director of 10 the department of agriculture. The veterinarian shall be on the staff of 11 the division of animal industries, department of agriculture. The salary 12 or compensation to be paid said veterinarian or veterinarians shall be 13 divided equally between the department of fish and game and the department 14 of agriculture, and the department of fish and game's portion shall be 15 deposited directly into the livestock disease control account. The veteri- 16 narian shall be employed on and after July 1, 1989. 17 10. In order to monitor and evaluate the disease status of wildlife and to 18 protect Idaho's livestock resources, any suspicion by fish and game per- 19 sonnel of a potential communicable disease process in wildlife shall be 20 reported within twenty-four (24) hours to the department of agriculture. 21 All samples collected for disease monitoring or disease evaluation of 22 wildlife shall be submitted to the division of animal industries, depart- 23 ment of agriculture. 24 11. (A) The director is authorized to enter into an agreement with an 25 independent contractor for the purpose of providing a telephone order 26 and credit card payment service for controlled hunt permits, 27 licenses, tags, and permits. 28 (B) The contractor may collect a fee for its service in an amount to 29 be set by contract. 30 (C) All moneys collected for the telephone orders of such licenses, 31 tags, and permits shall be and remain the property of the state, and 32 such moneys shall be directly deposited by the contractor into the 33 state treasurer's account in accordance with the provisions of sec- 34 tion 59-1014, Idaho Code. The contractor shall furnish a good and 35 sufficient surety bond to the state of Idaho in an amount sufficient 36 to cover the amount of the telephone orders and potential refunds. 37 (D) The refund of moneys for unsuccessful controlled hunt permit 38 applications and licenses, tags, and permits approved by the depart- 39 ment may be made by the contractor crediting the applicant's or 40 licensee's credit card account. 41 SECTION 4. That Section 36-202, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 36-202. DEFINITIONS. Whenever the following words appear in title 36, 44 Idaho Code, and orders and rules promulgated by the Idaho fish and game com- 45 mission or the director of the Idaho department of fish and game, they shall 46 be deemed to have the same meaning and terms of reference as hereinafter set 47 forth. The present tense includes the past and future tenses, and the future, 48 the present. 49 (a) "Title" shall mean all of the fish and game laws and rules promul- 50 gated pursuant thereto. 51 (b) "Commission" shall mean the Idaho fish and game commission. 52 "Commissioner" shall mean a member of the Idaho fish and game commission. 53 (c) "Department" shall mean the Idaho department of fish and game. 10 1 (d) "Director" shall mean the director of the Idaho department of fish 2 and game or any person authorized to act in his name. 3 (e) "Employee" shall mean any employee of the Idaho department of fish 4 and game whose salary is paid entirely or in part by funds administered by the 5 Idaho fish and game commission and whose appointment is made in accordance 6 with the Idaho personnel commission act and related rules. 7 (f) "Person" shall mean an individual, partnership, corporation, company, 8 or any other type of association, and any agent or officer of any partnership, 9 corporation, company, or other type of association. The masculine gender 10 includes the feminine and the neuter. The singular, the plural, and the plu- 11 ral, the singular. 12 (g) "Wildlife" shall mean any form of animal life, native or exotic, gen- 13 erally living in a state of nature. 14 (h) "Take" shall mean hunt, pursue, catch, capture, shoot, fish, seine, 15 trap, kill, or possess or any attempt to so do. 16 (i) "Hunting" shall mean chasing, driving, flushing, attracting, pursu- 17 ing, worrying, following after or on the trail of, shooting at, stalking, or 18 lying in wait for, any wildlife whether or not such wildlife is then or subse- 19 quently captured, killed, taken, or wounded. Such term does not include 20 stalking, attracting, searching for, or lying in wait for, any wildlife by an 21 unarmed person solely for the purpose of watching wildlife or taking pictures 22 thereof. 23 (j) "Fishing" shall mean any effort made to take, kill, injure, capture, 24 or catch any fish or bullfrog. 25 (k) "Trapping" shall mean taking, killing, and capturing wildlife by the 26 use of any trap, snare, deadfall, or other device commonly used to capture 27 wildlife, and the shooting or killing of wildlife lawfully trapped, and 28 includes all lesser acts such as placing, setting or staking such traps, 29 snares, deadfalls, and other devices, whether or not such acts result in the 30 taking of wildlife, and every attempt to take and every act of assistance to 31 any other person in taking or attempting to take wildlife with traps, snares, 32 deadfalls, or other devices. 33 (l) "Possession" shall mean both actual and constructive possession, and 34 any control of the object or objects referred to; provided that wildlife taken 35 accidentally and in a manner not contrary to the provisions of this title 36 shall not be deemed to be in possession while being immediately released live 37 back to the wild. 38 (m) "Possession limit" shall mean the maximum limit in number or amount 39 of wildlife which may be lawfully in the possession of any person. "Possession 40 limit" shall apply to wildlife being in possession while in the field or being 41 transported to final place of consumption or storage. 42 (n) "Bag limit" shall mean the maximum number of wildlife which may be 43 legally taken, caught, or killed by any one (1) person for any 44 particular period of time, as provided by order of the commission. The term 45 "bag limit" shall be construed to mean an individual, independent effort and 46 shall not be interpreted in any manner as to allow one (1) individual to take 47 more than his "bag limit" toward filling the "bag limit" of another. 48 (o) "Buy" shall mean to purchase, barter, exchange, or trade and includes 49 any offer or attempt to purchase, barter, exchange, or trade. 