1998 Legislation
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HOUSE BILL NO. 727 – F&G Comm, proclamations, adoption


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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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 727


 1                                        AN ACT

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


 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


 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;


 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.


 1        SECTION 2.  That Section 36-105, Idaho Code, be, and the  same  is  hereby
 2    amended to read as follows:

 4      PROCLAMATIONS . (1) Adoption and Publication of  Rules
 5    ,  Regulations    and  Orders.  All  rules , regulations  and
 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-
 8    tions,  and orders may also be given such other publicity as the commis-
 9    sion may deem desirable.
10        (2)  Violation of Rules,    Regulations      Proclamations
11      and  Orders.  All  rules,  regulations   proclamations
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 be  deemed in full compliance with the notice
20    provisions of section 67-5221, Idaho Code,      excepted  from  the
21    requirements  of  rulemaking   when adopting, repealing, or amending any
22     rule   proclamation  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)   n  N otice  of the proposed  proclamation
28          is  published  in the Idaho administrative bulletin  at least
29        fourteen (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)   n  N otice is given to  the  director  of  the
33        legislative    council  concurrent  with publication in the bulletin.
34          services office for review by the germane joint  subcommittee
35        as soon as possible after adoption by the commission; and 
36          When  adopting, repealing, or amending any rule relating to setting
37    of any season or limit on numbers, size, sex or species of wildlife classified
38    by the commission as salmon, steelhead, or migratory birds which may be  taken
39    in  this  state,  the  Idaho  fish and game commission and the director of the
40    Idaho fish and game department shall be exempt from the provisions of  section
41    67-5221,  Idaho Code; however, after taking such action, the commission or the
42    director shall cause a notice of such action to  be  published  in  the  first
43    available issue of the bulletin 
44          (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


 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  and    regulations
28           proclamations  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


 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


 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-


 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.


 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


 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


 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:

13      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 commission  regulations   rules 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:

21    EXCEPTIONS.  Except  as  may be otherwise permitted by law or commission 
22    regulation   rule 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


 1    amended to read as follows:

 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 has   the    significant
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-


 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


 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 commission 
12    regulations   proclamations  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  and  regulations   proclamations  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 and  regulations    proclamations
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 commission  regula-
35    tions      rules  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 the  monies
46        moneys   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.


 1        SECTION  10.  That Section 36-1301, Idaho Code, be, and the same is hereby
 2    amended to read as follows:

 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        sion  regulations   rules 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 or  regulations   rules or proc-


 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:


 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-


 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:

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


 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.
24         8  6 .  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 being  release   released  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


 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 and  regulations   proclamations  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-


 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 and   regulations      proclamations  
 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 related  regulations   rules  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 and  regulations   proclamations  of the Idaho
47    fish  and  game  commission, notwithstanding the fact of leg bands attached to
48    said birds.

Statement of Purpose / Fiscal Impact


                              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 
                                   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
    H 727