50 (p) "Sell" shall mean to offer or possess for sale, barter, exchange, or 51 trade, or the act of selling, bartering, exchanging or trading. 52 (q) "Transport" shall mean to carry or convey or cause to be carried or 53 conveyed from one (1) place to another and includes an offer to 54 transport, or receipt or possession for transportation. 55 (r) "Resident" shall mean any person who has been domiciled in this 11 1 state, with a bona fide intent to make this his place of permanent abode, for 2 a period of not less than six (6) months immediately preceding the date of 3 application for any license, tag, or permit required under the provisions of 4 this title or orders of the commission and who, when temporarily absent from 5 this state, continues residency with intent to return, and who does not claim 6 any resident privileges in any other state or country for any purpose. Such 7 privileges include, but are not limited to: state where valid driver's license 8 is issued; state of voter registration; state where resident state income 9 taxes are filed; state where homeowner's tax exemption is granted. Provided 10 that, until any such person has been continuously domiciled outside the state 11 of Idaho for a sufficient period of time to qualify for resident hunting and 12 fishing privileges in his new state of residence, said person shall be deemed 13 not to have lost his residency in Idaho for the purposes of this title. How- 14 ever, mere ownership of real property or payment of property taxes in Idaho 15 does not establish residency. Provided further that: 16 1. Idaho residents shall not lose their residency in Idaho if they are 17 absent from the state for religious (not to exceed two (2) years) or full- 18 time educational (not to exceed five (5) years) purposes, full time to be 19 defined by the educational institution attended, and do not claim resi- 20 dency or use resident privileges in any other state or country for any 21 purpose. 22 2. Idaho residents who are in the military service of the United States 23 and maintain Idaho as their official state of residence as shown on their 24 current leave and earnings statement, together with their spouse and chil- 25 dren under eighteen (18) years of age living in the household, shall be 26 eligible for the purchase of resident licenses. 27 3. A member of the military service of the United States or of a foreign 28 country, together with his spouse and children under eighteen (18) years 29 of age residing in his household, who have been officially transferred, 30 stationed, domiciled and on active duty in this state for a period of 31 thirty (30) days last preceding application shall be eligible, as long as 32 such assignment continues, to purchase a resident license. 33 4. Any person enrolled as a corpsman at a job corps center in Idaho shall 34 be eligible, as long as he is so enrolled, to obtain a resident fishing 35 license irrespective of his length of residence in this state. 36 5. Any foreign exchange student enrolled in an Idaho high school shall be 37 eligible, as long as he is so enrolled, to obtain a resident fishing 38 license irrespective of his length of residence in this state. 39 (s) "Senior resident" shall mean any person who is over sixty-five (65) 40 years of age and who has been a resident of the state of Idaho as hereinbefore 41 provided for not less than five (5) years. 42 (t) "Nonresident" shall mean any person who does not qualify as a resi- 43 dent. 44 (u) "Order, rule, regulation and proclamation " are all used 45 interchangeably and each includes the others. 46 (v) "Blindness" shall mean sight that does not exceed 20/200 as provided 47 by the administrative guidelines of section 56-213, Idaho Code. 48 (w) "Public highway" shall mean the traveled portion of, and the shoul- 49 ders on each side of, any road maintained by any governmental entity for pub- 50 lic travel, and shall include all bridges, culverts, overpasses, fills, and 51 other structures within the limits of the right-of-way of any such road. 52 (x) "Motorized vehicle" shall mean any water, land or air vehicle pro- 53 pelled by means of steam, petroleum products, electricity, or any other 54 mechanical power. 55 (y) "Commercial fish hatchery" shall mean any hatchery, pond, lake or 12 1 stream or any other waters where fish are held, raised, or produced for sale 2 but shall not include facilities used for the propagation of fish commonly 3 considered as ornamental or aquarium varieties. 4 (z) "License" shall mean any license, tag, permit or stamp. 5 (aa) "License vendor" shall mean any person authorized to issue or sell 6 licenses. 7 (bb) "Proclamation" shall mean the action by the commission and pub- 8 lication of the pertinent information as it relates to the seasons and limits 9 for taking wildlife. 10 SECTION 5. That Section 36-901, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 36-901. FISHING UNLAWFUL EXCEPT BY COMMISSIONREGULATION13 RULE OR PROCLAMATION . No person shall take by any method or 14 means, at any place or time or in any amount, or to have in possession fish 15 from any of the waters of the state of Idaho except as permitted by provisions 16 of this title and commissionregulationsrules or proclama- 17 tions promulgated pursuant thereto. 18 SECTION 6. That Section 36-902, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 36-902. UNLAWFUL FISHING METHODS -- DESTRUCTION OF FISH PROHIBITED -- 21 EXCEPTIONS. Except as may be otherwise permitted by law or commission22regulationrule or proclamation no person shall: 23 (a) Destructive Substances. Deposit, throw, place, allow or cause to pass 24 into any of the waters of this state any deleterious drugs, toxicants, chemi- 25 cals, poisonous substances, explosives, electrical current, or other material 26 which may tend to destroy, kill, disable, or drive away fish. 27 (b) Mills. Operate any sawmill, reduction works or quartz mill upon any 28 natural stream course or lake without having first constructed a proper dam 29 for settling purposes as approved by the director. 30 (c) Net, Spear. Catch, attempt to catch or kill any species of fish what- 31 ever in any of the streams, rivers, lakes, reservoirs or waters of this state 32 with any seine, net, spear, snag hook, weir, fence, basket, trap, gill net, 33 dip net, trammel net or any other contrivance. 34 (d) Minnows. Take, transport, use or have in possession minnows, fish or 35 the young of any fish or parts thereof for bait or to release in any manner 36 live minnows, fish or the young of any fish into the waters of this state 37 except where such use, possession or taking is done in connection with fishing 38 in the waters of the Kootenai River. 39 (e) Chumming. Deposit or distribute any substance not attached to a hook 40 for the purpose of attracting fish. Salmon eggs or other spawn may be used for 41 bait only when attached to a hook on a line and fished in the conventional 42 manner. 43 (f) Penalty. Any person convicted of any violation of any of the provi- 44 sions of this section shall: for subsections (a) and (b), be fined in a sum of 45 not less than one hundred fifty dollars ($150) for each offense, and/or by 46 commitment to jail for a period of not more than six (6) months; for subsec- 47 tion (c), not less than fifty dollars ($50.00), and/or by commitment to jail 48 for a period of not more than six (6) months; for subsections (d) and (e), as 49 provided in section 36-1402, Idaho Code. 50 SECTION 7. That Section 36-1101, Idaho Code, be, and the same is hereby 13 1 amended to read as follows: 2 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION 3REGULATIONRULE OR PROCLAMATION -- METHODS PROHIB- 4 ITED -- EXCEPTIONS. (a) It is unlawful, except as may be otherwise provided by 5 Idaho law, including this title or commission rules or proclamations 6 promulgated pursuant thereto, for any person to take any of the game 7 animals, birds or fur-bearing animals of this state. 8 (b) Except as may be otherwise provided under this title or commission 9 rules or proclamations promulgated pursuant thereto, it is unlaw- 10 ful for any person to: 11 1. Hunt from Motorized Vehicles. Hunt any of the game animals or game 12 birds of this state from or by the use of any motorized vehicle except as 13 provided by commission rule; provided however, that the commission shall 14 promulgate rules which shall allow a physically handicapped person to 15 apply for a special permit which would allow the person to hunt from a mo- 16 torized vehicle which is not in motion. A physically handicapped person 17 means a person: 18 (A) Who has lost, or has lost the use of, one (1) or both lower 19 extremities or both hands, or who hasthesignificant 20 limitation in the use of the lower extremities, or who has a diag- 21 nosed disease or disorder which substantially impairs or interferes 22 with mobility, or who is so severely disabled as to be unable to move 23 without the aid of an assistance device. 24 (B) Who suffers from lung disease to the extent that his forced 25 (respiratory) expiratory volume for one (1) second when measured by 26 spirometry is less than one (1) liter or his arterial oxygen tension 27 (po ) is less than 60 mm/Hg on room air at rest. 28 (C) Who is impaired by cardiovascular disease to the extent that his 29 functional limitations are classified in severity as class III or 30 class IV according to standards accepted by the American Heart Asso- 31 ciation. 32 The commission shall specify the form of application for and design of the 33 special permit which shall allow a physically handicapped person to hunt from 34 a motorized vehicle which is not in motion. No fee shall be charged for the 35 issuance of the special permit and the issuance of a special permit shall not 36 exempt a person from otherwise properly purchasing or obtaining other neces- 37 sary licenses, permits and tags in accordance with this title and rules pro- 38 mulgated pursuant thereto. The special permit shall not be transferable and 39 may only be used by the person to whom it is issued. A person who has been 40 issued a special permit which allows a physically handicapped person to hunt 41 from a motorized vehicle not in motion shall have that permit prominently dis- 42 played on any vehicle the person is utilizing to hunt from and the person 43 shall produce, on demand, the permit and other identification when so 44 requested by a conservation officer of the department of fish and game. A per- 45 son possessing a special permit shall not discharge any firearm from or across 46 a public highway. In addition to other penalties any unauthorized use of the 47 special permit shall be grounds for revocation of the permit. 48 2. Molest with Motorized Vehicles. Use any motorized vehicle to molest, 49 stir up, rally or drive in any manner any of the game animals or game 50 birds of this state. 51 3. Communicate from Aircraft. Make use of aircraft in any manner to spot 52 or locate game animals, game birds or fur-bearing animals of this state 53 from the air and communicate the location or approximate location thereof 54 by any signals whatsoever, whether radio, visual or otherwise, to any per- 14 1 son then on the ground. 2 4. Hunt from Helicopter. Make use of any helicopter in any manner in the 3 taking of game or loading, transporting, or unloading hunters, game or 4 hunting gear in any manner except when such use is at recognized airports 5 or airplane landing fields, or at heliports which have been previously 6 established on private land or which have been established by a department 7 or agency of the federal, state or local government or when said use is in 8 the course of emergency or search and rescue operations. 9 5. Artificial Light. Hunt any animal or bird except raccoon by the aid of 10 a spotlight, flashlight or artificial light of any kind. The act of cast- 11 ing or throwing, after sunset, the beam or rays of any spotlight, head- 12 light or other artificial light capable of utilizing six (6) volts or more 13 of electrical power upon any field, forest or other place by any person 14 while having in his possession or under his control any uncased firearm or 15 contrivance capable of killing any animal or bird, shall be prima facie 16 evidence of hunting with an artificial light. Provided nothing in this 17 subsection shall apply where the headlights of a motor vehicle, operated 18 and proceeding in a normal manner on any highway or roadway, cast a light 19 upon animals or birds on or adjacent to such highway or roadway and there 20 is no intent or attempt to locate such animals or birds. Provided further, 21 nothing in this subsection shall prevent the hunting of unprotected or 22 predatory wildlife with the aid of artificial light when such hunting is 23 for the purpose of protecting property or livestock, is done by landowners 24 or persons authorized in writing by them to do so and is done on property 25 they own, lease or control; and provided further that the hunting and tak- 26 ing of unprotected or predatory wildlife with the aid of artificial light 27 on public lands is authorized after obtaining a permit to do so from the 28 director. The director may, for good cause, refuse to issue such permit. 29 Other provisions of this subsection notwithstanding, the commission may 30 establish rules allowing the hunting of raccoon with the aid of an artifi- 31 cial light. 32 6. Regulation of Dogs. 33 (A) No person shall make use of a dog for the purpose of pursuing, 34 taking or killing any of the big game animals of this state except as 35 otherwise provided by rules of the commission. 36 (B) Any person who is the owner of, or in possession of, or who har- 37 bors any dog found running at large and which is actively tracking, 38 pursuing, harassing or attacking, or which injures or kills deer or 39 any other big game animal within this state shall be guilty as pro- 40 vided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense 41 that such dog or dogs were pursuing said big game animals without the 42 aid or direction of the owner, possessor, or harborer. 43 (C) Any dog found running at large and which is actively tracking, 44 pursuing, harassing, attacking or killing deer or any other big game 45 animal may be destroyed without criminal or civil liability by the 46 director, or any peace officer, or other persons authorized to 47 enforce the Idaho fish and game laws. 48 7. Attempt to take Simulated Wildlife. 49 (A) Attempt to take, by firearm or any other contrivance capable of 50 killing an animal or bird, simulated wildlife in violation of any of 51 the provisions of this title or commission rules applicable to the 52 taking of the wildlife being simulated, when the simulated wildlife 53 is being used by a conservation officer or other person authorized to 54 enforce Idaho fish and game laws or rules promulgated pursuant 55 thereto. No person shall be found guilty of violating this subpart 15 1 provided that no other law or rule has been violated. 2 (B) Any person pleading guilty to, convicted of or found guilty for 3 attempting to take simulated wildlife within this state shall be 4 guilty of a misdemeanor and shall be punished as provided in either 5 subsection (b) or (d) of section 36-1402, Idaho Code. 6 SECTION 8. That Section 36-1102, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-1102. PROTECTION OF BIRDS. (a) Game, Song, Insectivorous, Rodent Kill- 9 ing, and Innocent Birds Protected. Except for English sparrows and starlings, 10 no person shall at any time of the year take any game, song, rodent killing, 11 insectivorous or other innocent bird, except as provided by commission12regulationsproclamations promulgated pursuant hereto, or 13 for any person to intentionally disturb or destroy the eggs or nests of such 14 birds at any time. 15 (b) Migratory Birds. 16 1. No person shall hunt, take or have in possession any migratory birds 17 except as provided by federal regulations made pursuant to the Federal 18 Migratory Bird Treaty Act, as amended, and in accordance with related 19 rules andregulationsproclamations promulgated 20 by the commission. 21 2. No person subject to the Federal Migratory Bird Hunting Stamp Act tax 22 shall hunt any migratory waterfowl unless at the time of such hunting he 23 carries on his person an unexpired Federal Migratory Bird Hunting Stamp 24 validated by his signature in ink across the face of the stamp while hunt- 25 ing such birds. 26 (c) Falconry. The commission is authorized to establish a falconry pro- 27 gram and to promulgate rules andregulationsproclamations 28 governing same. 29 SECTION 9. That Section 36-1103, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 36-1103. FUR-BEARING ANIMALS -- SEASONS -- METHODS -- AMOUNTS. No person 32 shall trap or take by any method or means and at any place or time or in any 33 amount or to have in possession any wild fur-bearing animals or pelts thereof 34 except as permitted by provisions of this title and commissionregula-35tionsrules and proclamations promulgated pursuant 36 thereto. 37 (a) Trapping -- Fur-bearing Animals. No person shall: 38 1. Use any part of a game bird, game animal, or game fish for bait in 39 trapping or taking of any wildlife. 40 2. Destroy, disturb, or remove the trap or traps of any licensed trapper 41 within this state provided, however, that the director may inspect such 42 traps and seize same when unlawfully set. 43 (b) Seizure and Sale of Unclaimed Traps. Traps or other trapping equip- 44 ment unlawfully set shall be seized by the director or any officer charged 45 with the enforcement of the wildlife laws and may be sold and themonies46moneys of such sale shall be credited to the state fish 47 and game fund. 48 (c) Muskrat House Protected. No person shall trap in or on or to destroy 49 or damage any muskrat house at any time. For the purpose of this section what 50 is known as a push-up is not construed to be a muskrat house in the sense of 51 the law pertaining to trapping in or on muskrat houses. 16 1 SECTION 10. That Section 36-1301, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 36-1301. POWER AND DUTY OF OFFICERS -- OFFICIAL BADGE -- WHO MAY WEAR -- 4 SEPARABILITY. (a) Authorized Officers. The director, all conservation officers 5 and other classified department employees, and all sheriffs, deputy sheriffs, 6 forest supervisors, marshals, police officers, state forest department offi- 7 cers, and national forest rangers shall have statewide jurisdiction and it is 8 hereby made their duty to enforce the provisions of the Idaho fish and game 9 code. 10 (b) Authority and Limitations as Peace Officers. All conservation offi- 11 cers who receive certification from the Idaho peace officer standards and 12 training advisory council shall have all the authority given by statute to 13 peace officers of the state of Idaho. All other classified employees 14 appointed by the director shall have the power of peace officers limited to: 15 1. The enforcement of the provisions of title 36, Idaho Code, and commis- 16 sionregulationsrules and proclamations promul- 17 gated pursuant thereto. 18 2. The arrest of persons having domestic animals unlawfully in their pos- 19 session. 20 3. The enforcement of the provisions of chapter 70, title 67, Idaho Code, 21 provided that such authority is exercised in cooperation with sheriffs of 22 the respective counties. 23 4. Responding to express requests from other law enforcement agencies for 24 aid and assistance in enforcing other laws. For purposes of this section, 25 such a request from a law enforcement agency shall mean only a request for 26 assistance as to a particular and singular violation or suspicion of 27 violation of law, and shall not constitute a continuous request for assis- 28 tance outside the purview of enforcement of title 36, Idaho Code. 29 (c) Additional Authority and Duties. Said officers and employees shall 30 have additional peace officer power, but not constituting an obligation beyond 31 their regular course of duty, relative to: 32 1. The enforcement of the provisions of title 38, Idaho Code (Idaho for- 33 estry act), as authorized by section 38-133, Idaho Code. 34 2. The enforcement of provisions of chapter 71, title 67, Idaho Code. 35 3. The enforcement of the provisions of sections 18-3906 and 18-7031, 36 Idaho Code, relating to littering. 37 4. The enforcement of the provisions of section 42-3811, Idaho Code, 38 relating to the enforcement of certain provisions of chapter 38, title 42, 39 Idaho Code. 40 (d) Official Badge -- Who May Wear. No person who is not at the time a 41 classified employee or conservation officer, duly authorized and commissioned 42 by the director, shall wear or exhibit in public an official badge of the 43 Department of Fish and Game of the state of Idaho. 44 SECTION 11. That Section 36-1304, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 36-1304. SEIZURE OF EQUIPMENT AND WILDLIFE. (a) Seizure of Evidence -- 47 Confiscation of Unlawfully Used Equipment. The director and all other officers 48 empowered to enforce fish and game laws are hereby authorized at any time to 49 seize and hold as evidence any powder, explosives, lime, toxicants, drugs, 50 spears, traps, snares, guns, tackle, nets, seines or any other hunting, trap- 51 ping or fishing equipment or devices used in the commission of a violation of 52 any provisions of this title orregulationsrules or proc- 17 1 lamations promulgated pursuant thereto, provided that all lawful traps, 2 guns, spears, tackle, nets and seines taken from the possession of any person 3 arrested for a violation of this title and held as evidence in any prosecution 4 resulting from such arrest shall not be subject to confiscation but the same 5 shall be returned to the person from whom taken when no longer needed as evi- 6 dence. Provided, however, if it appears from the evidence before the magis- 7 trate hearing the case that the powder, explosive, lime, toxicants, drugs, or 8 other unlawful means and devices were used or were about to be used for the 9 unlawful taking or killing of wildlife, said magistrate shall order the same 10 confiscated and sold by the director at public sale, the proceeds therefrom 11 turned into the fish and game account. Any guns, fishing tackle, nets, traps 12 or other equipment used in the taking of wildlife unlawfully and for which no 13 lawful owner can be determined or any such equipment seized as evidence in a 14 case and for which an owner is known, if not claimed within six (6) months 15 following the final disposition of the case in question, shall be deemed to be 16 the property of the fish and game department; provided, that this shall not 17 occur unless written notice is given to the lawful owner, when known, by reg- 18 istered mail to his last known address within thirty (30) days after the final 19 disposition of the case. Equipment so obtained may be sold by the department 20 unless it would be unlawful for the general public to own or possess such 21 equipment. Any proceeds from the sale of such equipment that would be lawful 22 for the general public to own or possess, shall be deposited in the fish and 23 game account. 24 (b) Unlawfully Taken Wildlife -- Seizure, Confiscation, Disposition. The 25 director or any other officer empowered to enforce the fish and game laws may 26 at any time seize and take into his custody any wildlife or any portion 27 thereof which may have been taken unlawfully, or which may be unlawfully in 28 the possession of any person. If it appears from the evidence before the mag- 29 istrate hearing the case that said wildlife was unlawfully taken, the magis- 30 trate shall: 31 1. Order the same confiscated or sold by the director and the proceeds 32 deposited in the fish and game account; or 33 2. In his discretion, order such confiscated wildlife given to a desig- 34 nated tax-supported, nonprofit or charitable institution or indigent per- 35 son. 36 (c) Unclaimed Wildlife -- Seizure, Disposition. All carcasses, hides, 37 pelts or portions of any wildlife protected by the provisions of this title 38 which are deemed to be unclaimed or abandoned may be seized by the director or 39 any other officer empowered to enforce game laws and, upon being so seized, 40 the director shall: 41 1. Sell same at public or private sale and deposit the proceeds therefrom 42 in the fish and game account. 43 2. In his discretion, order such wildlife to be given to a designated 44 tax-supported nonprofit or charitable institution or indigent person. 45 (d) Receipt Required. A written receipt must be executed for all equip- 46 ment or wildlife disposed of in accordance with the provisions of this sec- 47 tion. 48 SECTION 12. That Section 36-1401, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 36-1401. VIOLATIONS. (a) Infractions. Any person who pleads guilty to or 51 is found guilty of a violation of the following provisions of the fish and 52 game code or the following rules or proclamations promulgated 53 pursuant thereto is guilty of an infraction: 18 1 1. Statutes 2 (A) Take, transport, use or have in possession bait fish as set 3 forth in section 36-902(d), Idaho Code. 4 (B) Chumming as set forth in section 36-902(e), Idaho Code. 5 (C) Nonresident child under the age of fourteen (14) years fishing 6 without a valid license and not accompanied by a valid license holder 7 as set forth in section 36-401(a)2., Idaho Code. 8 (D) Use or cut a hole larger than ten (10) inches in the ice for ice 9 fishing as set forth in section 36-1509(a), Idaho Code. 10 (E) Store fish without required tags/permits/statements as set forth 11 in section 36-503, Idaho Code. 12 (F) Own, possess or harbor any dog found running loose and which is 13 tracking, pursuing, harassing or attacking a big game animal as set 14 forth in section 36-1101(b)6.(B), Idaho Code. 15 (G) Hunt migratory waterfowl without having in possession a signed 16 federal migratory bird hunting stamp as set forth in section 17 36-1102(b)2., Idaho Code. 18 (H) Hunt migratory waterfowl without having in possession a signed 19 Idaho migratory waterfowl stamp as set forth in section 36-414(2), 20 Idaho Code. 21 (I) Hunt upland game birds without having in possession an upland 22 game permit as set forth in section 36-409(h), Idaho Code. 23 (J) Trap in or on, destroy or damage any muskrat house as provided 24 in section 36-1103(c), Idaho Code. 25 (K) Hunt migratory game birds with a shotgun capable of holding more 26 than three (3) shells as provided and incorporated in section 27 36-1102(b), Idaho Code. 28 2. Rules or Proclamations 29 (A) Fish from a raft or boat with motor attached in waters where 30 motors are prohibited. 31 (B) Fish with hooks larger than allowed in that water. 32 (C) Fish with barbed hooks in waters where prohibited. 33 (D) Exceed any established bag limit for fish by one (1) fish, 34 except bag limits for anadromous fish, landlocked chinook salmon, 35 kamloops rainbow trout, lake trout, or bull trout. 36 (E) Fish with more than the approved number of lines or hooks. 37 (F) Fail to leave head and/or tail on fish while fish are in posses- 38 sion or being transported. 39 (G) Snag or hook fish other than in the head and fail to release, 40 excluding anadromous fish. 41 (H) Fail to attend fishing line and keep it under surveillance at 42 all times. 43 (I) Fail to comply with mandatory check and report requirements. 44 (J) Fail to leave evidence of sex or species attached as required on 45 game birds. 46 (K) Hunt or take migratory game birds or upland game birds with shot 47 exceeding the allowable size. 48 (L) Fail to release, report or turn in nontarget trapped animals. 49 (M) Fail to complete required report on trapped furbearer. 50 (N) Fail to present required furbearer animal parts for inspection. 51 (O) Fail to attach identification tags to traps. 52 (P) Possess not more than one (1) undersized bass. 53 (Q) Park or camp in a restricted area, except length of stay viola- 54 tions. 55 (R) Fail to leave evidence of sex attached as required on game ani- 19 1 mals. 2 (b) Misdemeanors. Any person who pleads guilty to, is found guilty or is 3 convicted of a violation of the provisions of this title or rules or 4 proclamations promulgated pursuant thereto, or orders of the commis- 5 sion, except where an offense is expressly declared to be an infraction or 6 felony, shall be guilty of a misdemeanor. 7 (c) Felonies. Any person who pleads guilty to, is found guilty or is 8 convicted of a violation of the following offenses shall be guilty of a fel- 9 ony: 10 1. Knowingly and intentionally selling or offering for sale or exchange, 11 or purchasing or offering to purchase or exchange, any wildlife, or parts 12 thereof, which has been unlawfully killed, taken or possessed. 13 2. Releasing into the wild, without a permit from the director, any of 14 the following wildlife, whether native or exotic: ungulates, bears, 15 wolves, large felines, swine, or peccaries. 16 3. Unlawfully killing, possessing or wasting of any combination of num- 17 bers or species of wildlife within a twelve (12) month period which has a 18 single or combined reimbursable damage assessment of more than one thou- 19 sand dollars ($1,000), as provided in section 36-1404, Idaho Code. 20 4. Conviction within ten (10) years of three (3) or more violations of 21 the provisions of this title, penalties for which include either or both a 22 mandatory license revocation or a reimbursable damage assessment. 23 SECTION 13. That Section 36-1402, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 36-1402. PENALTY -- INFRACTION -- MISDEMEANOR -- FELONY -- REVOCATION OF 26 LICENSE -- DISPOSITION OF MONEYS. (a) Infraction Penalty. Any person who 27 pleads guilty to or is found guilty of an infraction of this code or rules 28 or proclamations promulgated pursuant thereto, shall be punished 29 in accordance with the provisions of the Idaho infractions rules. 30 (b) Misdemeanor Penalty. Any person entering a plea of guilty for, found 31 guilty of or convicted of a misdemeanor under the provisions of this title or 32 rules or proclamations promulgated pursuant thereto shall, except 33 in cases where a higher penalty is prescribed, be fined in a sum of not less 34 than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) 35 and/or by commitment to jail for not more than six (6) months. The minimum 36 fine, per animal, fish or bird, for the illegal taking, illegal possession or 37 the illegal waste of the following animals, fish or birds shall be as indi- 38 cated below: 39 Animal, Fish or Bird Minimum Fine 40 Bighorn sheep, mountain goat and moose $500 41 Elk $300 42 Any other big game animal $200 43 Wild turkey, swan and sturgeon $200 44 Chinook salmon, wild steelhead and bull trout $100 45 Any other game bird, game fish or furbearer $ 25 46 (c) Felony Penalty. Any person entering a plea of guilty for, found 47 guilty of or convicted of a felony under the provisions of this title shall be 48 punished in accordance with section 18-112, Idaho Code. Provided further, 49 that the judge hearing the case shall forthwith revoke for life, the hunting, 50 fishing or trapping license and privileges of any person who, within a five 51 (5) year period, pleads guilty to, is found guilty of or is convicted of three 52 (3) or more felony violations of the provisions of this title. 53 (d) License Revocation. Any person entering a plea of guilty or being 20 1 found guilty or convicted of violating any of the provisions of this title, or 2 who otherwise fails to comply with the requirements of a citation in connec- 3 tion with any such offense, may, in addition to any other penalty assessed by 4 the court, have his hunting, fishing, or trapping privileges revoked for such 5 period of time as may be determined by the court not to exceed three (3) 6 years, except that violations classified as felonies under section 36-1401, 7 Idaho Code, or as flagrant violations as defined in subsection (e) of this 8 section, shall authorize the court to impose license revocations for periods 9 of time up to and including life, with said period beginning on the date of 10 conviction, finding of guilt or the entry of the plea of guilty. Provided 11 further, that the magistrate hearing the case shall forthwith revoke the hunt- 12 ing, fishing, or trapping privileges for a period of not less than one (1) 13 year for any of the following offenses: 14 1. Taking or possessing upland game birds, migratory waterfowl, salmon, 15 steelhead, sturgeon, or any big game animal during closed season. 16 2. Exceeding the daily bag or possession limit of upland game birds, 17 migratory waterfowl or big game animals. 18 3. Taking any fish by unlawful methods as set forth in section 36-902(a) 19 or (c), Idaho Code. 20 4. Unlawfully purchasing, possessing or using any license, tag or permit 21 as set forth in section 36-405(c), Idaho Code. 22 5. Trespassing in violation of warning signs as set forth in section 23 36-1603, Idaho Code. 2486 . The unlawful release of any species of live 25 fish into any public body of water in the state. For purposes of this 26 paragraph, an "unlawful release of any species of live fish" shall mean a 27 release of any species of live fish, or live eggs thereof, in the state 28 without the permission of the director of the department of fish and game; 29 provided, that no permission is required when fish are being freed from a 30 hook and released at the same time and place where caught or when crayfish 31 are beingreleasereleased from a trap at the 32 same time and place where caught. 33 Provided further, that the magistrate hearing the case of a first time 34 hunting violation offender under the age of twenty-one (21) may require that 35 the offender attend a remedial hunter education course at the offender's 36 expense. Upon successful completion of the course, the remainder of the revo- 37 cation period shall be subject to a withheld judgment so long as the offender 38 is not convicted of any additional hunting violations during the period. The 39 cost of the course shall be seventy-five dollars ($75.00) to be 40 paid to the department. The commission shall establish by rule the curriculum 41 of the hunter education remedial course. 42 The revocation shall consist of cancellation of an existing license for 43 the required length of time and/or denial of the privilege of purchasing an 44 applicable license for the length of time required to meet the revocation 45 period decreed. In the case of persons pleading guilty, convicted or found 46 guilty of committing multiple offenses, the revocation periods may run consec- 47 utively. In the case of pleas of guilty, convictions or findings of guilt 48 involving taking big game animals during closed season or exceeding the daily 49 bag or possession limit of big game, the magistrate hearing the case shall 50 revoke the hunting, fishing or trapping privileges of any person convicted or 51 found guilty of those offenses for a period of not less than one (1) year for 52 each big game animal illegally taken or possessed by the person convicted or 53 found guilty. 54 It shall be a misdemeanor for any person to hunt, fish, or trap or pur- 55 chase a license to do so during the period of time for which such privilege is 21 1 revoked. 2 For the purpose of this title, the term "conviction" shall mean either a 3 withheld judgment or a final conviction. 4 (e) Flagrant Violations. In addition to any other penalties assessed by 5 the court, the magistrate hearing the case shall forthwith revoke the hunting, 6 fishing or trapping privileges, for a period of not less than one (1) year and 7 may revoke the privileges for a period up to and including the person's life- 8 time, for any person who enters a plea of guilty, who is found guilty, or who 9 is convicted of any of the following flagrant violations: 10 1. Taking a big game animal after sunset by spotlighting, with use of 11 artificial light, or with a night vision enhancement device. 12 2. Unlawfully taking two (2) or more big game animals within a twelve 13 (12) month period. 14 3. Taking a big game animal with a rimfire or centerfire cartridge fire- 15 arm during an archery or muzzleloader only hunt. 16 4. Hunting, fishing, trapping or purchasing a license when license privi- 17 leges have been revoked pursuant to this section or section 36-1501, Idaho 18 Code. 19 5. Taking any big game animal during a closed season when there is no 20 established take season open anywhere in the state for any species of big 21 game. 22 6. Any felony violation provided in section 36-1401, Idaho Code. 23 (f) For purposes of the wildlife violator compact, section 36-2301, Idaho 24 Code, et seq., the department shall: 25 1. Suspend a violator's license for failure to comply with the terms of a 26 citation from a party state. A copy of a report of failure to comply from 27 the licensing authority of the issuing state shall be conclusive evidence. 28 2. Revoke a violator's license for a conviction in a party state. A 29 report of conviction from the licensing authority of the issuing state 30 shall be conclusive evidence. 31 (g) Disposition of Fines and Forfeitures. Distribution of fines and for- 32 feitures remitted shall be in accordance with section 19-4705, Idaho Code. 33 SECTION 14. That Section 36-2201, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 36-2201. PURPOSE. It is the intent of the legislature by this act to pro- 36 vide for and control the establishment and operation of shooting preserves and 37 to do so in such a manner as to be in the best public interest. Pursuant 38 thereto the director of the Idaho fish and game department is hereby autho- 39 rized to issue shooting preserve licenses for the purpose of permitting shoot- 40 ing of privately owned upland game birds on privately owned premises as here- 41 inafter provided. 42 Further, the Idaho fish and game commission is hereby authorized to make 43 rules andregulationsproclamations consistent with 44 and for the purpose of carrying out, administering and enforcing the provi- 45 sions of this act. During the shooting preserve season, the hunting and shoot- 46 ing of upland game birds on such preserves shall be open to any holder of a 47 valid license of the proper class following payment of the required shooting 48 fee established by the licensed shooting preserve operator. 49 SECTION 15. That Section 36-2202, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 36-2202. SHOOTING PRESERVE LICENSE. Upon receipt of a completed applica- 22 1 tion of a type and form prescribed by the director, his representative shall 2 inspect the proposed shooting preserve premises and facilities where such 3 upland game birds are to be propagated, raised and released. If the department 4 finds that the proposed operation and area meet all of the requirements of law 5 and related rules andregulationsproclamations 6 adopted by the fish and game commission, the application shall be approved and 7 the license issued. Upon payment of the annual fee as provided in this act, 8 shooting preserve licenses issued under the provisions hereof shall be and 9 continue in force from the date of issuance until and including the thirtieth 10 day of June thereafter. Application for renewal thereof must be made during 11 the thirty (30) days immediately preceding said expiration date. 12 Operating licenses or permits may be issued to any person, partnership, 13 association or corporation for the operation of shooting preserves that meet 14 the requirements herein prescribed. 15 SECTION 16. That Section 36-2205, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 36-2205. GAME BIRDS. (a) Game which may be hunted under this act shall be 18 confined to artificially propagated upland game birds. 19 (b) A minimum release of two hundred (200) upland game birds of each spe- 20 cies to be hunted on each shooting preserve must be made on the licensed area 21 during the shooting preserve season. 22 (c) Artificially propagated upland game birds released on a shooting pre- 23 serve must be: 24 (1) Marked by clipping the terminal joint of a single toe on either foot 25 as evidenced by a healed scar, or 26 (2) Banded with a leg band of a type not removable without breaking or 27 mutilating, such tag to be supplied by the fish and game department at 28 cost. One (1) such band shall be securely affixed to one (1) leg of each 29 bird released and shall remain affixed on the bird until bird is prepared 30 for consumption. 31 (d) Any wild upland game bird incidentally taken upon a shooting pre- 32 serve, at any time other than the general open season therefor, must be marked 33 then and there with a tag that has been issued to the shooting preserve licen- 34 see by the Idaho fish and game department. Said bird shall count as part of 35 the permittee's shooting preserve limit. The fee for such tags shall be three 36 dollars ($3.00) per bird. 37 During the general hunting season for the taking of upland game birds, all 38 wild birds harvested on shooting preserves will be subject to the laws appli- 39 cable to such wild birds and relatedregulationsrules and 40 proclamations of the Idaho fish and game commission. 41 SECTION 17. That Section 36-2210, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 36-2210. BIRDS TAKEN OUTSIDE BOUNDARIES. The taking or shooting of any 44 and all artificially propagated and marked upland game birds that leave the 45 shooting preserve area shall be subject to related provisions of the law and 46 the rules andregulationsproclamations of the Idaho 47 fish and game commission, notwithstanding the fact of leg bands attached to 48 said birds.
STATEMENT OF PURPOSE
RS 08048
This bill creates an exception from Administrative Procedures Act
rulemaking requirements for biological-type rules adopted by the
Idaho Fish and Game Commission. Instead of rulemaking, the
Commission would set hunting and fishing seasons and limits by
proclamation. This exception would apply only to the setting of
"any season or limits on numbers, size, sex or species of wildlife
classified by the commission as game animals, game birds,
furbearers, migratory birds, salmon, steelhead and resident fish
which may be taken in this state." Nonbiological rules would remain
under normal rulemaking procedures.
Fish and Game season setting rules have been a problem under the
Administrative Procedures Act. The biological-type rules are
amended frequently based on the most current biological
information. For example, the big game seasons are set, the hunt is
completed under temporary rules, the hunters have gone home, and
new seasons are being set before the old rules are reviewed by the
Legislature. Then, the obsolete season rules become final rules
while the current hunting season proceeds under temporary rules.
Additionally, hunters and fishermen do not consult the
Administrative Code or Administrative bulletin to determine the
hunting or fishing seasons. Instead, the public relies on the free
brochures distributed by Fish and Game. This exception would stop
the double publication of the hunting and fishing season rules.
The majority of this bill concerns the correction of terminology
throughout the Fish and Game Code to allow season setting by
Commission proclamation. In order to set a season by proclamation,
the Commission must publish notice of the proposed action in the
Administrative Bulletin and provide open meeting notice. The notice
of proposed proclamation will be provided to Legislative Services
for review by the germane joint subcommittee. The proclamation will
be published in a free brochure and distributed to the public.
Finally, the proclamation will have the force and effect of law,
and the counts are directed to take judicial notice of the
proclamation.
FISCAL NOTE
The Administrative Procedures Act publication cost of Fish and Game
rules for 1997 was $13,550 for the Administrative Code and $8,772
for the Administrative Bulletin. This bill would save a large
portion of this expense from the Fish and Game Fund, and reduce the
number of pages printed in the Administrative Code and Bulletin.
Contact: Pat Cudmore, Department of Fish & Game - 334-2657
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